University News Last updated 20 December 2013
A legal investigation into the activities of Santa Claus has revealed that he could be a serial offender, according to an expert at Birmingham City University.
Research undertaken by legal expert Professor Fiona Church has found that the legendary patron saint of children could have been breaking the law for hundreds of years under his many aliases; namely in areas regarding employment regulations, driving offences, animal welfare and breaking and entering.
Professor Fiona Church, Executive Dean at Birmingham City University, said: "Whilst I am happy to question some of Santa's activities I am certainly not questioning his existence - in my legal opinion Santa is definitely real! I will be putting my stocking out as usual on Christmas Eve and leaving out a mince pie and carrot for Rudolph."
Santa Claus undeniably gets a lot of attention in the lead up to the holiday season, taking credit for checking wish lists, improving behaviour from naughty to nice, travelling around the world in one night and delivering every child a present in time for Christmas Day.
However Saint Nicholas is more human than we may like to believe, as according to folklore, working hard behind the scenes under Santa's shadow is the often less appreciated elves. The age of the elves have never been discussed publicly, posing the question – are they of working age?
During the lead up to the holiday season the amount of labour the tiny, mythical creature's clock up is pretty astounding. Given tight deadlines Professor Church questions whether Father Christmas is abiding by the Working Time Regulations (2009); ensuring that his staff work no more than six days per week and allowing them to take a 20 minute break every six hours. With the amount of toys that need to be made, it's safe to assume that production cannot halt at any time during the year, so when does Santa allow his elves to take their accumulated break and rest periods?
Santa also has the tough job of categorising children from across the world into one of two lists; naughty or nice. But is checking the list twice a thorough enough procedure to come to a final conclusion? According to Professor Church, if Santa puts a child in the wrong list, thus communicating a potentially false statement that may harm the reputation of that individual, then he could be sued for defamation.
Being a pet owner means Santa is legally responsible for his reindeer by virtue of the Animal Welfare Act 2006. The ability to balance on rooftops, travel long distances and pull heavy loads are just some of the specifications required of Santa's reindeers. So what happens when Santa's reindeer get old, or are not fit enough for the job? Where does Santa get healthcare for his pets in the North Pole?
And what about all the offences committed on Christmas Eve alone? If Santa visits over one billion homes and has mince pies and an alcoholic drink in each house, will he not be well over the drink driving limits?
Professor Church also questions why we accept that Father Christmas breaking and entering into our homes is fine, when we teach our children to be weary of such intruders.
According to the legal and education expert, Professor Fiona Church, we hesitate to question the joyous fantasy figure that is Father Christmas, as we fear not making his nice list and if we do send him to jail then who will deliver our presents?