HC Deb 19 December 1912 vol 45 cc1686-7
77. Lord ROBERT CECIL

asked the Home Secretary for what, reason express power is given of altering the Church Discipline Act, 1840, and other Statues, in Clause 3 of the Established Church (Wales) Bill; and whether those Acts will remain in force as law if the Bill be passed?

Mr. McKENNA

The reason for giving express power to alter the Clergy Discipline Act and other Statutes in Clause 3 of the Established Church (Wales) Bill is to prevent any possible doubt as regards those Statutes. The answer to the second part of the question is in the negative, so far as Wales is concerned. Their provisions will be binding there only on members of the Church of England as being the subject of an implied contract.

Lord ROBERT CECIL

May I ask whether the right hon. Gentleman does not think in these circumstances it would be better to set out the Statutes that may be altered and effected in a Schedule to the Bill?

Mr. McKENNA

The effect of the Act upon all the Statutes is the same. It is to see that the provisions of the Statutes remain operative in Wales until they are altered by Disestablishment. There would be no advantage in setting out the Statutes in a Schedule.

Lord ROBERT CECIL

Does the right hon. Gentleman not think that by naming these particular Statutes and not others he will raise doubt as to what is the effect of the Act upon such Statutes?

Mr. McKENNA

I see the point the Noble Lord raises, but I am advised there is a certain advantage in referring expressly to these Statutes in order to remove any doubt upon the point, but as regards the whole of the Statutes the position is perfectly clear.