The Portal May 2015 | Page 10

THE P RTAL May 2015 Page 10 News from the Anglican C of E News The Revd Paul Benfield keeps us up to date In January a report entitled ‘Optimising the role of the National Church Institutions’ was published. It contained a proposal that the way the Church of England makes its laws should be greatly simplified. This has now been worked on and a consultation document was published in April. The problem identified by the report is that to pass or amend existing primary legislation is complex and time-consuming. At present church legislation normally has to pass through five stages in the Synod (first consideration, revision in committee, revision in synod, final drafting and final approval) followed by consideration by the Ecclesiastical Committee of Parliament and by both Houses of Parliament before receiving Royal Assent. This takes time. The example given in the consultation document is that of the legislation which introduced common tenure for clergy. This resulted from a report in 2002 and did not come into force until 2011. But in fact the proposals on common tenure were subject to significant modification after consultation with the wider church and debates in Synod before the legislative process even began. First consideration of the actual legislation was not given by Synod until February 2007. Major changes were made during the synodical procedures, not least my amendment which removed the provision which would have vested parsonages in the diocesan board of finance rather than the incumbent. burden, or the overall burdens, resulting directly or indirectly for any person from any legislation”. So the Archbishops’ Council proposes that it should have power to make an order which would repeal or amend church legislation, including primary legislation in the form of Measures and Acts of Parliament. There would be certain pre-conditions that would have to be met before the power could be exercised. A draft order would have to go before a Scrutiny Committee of Synod which could suggest amendments or that the order be withdrawn. The Archbishops’ Council would consider those suggestions and amend the draft order or not as it saw fit. The draft order would then come before Synod which could approve it or reject it, but not amend it. The order would then pass to Parliament where it would be passed as a statutory instrument, thus by-passing the Ecclesiastical Committee. Questions which need to be asked are, firstly, will this procedure produce properly scrutinised and workable legislation? This has often not been the case with government orders passed under the secular legislation. Secondly, is this part of a continuing The Measure received Royal Assent in April 2009. process of centralisation of the Church of England, Because of its complexity, the legislation could not whereby the Archbishops’ Council would become akin be brought into effect quickly and so it did not come to the board of a public company, with full executive into force until 2011. Nevertheless, the authors of power over all matters? this consultation (which goes out under the name of William Fittall, Secretary General) are content to give the impression that it was the legislative process which caused a delay of 9 years. The Archbishops’ Council believes that the solution to the problem of slow legislative process is to reduce substantially the categories of legislative change that require to be made by measure. It is proposed that an enabling measure be passed which would be similar to Part 1 of the Legislative and Regulatory Reform Act 2006. This Act allows a government minister to make an order for the purpose of “removing or reducing any contents page