§ 2.41 p.m.
§ THE LORD BISHOP OF LINCOLN rose to move to resolve, That in accordance with the Church of England Assembly (Powers) Act, 1919, this House do direct that the Diocesan Education Committees Measure, 1955, be presented to Her Majesty for the Royal Assent. The right reverend Prelate said: My Lords, this Measure appears to be one of some complexity, but I do not think I need detain your Lordships long, as it is largely 1096 a consolidating Measure, and most of the provisions were accepted by this House when the original Diocesan Education Committees Measure came before your Lordships in 1943. That Measure provided for the setting up of a diocesan education committee in every diocese which should have a general oversight of religious education in the diocese and, in particular, should formulate the policy on church schools and assist those who manage the affairs of church schools in their negotiations with the Board of Education and other bodies. The diocese had the choice either of creating a new committee which would have to conform with the constitution set out in the Schedule to the Measure or it could request the Board of Education to make an order designating an existing body as the committee, in which case it did not need to conform to the Schedule.
§ Difficulties arose in practice, however, partly through there being no provision for the modification of the constitution of a committee. An amending Measure was therefore passed in 1951. But it has been found that it did not go quite far enough, and some difficulties still remain. The amending Measure permits the making of an Order substituting a new body for an existing one, but does not permit amending Orders. This is particularly unfortunate where the committee is incorporated, as it means that there has to be a new body and the expense of a fresh incorporation for every alteration of the constitution, however slight. Doubts have also arisen over the exact interpretation of the provisions of the 1951 Measure, and it has been found that orders have been made of uncertain validity. Therefore, it was felt desirable to make the position clear beyond all doubt for the future and also to validate anything that may have been done improperly though in good faith in the past.
§ Rather than prepare a further amending Measure, it was decided to take the opportunity of consolidating the two existing Measures. The only section which is to be left un-repealed is Section 3 of the 1943 Measure, which deals with certain matters relating to war damage, which are only indirectly connected with the constitution of the diocesan education committees. In any case, the section will shortly be spent and could them be cleared up in the course of Statute Law 1097 revision. Except for Clauses 1 and 4, the Measure re-enacts existing provisions, with a few Amendments which are little more than drafting. Clause 1, amongst other matters, permits the Minister to make an amending order, if so requested by the Diocesan Conference with the consent of the Bishop. Clause 3 validates anything that may have been improperly done in the past. This Measure was prepared in close consultation at every stage with the Ministry of Education, as were the other two Measures. It passed through the Assembly without a division or any amendment of substance. 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 Diocesan Education Committees Measure, 1955, be presented to Her Majesty for the Royal Assent.—(The Lord Bishop of Lincoln.)
§ On Question, Motion agreed to, and ordered accordingly.