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Lawyers and other legal advisors will be allowed to wear the Islamic veil in court, unless it interferes with the interests of justice, the head of the judiciary in England and Wales announced Thursday.
The Lord Chief Justice, Lord Phillips of Worth Matravers, told judges to use their discretion following a high-profile case in which a female legal advisor refused to remove her full-face veil or niqab during an immigration tribunal.
The recommendation was only temporary while detailed guidance was drawn up by the Judicial Studies Board, which trains full- and part-time judges and oversees training for lay magistrates and tribunal members, he said.
"I have asked the (Judicial Studies Board's equal treatment advisory) committee to address this issue urgently and the senior judiciary will also consult with relevant bodies in developing such guidance," he said.
"The president of the AIT (Asylum and Immigration Tribunal) has provided some helpful advice within his jurisdiction to meet the immediate needs in one particular case.
"But this should not necessarily be seen as a blueprint for more general guidance, as that process needs to reflect a wide range of judicial proceedings and scenarios."
The issue came to the fore after the woman's refusal to remove her veil led to an immigration hearing in Stoke-on-Trent, northwest England, being adjourned until Monday while the judge sought advice on how to proceed.
The president of the AIT Tribunal, Judge Henry Hodge, said Thursday: "Immigration judges must exercise discretion on a case-by-case basis where a representative wishes to wear a veil.
"The presumption is that if a representative before an AIT tribunal wishes to wear a veil, has the agreement of his or her client and can be heard reasonably clearly by all parties to the proceedings, then the representative should be allowed to do so."
Britain has been gripped by a row about the right to wear the niqab and other forms of religious clothing for more than a month after former foreign secretary Jack Straw said the veil was a barrier to communication.
Prime Minister Tony Blair labelled it a "mark of separation" while a Muslim teaching assistant was suspended from her job after refusing to remove the veil in class.
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AFP 092108 GMT 11 06
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