HL Deb 09 May 1946 vol 141 cc142-5

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 Benefices (Suspension of Presentation) Measure, 1946, be presented to His Majesty for the Royal Assent. The most reverend Primate said: My Lords, this Measure raises a point of more general interest, a point which concerns, or may concern, parishes on a wider scale. The Measure enables the filling of a vacant benefice, in certain circumstances, to be postponed for a period not exceeding five years, although under certain conditions it may be extended; for a further two years. During that period, if the Measure is applied, a patron is inhibited from making a presentation. The Measure was first introduced into the Church Assembly in 1939 on the recommendations of a Commission. The Commission expressed the view that a general revision of the spheres of work of the parochial clergy was needed and that re-arrangement of the endowments should go side by side with it. They suggested that something was required to avoid the creation of a new vested interest. Before the war it was already obvious that in many cases the cures had to be re-arranged. When you had that under consideration, it was obviously undesirable to fill a living and thus create a new freehold which lasts as long as the incumbent is there—for life it may be—and which will prevent the reorganization of that area.

The Measure, as I say, was introduced into the Assembly in 1939, and received general approval. Then the war came, and it was postponed. Now it comes up with increased emphasis. If it had never been thought of before the war, it would have been thought of now. Your Lordships are aware of the kind of conditions that exist now. In many areas churches have been destroyed, and in a great number of instances the population is shifting rapidly and drastically, or threatening to shift. In the last-mentioned cases we have to wait and see whether the threat will be carried out or not. In all these cases, it is essential to look at an area and say: "How shall we re-plan this area?" This is necessary in country districts, owing to the shortage of man-power, clerical manpower, and also for a better reason, namely, that it is really unfair to any man who is active and vigorous to give him a cure of souls of 200 people and no more, to put him where he cannot be active and perhaps in one form or another Satan may find some mischief for him to do. In all these cases the Church under powers that it has got, reviews the matter and says: "How can we best deal with this problem?"

It is a great mistake to do anything in a hurry. If I may, I will take the country districts to illustrate this. Although it may appear to be obviously right to unite two villages A and B, to do it in a hurry may be most disastrous. They move slowly in the country, thank goodness. I am glad of it. If you act in a hurry you may afterwards find that for centuries these villages have not been on speaking terms. No-one from village A would dream of marrying someone from village B, and to put them together in the one parish immediately would be fatal. But, if it seems a right solution, you can put them together for a time to see how they get on, and, by and by, if it works out all right you can make the arrangement permanent. What is wanted is to be able to keep a living vacant until the best arrangement, in view of the changed population and changed local conditions, has been found, when it may be that you can clinch it by a regular union. This Measure, therefore, gives power to suspend the filling of a living. The Bishop may take that action when he has got the consent of the patron and a Diocesan Committee, and when he has consulted with the Parochial Church Council. In that case the living is left vacant for a period not exceeding five years.

The rest of the Measure is consequential. It enables a Bishop and the sequestrators to provide for the cure of souls during the interval, and makes certain provisions about income. The present system is that if a living is vacant the whole of the income is accumulated, and presented to the new vicar when he comes. If, under this system, you had a vacancy lasting five years, it would present the vicar with a very large sum when he came. The Measure, therefore, provides that the Bishop and his sequestrators, in their discretion, can invest, for the benefit of the living any sum over £100 so that a future incumbent will get the benefit in the way of increased income, but he does not get a lump sum of more than £100, in ordinary circumstances.

There is one further thing which I wish to mention. The period of suspension during which no presentation may be made is not counted for purposes of lapse. If a patron fails to fill a living far six months, the patronage lapses from him to the Bishop. After another six months it lapses from the Bishop to the Archbishop, and after another six months from the Archbishop to the Crown. Without the Measure the period of suspension would count for lapse. But, under Section 5, the original patron is still eligible to appoint to the benefice. It affects the rights of the Crown, for the Measure says that the Crown shall be bound and shall not therefore enjoy the benefit of lapse which would otherwise come to it. The noble and learned Lord, the Lord Chancellor, I believe, will confirm that the Crown has given consent to this. With that recommendation, my Lords, 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 Benefices (Suspension of Presentation) Measure, 1946, be presented to His Majesty for the Royal Assent.—(The Lord Archbishop of Canterbury.)

THE LORD CHANCELLOR

My Lords, I have it in command from His Majesty to signify to the House that His Majesty having been informed of the purport of the Benefices (Suspension of Presentation) Measure, 1946, gives his consent, so far as His Majesty's Prerogative is concerned, that the House may do therein as they shall think fit.

On Question, Motion agreed to.