WOMEN IN THE EPISCOPATE

The single most important piece of legislative business considered by the Synod in 2010 was, of course, the draft legislation relating to women in the episcopate. Having been given First Consideration by the Synod in February 2009, the draft legislation was the subject of detailed consideration by a Revision Committee between May 2009 and April 2010. The Revision Committee received 297 submissions, of which 114 were from individual Synod members or groups including Synod members and others. In consequence, it met on 16 occasions and its report ran to 142 pages.

The work of the Revision Committee divided broadly into two stages: first, the consideration of amendments proposing an approach to the arrangements for those conscientiously unable to receive the episcopal and priestly ministry of women which was of a quite different kind from that adopted in the draft Bishops and Priests (Consecration and Ordination of Women) Measure (including a ‘single clause’ Measure (the simplest possible form of legislation), ‘statutory transfer’, a ‘society solution’ or additional dioceses) and, once the various proposals in that respect had been rejected, the consideration of more detailed amendments to the draft legislation in the form in which it had been introduced.

As revised by the Revision Committee at the end of that process the draft Measure:

1. i. requires every diocesan bishop (irrespective of gender) to make a scheme, after consultation with the diocesan synod, containing arrangements for delegating episcopal functions relating to the celebration of the sacraments and other divine service and to pastoral care to a male bishop;

2. ii. entitles the PCC of a parish to issue a ‘Letter of Request’ to the diocesan bishop seeking the ministry of a male bishop under such arrangements, on grounds of theological conviction;

3. iii. entitles the PCC of a parish to issue a ‘Letter of Request during a Vacancy’ asking, on grounds of theological conviction, that only a male priest be appointed as incumbent, or priest in charge, of the parish;

4. iv. requires the House of Bishops to make a Code of Practice, with the approval of the General Synod, giving guidance on a number of matters arising under the Measure;

5. v. requires any person exercising any ‘functions’ within the Church of England to have regard to that Code; and

6. vi. repeals the Priests (Ordination of Women) Measure 1993, subject to transitional provisions.

When the draft legislation returned to the Synod in July 2010 for its Revision Stage (involving its consideration clause by clause) a significant number of amendments were again proposed, including proposals for separate dioceses for those with conscientious difficulties and for the transfer, by operation of law rather than by delegation, of specified episcopal functions to male bishops who had declared that they would not consecrate women as bishops or ordain them as priests. However, debate focused particularly on amendments proposed by the Archbishops of Canterbury and York which would have conferred a ‘co-ordinate’ jurisdiction on the diocesan bishop and a male bishop, the latter exercising his jurisdiction by virtue of the Measure rather than by way of delegation from the diocesan. In the event, the Archbishops' proposals failed to carry, being lost (on a Division by Houses) in the House of Clergy. Almost all the other amendments met the same fate, the most significant of those that carried being one to require a two-thirds majority in each House for the Final Approval of any Measure or Canon which amends or repeals any provision of the Measure or any Canon made under it.

Following the completion of the Revision Stage the draft legislation is now being referred to the dioceses in accordance with Article 8 of the Synod's Constitution. Its further progress thereafter is dependent upon a majority of the diocesan synods approving it. Assuming that requirement is met, the next Synodical stage (that of ‘Final Drafting’) is likely to take place in February 2012, following which the draft legislation would be referred to the House of Bishops under Article 7 of the Constitution (with the possibility of the Convocations or the House of Laity claiming a reference) before it can be returned to the Synod for Final Approval.

OTHER LEGISLATION

As regards other items of legislation, the February group of sessions saw the giving of Final Approval to the Ecclesiastical Fees (Amendment) Measure, which will address two distinct issues. First, it will put in place a new framework for the charging of parochial fees, involving the replacement of the incumbent's fee by a fee payable to the diocesan board of finance, the establishment of a list of services and other matters in respect of which fees may be prescribed (in place of the current definition of ‘parochial fees’), power for the Archbishops' Council to prescribe fees (including increases) for a period of up to five years and the provision of an express power to prescribe what costs and expenses are included within the statutory fees. Secondly, it will reconstitute the Fees Advisory Commission – the body responsible for making the annual orders prescribing the fees payable to ecclesiastical judges and legal officers – so that it is in future comprised of representatives of providers and users of legal services, together with an independent element.

In February the Synod also gave Final Approval to two ‘Consolidation Measures’: the Mission and Pastoral Measure and the Care of Cathedrals Measure. The former consolidates the Pastoral Measure 1983 and part of the Dioceses, Pastoral and Mission Measure 2007, whilst the latter consolidates the provisions in three principal Measures (and two others) relating to the care of cathedrals. Sadly, the subsequent progress of all three Measures was delayed as a result of the dissolution of Parliament in preparation for the General Election and the consequent need to await the reconstitution of the Ecclesiastical Committee before the Measures can proceed to their Parliamentary stages.

Finally, further legislative provision was made during the year with a view to implementing early in 2011 the new terms of service for clergy (‘Common Tenure’) for which provision was made in the Ecclesiastical Offices (Terms of Service) Measure 2009: Amending Canon No 29 (which makes a number of consequential changes to the Canons) was promulged; and under the Ecclesiastical Offices (Terms of Service) Regulations (which set out the detailed terms on which clergy subject to Common Tenure hold office) the Synod approved directions made by the Archbishops' Council prescribing entitlements to maternity and other kinds of leave.