Mission and Pastoral etc. (Amendment) Measure
Debate between Lord Bishop of Rochester and Baroness Butler-Sloss
The Lord Bishop of Rochester
My Lords, the Mission and Pastoral etc. (Amendment) Measure implements proposals that were initially formulated by a simplification task group established by the Archbishops’ Council. It makes various amendments to provisions of existing legislation concerned with pastoral reorganisation and other related matters to make those provisions more effective and more efficient.
Pastoral reorganisation within the Church of England is brought about by pastoral schemes and pastoral orders made by the Church Commissioners. That, at least, is how its legal aspects are dealt with. Before anything ever reaches that stage there is of course hard work to be done on the ground by clergy and laity and others within dioceses to bring forward proposals. The types of changes that we mean when we talk about pastoral reorganisation include, for example, the creation of new benefices and parishes, the closure of churches and the designation of new parish churches, the allocation of rights of patronage and miscellaneous other matters.
This Measure amends provisions in the Mission and Pastoral Measure 2011 that set out the process for making such pastoral schemes and orders. The amendments will streamline the process by removing duplication and making the consultation process more effective. The rights of parishioners and others to be consulted and to make representations in relation to proposals for pastoral reorganisation clearly remain in place, but the consultation process will become focused on the substance of proposals for change, irrespective of whether the proposals take the form of a specific recommendation or of issues that have been identified as needing to be addressed.
There is a new provision: where a deanery synod has, after consulting interested parties, formulated a deanery plan for pastoral reorganisation—and that, by definition, covers more than one parish and is an increasingly common occurrence—the Church Commissioners will operate a presumption in favour of giving effect to the proposals contained in such a deanery plan. The Measure introduces a new type of instrument called a “bishop’s pastoral order”, which will be available to provide for a very limited range of administrative matters: for example, something as simple as changing the name of a parish or creating a new deanery. The bishop will be able to make orders providing for this limited range of matters without going through the more involved procedures for pastoral schemes and pastoral orders. None the less, the bishop must in these circumstances consult the diocesan mission and pastoral committee and anyone else whom the bishop deems ought to be consulted.
Provision for compensating clergy who lose office as a result of a pastoral reorganisation will be replaced by this Measure. This inevitably has been one of the more contentious elements of this Measure and there has been much discussion around it. The existing provisions provide, in effect, for a member of the clergy who is displaced and who does not find another post to receive compensation for loss of stipend and housing until they reach the retirement age of 68. In practice, this provision is so expensive for dioceses that pastoral reorganisation that would have the effect of displacing clergy is not contemplated, even where it is clearly needed to further the mission of the Church.
The new compensation provisions are more workable and, I think, more in line with what happens in other walks of life, replacing compensation until retirement with compensation based on 12 months’ stipend and pension contributions—but with the important discretionary power given to bishops to authorise additional payments and with the right of the individual concerned to apply for a review on the grounds that the bishop’s decision would cause exceptional hardship for that person or their family. In relation to this particular provision it is perhaps worth underlining that, when the General Synod voted on this, there was substantial support in the House of Clergy, which is the place where you would have expected there not to be if this was a problematic provision. I think that indicates that there is in the wider Church a recognition that we need to find ways of giving ourselves the possibility of making such reorganisations when we need to.
The Measure also makes amendments to the rules concerning so-called “lapsed patronage”: the statutory provision dealing with the situation where the patron of a vacant benefice has not made a formal presentation of a priest to the bishop within the time allowed, which at present is nine months. Instead of unexercised patronage lapsing to the archbishop of the province— which is what happens at the moment, and then the archbishop invariably passes it back to the diocesan bishop—it will pass directly to the diocesan bishop unless the PCC of the benefice concerned passes a special resolution that the archbishop alone should take the decision. The time allowed for patrons to exercise their patronage is increased from nine to 12 months, so it is hoped that the number of cases of lapse will thereby be reduced in any case.
Additionally, the Measure strips away a number of rather overprescriptive provisions, and various other provisions have been tidied up. Again, the Ecclesiastical Committee, to which we are very grateful, has reported that it is of the opinion that the Measure is expedient. I beg to move.
Baroness Butler-Sloss (CB)
My Lords, we took the precaution, in the Ecclesiastical Committee—since we were asked to look at several Measures together—of allowing a considerable period of time to reflect on them before we actually met as a committee. So all of these documents were sent—the next ones coming along, together with the present one; I will only speak once on this—to committee members before Christmas, although we did not meet until some time in January. The result was that there were a number of very sensible—if I might respectfully say so—and practical questions asked of the Church of England in relation to each of these subsequent Measures. Each one of those questions was very appropriately and adequately responded to, so that by the time of the Ecclesiastical Committee, we dealt with all the Measures within an hour, including the one that we have just been discussing, because we had been given such good help by the lawyers of the Church of England in particular that we were able to understand and be entirely satisfied that they were expedient. Therefore, I support the present Measure on the basis that the Ecclesiastical Committee found it expedient.
Pensions (Pre-consolidation) Measure
Debate between Lord Bishop of Rochester and Baroness Butler-Sloss
The Lord Bishop of Rochester
My Lords, this is my last prepared speech, because it will cover the other two Measures which are also in this final group.
The three Measures in this group each contribute to bringing the statute book up to date. The Pensions (Pre-consolidation) Measure makes amendments to various Measures and regulations as the first stage in a process of consolidating the large number of Measures and regulations which deal with Church of England pensions. The amendments are mostly of a minor or technical nature.
Perhaps the only exception to that is a provision that will permit the Church of England Pensions Board to transfer the Clergy (Widows and Dependants) Pension Fund into the Church of England Funded Pensions Scheme—the main scheme that covers current service by clergy. That will mean that any excess sums in the widows and dependants fund can be applied to clergy and their dependants under the funded scheme, while at the same time providing increased security for the beneficiaries under the much smaller widows and dependants scheme by bringing them within the larger scheme.
The Statute Law (Repeals) Measure repeals a number of ecclesiastical enactments that are spent, obsolete, unnecessary or otherwise not now of practical utility. Such an exercise is the first that has been undertaken since 2004, at which time some 40 ecclesiastical enactments were repealed as a result of recommendations from the Law Commission. On this occasion, the Legal Office of the National Church Institutions has undertaken its own exercise to identify enactments for repeal. Following a consultation, the final list includes some 62 enactments for repeal, either in their entirety or in part, beginning with an enactment dating from 1534 and concluding with one from 2001.
Finally, the Ecclesiastical Jurisdiction and Care of Churches Measure is a consolidation. It consolidates, with corrections and minor improvements, some 36 enactments relating to ecclesiastical jurisdiction and the care of churches and other places of worship. The oldest of the enactments consolidated in the Measure is the Parochial Libraries Act 1708. I do not know whether anyone has a grand attachment to it—maybe they do, but that is the oldest one. The newest is the Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015. The result is that all the statute law relating to ecclesiastical jurisdiction, other than the disciplinary jurisdiction over the clergy, and all the statute law relating to the faculty jurisdiction and associated matters is contained in a single Measure. That will make it much easier for anyone who needs to use this legislation to find out what the law is and thereby to apply it.
Again, I am grateful to the Ecclesiastical Committee for its consideration of this Measure and the other two which will follow. The committee has reported its opinion that all three Measures are expedient. I beg to move.
Baroness Butler-Sloss (CB)
My Lords, these three Measures were much simpler to deal with and took very little time. I simply point out that the third one is purely consolidatory. Unlike the other Measures with which this House is concerned, it makes no changes at all; it simply puts things under one umbrella. The Ecclesiastical Committee had no hesitation in finding all three Measures expedient.