Immigration and Nationality (Fees) Regulations 2018

Debate between Lord Bishop of Derby and Lord Judd

Tuesday 12th June 2018 Lords Chamber

[Lord Judd (Lab)]

My Lords, in welcoming strongly what the right reverend Prelate said, does he not agree that, in the breakdown of society, what is repeatedly demonstrated is that children need to belong? There has to be a culture, an overwhelming culture, of being wanted and belonging, and if that is not there, disintegration increases. Does he not also agree that, in the kind of society he is talking about, phrases such as “hostile environment” have absolutely no place, because they generate the wrong kind of context?

[The Lord Bishop of Derby]

I would be very happy to say that belonging is what it is about—that is what a citizen is. It is about belonging, not just to your close family but to your community, your society and your state. We want people to feel proud of that, to feel welcome and fully participative.

Ecclesiastical Property Measure

Debate between Lord Bishop of Derby and Lord Judd

Thursday 22nd January 2015 Lords Chamber

[The Lord Bishop of Derby]

My Lords, this Measure makes a modest change to the statutory framework for land and property held on permanent trusts by parochial church councils. At present, legal title to all PCC land is vested in the “diocesan authority”—usually the diocesan board of finance—which holds it as trustee for the PCC, by virtue of the Parochial Church Councils (Powers) Measure 1956. The diocesan authority’s consent is required to all kinds of transactions, with the exception of leases for a year or less.

The trigger for the Measure before the House was a private member’s motion at the July 2012 group of sessions of the General Synod, which called for PCCs which are registered with the Charity Commission to be able to hold their own property legally and beneficially. The Archbishops’ Council did not support the change in the form proposed, but acknowledged that the PCC powers Measure is over 50 years old and the regulatory environment has changed very significantly. In view of this, the Archbishops’ Council agreed that a degree of deregulation would be helpful, and brought forward legislation which makes three substantive changes to the 1956 Measure.

First, the Measure removes entirely the requirement for a PCC to obtain the consent of the diocesan authority before bringing legal proceedings; for example, to evict squatters or non-paying tenants from parish property. On the coming into force of this Measure it will be for a PCC to decide, in every case, whether it is in its interests to bring proceedings. That is important, because it puts local knowledge to the forefront.

Secondly, the Measure extends the length of lease that can be granted without reference to the diocesan authority. Under the 1956 Measure as it stands, a “short lease” is defined as a lease for a year or less. The amendments made by this Measure define a “short lease” as a lease for seven years or less. That change aligns this requirement with the controls on dispositions of land under the Charities Act 2011, which apply only to leases of more than seven years.

Thirdly, the Measure provides that the consent of the diocesan authority is required only for transactions with a value in excess of a figure to be specified in an order made by the Archbishops’ Council, which will be laid before the General Synod and Parliament. The Archbishops’ Council has not yet determined what the figure should be, as it has committed to consult others before setting the figure.

The Measure also makes equivalent provision for ecclesiastical trusts governed by the Incumbents and Churchwardens (Trusts) Measure 1964, which are subject to a statutory regime very similar to that for PCCs. I beg to move.

[Lord Judd (Lab)]

My Lords, may I just say “ditto” to what I said about the previous Measure?

[The Lord Bishop of Derby]

I thank the noble Lord, Lord Judd, for his support and for the support of the Ecclesiastical Committee. I now invite the House to approve the Motion.

Church of England Pensions (Amendment) Measure

Debate between Lord Bishop of Derby and Lord Judd

Thursday 22nd January 2015 Lords Chamber

[The Lord Bishop of Derby]

My Lords, this very short Measure makes a single change to the Church of England Pensions Measure 1997. It extends by a further seven years the period during which the Church Commissioners have power to use the capital of their general fund in order to fund their historic pension obligations. The Pensions Measure 1997 conferred the original power on the commissioners to spend capital in order to support their responsibility to pay pensions for clergy service before 1998. The original power came to an end in 2004, and has been extended twice since then, on each occasion for seven years.

The power to spend capital on pensions gives the commissioners the freedom to continue making payments to fund the work of the church. Without it they would have been forced to devote all, or almost all, the income of their general fund to the payment of pensions. Alternatively, they would have had to have invested their funds specifically for high-income returns, potentially eroding the real value of their capital for future generations. The pension payments will continue to increase over the next 20 years or so, especially as clergy and their spouses tend to be long-lived. The power to spend capital for this purpose is therefore likely to be needed for some time to come. I beg to move.

[Lord Judd (Lab)]

My Lords, again ditto.

[The Lord Bishop of Derby]

I thank the noble Lord, Lord Judd, and the Ecclesiastical Committee for their support. I now invite the House to support the Measure.