HL Deb 26 July 1976 vol 373 cc1077-80

4.55 p.m.

The Lord Bishop of LONDON rose to move, That this House do direct that, in accordance with the Church of England Assembly (Powers) Act 1919, the Church of England (Miscellaneous Provisions) Measure be presented to Her Majesty for the Royal Assent. The right reverend Prelate said: My Lords, I now have to ask your Lordships to give an Affirmative Resolution to the Church of England (Miscelleneous Provisions) Measure—a very different kettle of fish from that which we have been examining during the last two hours. This is an omnibus Measure because, as we are very well aware in the General Synod, it is very irritating for your Lordships' House to have a stream of very small Measures dealing with unimportant points. Therefore, we have kept them and put them all together in this one Measure. I do not think that any of the points is controversial, and I hope that your Lordships will not think so.

The first clause gives legal power to dispense with certain legal statements that have to be made, either when a man is about to be ordained or at the time when he is instituted. Thus, for instance, one of the things that is required is what is known as Si Quis, which is a document which has to be read in the parish of the man who is being ordained in order to discover whether there is anybody there who knows of any impediment against his ordination. Nowadays, when we have such very careful training and selection of men for the ordained ministry, when it is known who they are and when they have been through the mill of examination, it is really no longer necessary that that document should be solemnly read.

Again, there is another very mysterious declaration which a clergyman has to make before he can be licensed or instituted, which is called the declaration against simony. It is an exceedingly complicated legal document, and, in fact, is so unintelligible that most bishops require that it should be said in the presence of the churchwardens in the vestry before the service, because it really does not conduce to a worshipful atmosphere within church. I believe that it was originally required to prevent clergymen buying themselves into a particular post, or otherwise to prevent a father from buying a rich advowson when his son was born and putting someone in on the clear understanding that in 23 years or more he would resign, and then putting his son in, where he would enjoy for the rest of his life the emoluments of the benefice. I know of no other employment (though there may be one) in which the person who is about to be appointed has to make a solemn statement that he has not got the job by any underhand or improper means; and it seems to be rather strange that a clergyman, whom one would expect to have reasonable standards of behaviour, should be required to make this solemn statement.

Clause 2 clears away a doubtful point as to whether a bishop is legally entitled to license a clergyman for a limited period as for an unlimited period. There are some posts to which he might want to ask a clergyman to go for a limited period of time, and all that this clause does is to give the bishop power to set a term to the licence.

The third clause extends the area in which a bishop can delegate his authority when he is ill or when he is absent from his diocese. There are certain occasions when it is valuable that he should be able to give what we might call a power of attorney to somebody else, but there are certain things which a diocesan bishop alone can do, and this extends the power whereby be can delegate his authority. Moreover, if the Archbishop cannot act then this clause gives the senior bishop of the province power to appoint a person as a deputy to a diocesan bishop—and, as I am the senior in the Province of Canterbury, I can assure your Lordships that I have no personal interest in this particular clause.

Clause 4 removes the legal obligation which some cathedral statutes lay upon the bishop to conduct a formal visitation of his cathedral from time to time. Some statutes do not lay any sort of obligation of this kind; others say that the bishop "shall" conduct a visitation of his cathedral, say, every three years. I believe that my right reverend friend the Bishop of Rochester is under one of these obligations. A formal visitation of a cathedral is a very complicated and sometimes very expensive operation. It may be necessary from time to time, but it is undesirable, in our view, that the bishop should have to conduct a visitation of his cathedral at stated intervals.

Clause 5 makes it possible where there is a vacancy, to allow the remuneration of lay workers as well as clerks in Holy Orders. I am sorry that the noble Lord, Lord Inglewood, is not here to hear that clause which is in favour, and to the advantage, of lay people. Clause 6 extends the right of burial in a churchyard not only to parishioners who are resident in the parish but also to parishioners who are there by virtue of being on the electoral roll. It sometimes happens that a person does not live in the parish but takes a full part in the life of the parish, and that his name is on the electoral role; and when he dies, his family would like him to be buried in the churchyard of the parish which he has served most of his life. This clause makes that legally possible. It also clears up some doubt as to who has the authority to allow other people who are not parishioners to be buried in the churchyard. The minister has to take general regard to the opinion of his parochial church council in giving a decision.

Finally, my Lords, we come to the Burnley Rectory Act of 1890 which ties the suffragan see of Burnley in the diocese of Blackburn to the parish of Burnley. If the Bishop of Blackburn wishes to have a suffragan bishop, one of his being the Bishop of Burnley, then he must also be the rector of Burnley. In these days the demands made on suffragan bishops are such that it is difficult for a suffragan bishop to have as well the charge of a big and important parish; so that this clause separates the rector of Burnley from the office of suffragan bishop. These are the matters contained in this miscellaneous provisions Measure, and I hope that they will meet with your Lordships' approval.

Moved, That this House do direct that, in accordance with the Church of England Assembly (Powers) Act 1919, the Church of England (Miscellaneous Provisions) Measure be presented to Her Majesty for the Royal Assent.—(The Lord Bishop of London.]

On Question, Motion agreed to.