Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure
The Lord Bishop of Derby
That this House do direct that, in accordance with the Church of England Assembly (Powers) Act 1919, the Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure be presented to Her Majesty for the Royal Assent.
The Lord Bishop of Derby
My Lords, this Measure makes a number of amendments to existing legislation concerned with the care of churches and the exercise of jurisdiction by the ecclesiastical courts. The amendments will simplify the operation known as faculty jurisdiction, the legal framework under which the consistory court of a diocese regulates the carrying out of works and other proposals to its churches and churchyards.
The faculty jurisdiction is a reflection of the Church of England’s understanding that decisions about what happens in and to church buildings and churchyards are not simply a matter for local congregation decision. It is important both for the safeguarding of the Church of England’s historic buildings and for maintaining the confidence that the Government place in it in allowing it to operate its own procedures, rather than being subject to the secular consent procedure for listed buildings. It also has a role in ensuring that any proposals concerning the church or churchyard are consistent with the church’s doctrine and take proper account of the interests of all those whom our parish churches exist to serve.
The last major overhaul of faculty jurisdiction was carried out in the 1980s and resulted in the Care of Churches and Ecclesiastical Jurisdiction Measure 1991. In 2012, the Archbishops’ Council established a faculty simplification group to look at the operation of the system. It carried out extensive consultation; there was overwhelming support for the existence of the faculty jurisdiction, but issues were raised about the amount of bureaucracy. It was sometimes felt to be resource-intensive and not easy for some to engage with.
Three key proposals for streamlining the process are the basis of this Measure. The first is the establishment of an agreed national list of minor works not requiring a faculty. The second is the establishment of an agreed national list of routine works which would require some input from the diocesan advisory committee and the approval of the archdeacon, but which would not need to go through the full faculty procedure. The third is a more streamlined application process from early-advice stage through to the formal faculty petition—that is the application to the consistory court—with a more disciplined timeframe for routine cases.
That is the nature of the Measure. Something that does not need to be in the Measure is the development of an online system for applications. The most significant provision, Section 5, implements the proposal that there should be nationally applicable lists of minor and routine works that can, subject to certain conditions, be undertaken without a faculty. We believe that that will significantly reduce the burden on churchwardens and others who volunteer a huge amount of their time to maintain and develop our 16,000 parish churches as living centres of worship and mission.
Deregulation will be accompanied by effective safeguards to ensure that the nation’s heritage continues to be protected as effectively as it is currently. A range of matters are expressly excluded from the deregulation provisions. In particular, any works which would affect the character of a listed building are outside the scope of the regulation and would always have to go through the full faculty procedure—which means that, in those sensitive cases, English Heritage and other national amenity societies will continue to be consulted, and they and other interested parties will continue to have the right to object and to be heard by the consistory court. The Measure, and the rules made under it, will distinguish those cases where no or only light-touch regulation is needed from cases which require careful consideration, including consultation and the right to object. The desire is to move to a more flexible system with proportionate means of proceeding.
Other provisions of the Measure include, in Section 4, simplifying the consistory court being able to grant faculties allowing free-standing buildings to be put up on disused burial ground, subject to certain conditions. Section 7 tidies up existing provision about appeals and which appeal courts hear which type of appeal. Section 8 provides for the appeal court to intervene in proceedings in the consistory court if there has been an inordinate delay—although it is hoped that the existence of that power will mean that it does not need to be used.
The Measure introduces some practical, balanced and sensible reforms which should mean that the faculty system continues to serve its purpose effectively but, at the same time, does not impose an undue burden on those who we rely on in the parishes to look after our churches. I beg to move.
Lord Marlesford (Con)
My Lords, I welcome what has just been described by the right reverend Prelate. I declare two interests. I am a churchwarden of St Andrew’s Church, Marlesford, which is a grade 1 church. Secondly, I am president of the Suffolk Preservation Society. Suffolk is a county which is blessed with an enormous number of extremely beautiful churches.
I am sure that the reform is very sensible and useful but I would just make one or two very small points. Small things can matter greatly. An example that I would give is churchyards and tombstones. If you have an historic, highly listed church and a traditional churchyard, often with very beautiful tombstones with a particular sort of stone generally used, it can be most unfortunate if the wrong sort of stone is put in. I would like the power to intervene, if necessary, to be delegated to the parochial church council and the rector of the church or benefice concerned. I am not suggesting that the consistory court is necessary.
There are other small things. Again, to take my own church, the church wall is made of flint and is in terrible condition. We are hoping to raise some money to repair it. One thing we were told was, “That is going to need a faculty”, and of course getting a faculty is quite an expense. You have to have the diocesan architect and all that, which adds to the cost. I hope that could be an example of where, provided the church wall is repaired in the vernacular style—the same style in which it was built—it could be done without bureaucracy. Having said these things, I welcome what the right reverend Prelate has said.
Lord Judd (Lab)
My Lords, I want to stress my real gratitude to the right reverend Prelate for the clarity and brevity with which he presented these proposals. I am a member of the Ecclesiastical Committee as are other Members of the House present today. I think we would all agree that it was really encouraging to have the complete unanimity of the committee along with the warmth with which it endorsed the proposals. This was under the leadership and chairmanship of the noble and learned Lord, Lord Lloyd of Berwick.
Lord Cormack (Con)
My Lords, first, I commend the right reverend Prelate for the manner in which he introduced this Measure, which of course has my support as it has the support of the noble Lord, Lord Judd, and my noble friend Lord Marlesford. I declare an interest as the vice-president of the Lincolnshire Churches Trust. I want to refer briefly to a matter which I raised in your Lordships’ House when I introduced a debate in June of last year on the importance of the parish church. I talked about the terrible problem of bats. I am afraid that people sometimes express hilarity when one talks about bats. They go off about bats in belfries, and all the rest of it. Even in another place last Friday, when Mr Christopher Chope introduced a Bill to try to tackle this problem, there was some light-hearted banter which did not recognise the terrible danger to the fabric of our churches from bats. Some of the finest works of medieval art are in our churches: wall paintings, monuments et cetera. The corrosive effect of bat urine and bat droppings is in fact gradually destroying many of these wonderful artefacts. This point was highlighted in a powerful letter in the Times only last week signed by Professor Jean Wilson, who is the president of the Church Monuments Society, and a number of other eminent authorities, including the president of my own society, the Society of Antiquaries. It is a real, serious and continuing problem.
I very much hope that it is a problem that will be addressed in a future Measure, which will be presented as elegantly and concisely as the right reverend Prelate has presented this one. I hope that we can tackle this in the very near future because not only is it a real and continuing problem in the way that I have described but it is making it virtually impossible for some churches to be used for proper worship. One has had all manner of disturbing letters, such as that about the couple kneeling to receive the sacrament and receiving bat droppings. The priest administering the sacrament was similarly affected. I cannot stress enough what a problem this is and I would be grateful for a brief, and I hope sympathetic, response from the right reverend Prelate.
Lord Elton (Con)
I assured the right reverend Prelate that I would say only “Hear, hear”. In fact, I am going to pinch his “Hear, hear” and say it to my noble friend Lord Cormack because we have suffered with bats, too, and it really is a serious problem. I am not sure whether it is the subject of this Measure or the proper place to raise it but I am very glad that it has been raised.
The Lord Bishop of Derby
I thank noble Lords for their interest and engagement and for their churchwardenship and leadership.
As regards tombstones, authority will in general continue to be delegated to incumbents provided that relevant criteria are met. As noble Lords will know, because the external appearance of the churchyard is so important we have to look at the types of stone used.
On the repairs to walls and so on, quite a lot of those issues will be deregulated but we have to remember that, if they are to change the appearance of the building or its presentation, that is a matter for wider concern and consultation.
I thank the noble Lord, Lord Judd, and the Ecclesiastical Committee for processing this so well and agreeing, so powerfully, to support it. I am grateful for that.
As regards the bats, at the moment they are—as the noble Lord, Lord Cormack, will know—largely outside the scope of this Measure and subject to the Wildlife and Countryside Act. However, I share his concern from my own experience, and I am glad that he used the word “future”. Beyond this Measure we have to look seriously at the enormous damage being done to our buildings and put preservation and health at the forefront. We have some way to go, but I totally endorse and support what the noble Lord said. I invite the House to approve the Measure.