§ 4.17 p.m.
§ THE LORD ARCHBISHOP OF CANTERBURY moved to resolve, That in accordance with the Church of England Assembly (Powers) Act, 1919, this House do direct that the Clergy (National Emergency Precautions) Measure, 1939, be presented to His Majesty for the Royal Assent. The most reverend Primate said: My Lords, I beg to move the Motion which stands in my name. This Measure is a contribution on the part of the Church of England to that national preparedness which is desirable in the event of an emergency which we all most certainly hope will not occur. The Church of England, as your Lordships are well aware, is subject, unlike other denominations, to certain legal requirements as to the use of churches and the provision of services. It may well be that in circumstances of emergency it may be necessary to modify these legal requirements A very similar Measure as the one now before your Lordships was passed during the last War, in 1917, but it was comparatively narrow in its scope, and the circumstances of modern war may well make it desirable to widen the scope of such emergency legislation.
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The object of the Measure, as described in its Title and preamble, is:
To enable the Archbishops of Canterbury and York to make regulations for the more effective exercise of the cure of souls in the event of war, and to enable the Ecclesiastical Commissioners and Queen Ann's Bounty to make financial provision in respect thereof.
Clause 2 confers on the Archbishops the power of making regulations for certain purposes which are set forth in that clause. The chief of them are these: First of all, in certain areas that may be described as vulnerable or evacuation areas, it may not be desirable that certain churches should remain open, either
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because large parts of the population have been evacuated or because they may be placed in a position of peculiar danger. On the other hand, it may very well be that clergy who are serving in such vulnerable or evacuation areas will be more needed in other districts—for example, more needed to follow up the population of their own parishes who may be largely transferred to so-called reception areas, and whose advent in these areas may overtax the man-power of the parishes to which they are sent. Sometimes it may even be desirable that clergymen should be directed to serve, with due consents and consultations, in another diocese. Subsections (2) and (6) of Clause 2 contain consequential provisions. Subsection (6) provides that these regulations must be submitted to both Houses of Parliament and may be annulled, but without prejudice to the validity of anything previously done thereunder, or to the making of new regulations.
§ Clause 3 deals with the cases which may arise of a clergyman suffering from financial hardship through being transferred from his own parish, where many of his obligations will still remain, for service in another parish; or, again, there will be cases where a clergyman holding a benefice or some other preferment is also serving as a Chaplain to the Forces, in which case he will receive the proper emoluments of his office, but some other clergyman must be employed to do the duty of the parish from which he has gone to serve with the Forces. In those circumstances, it is only right that the clergyman doing his duty should be adequately remunerated. I have not the slightest doubt that in any future war, as in the last, these arrangements will be effected in the most friendly, voluntary manner, but even the clergy are not always reasonable, and difficulties may occur, and it would obviously be most undesirable that any clergyman should make any kind of profit out of war conditions. Accordingly, Clause 3 gives a discretionary power to the Ecclesiastical Commissioners and the Governors of Queen Anne's Bounty to vary the sums which they have paid to the clergy concerned so as to meet the circumstances which I have mentioned.
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The Measure is in no sense controversial. It passed through all its stages in the last session of the Church Assembly
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practically with unanimity. It has been approved by the Ecclesiastical Committee of Parliament, I think I may say with more than usual strength of approval. It has already been before another place, and a Motion has there been passed that it be submitted to His Majesty for his assent. It is quite true that certain clergy have raised their voices in protest against what they think to be the autocratic powers which the Measure proposes should be placed in the hands of the Archbishops, but I think it is worthy of note that when the Measure was before the Church Assembly in the House of Clergy, where the clergy have their elected representatives, the Measure was passed with only three dissentients out of the whole House. It is true also that the Measure makes some temporary interference with certain rights which the public enjoy as to the use of the churches and the services therein, but here I think it is sufficient to quote the words of the Ecclesiastical Committee in their Report where they say:
In the circumstances, however, in which it can continue operative, what is usual must give way to what is unusual in many things besides those which concern the Church. It is fitting that those who are responsible for Church government should follow examples set by the State and prepare to meet an emergency.
In certain respects which experience has shown to be probable and which foresight shows to be also probable, this Measure endeavours to deal with any emergency when it exists. I beg to move.
§ Moved to resolve, That in accordance with the Church of England Assembly (Powers) Act, 1919, this House do direct that the Clergy (National Emergency Precautions) Measure, 1939, be presented to His Majesty for the Royal Assent.—(The Lord Archbishop of Canterbury.)
§ On Question, Motion agreed to.