WOMEN IN THE EPISCOPATE
The report on the Synod's proceedings published in the January 2013 issue of this Journal reported the defeat – by a narrow majority – at the November 2012 group of sessions of the motion for the final approval of the draft measure intended to allow the consecration of women to the episcopate. As is well known, the Synod's decision was received with shock and dismay by many – both inside and outside the Church of England. But a response came quickly. In December the House of Bishops committed itself to bringing the elements of a new legislative package to the Synod in July 2013 and to that end established a working group, drawn from all three Houses.
The working group issued a consultation document in February 2013, following ‘facilitated conversations’ with people drawn from a wide range of viewpoints. In May the working group reported to the House, in the light of the outcome of that consultation and further facilitated conversations. Its report offered a ‘shared vision’ for the way forward for the Church of England in relation to the issue of women's ordained ministry, proposed that any new legislation should embrace the three guiding principles of ‘simplicity, reciprocity and mutuality’ and set out four options for the different kinds of legislative and non-legislative provision that might be made for those unable on theological grounds to receive the ordained ministry of women.
The House made the working group's report available to the Synod in July, together with a short report of its own assessment of the options. It endorsed the shared vision proposed by the working group and, from the options it had proposed, endorsed as its preferred approach ‘option one’ – which involved the repeal of the 1993 legislation and the Episcopal Ministry Act of Synod 1993 in their entirety, alongside a new declaration made by the House, or an Act of Synod, making arrangements for those unable to accept women's ordained ministry. Those arrangements would not have the force of law; but they would include expectations that, where a parish signalled that it wished to take advantage of the arrangements, its needs would be reflected both in relation to episcopal ministry (through the provision of suitable pastoral and sacramental care) and in relation to priestly ministry (including in the decisions of diocesan bishops and patrons in relation to appointments).
A motion was accordingly moved on behalf of the House at the Synod's July group of sessions calling for draft legislation giving effect to ‘option one’ to be given first consideration at the November group of sessions and for the House of Bishops to bring a draft Act of Synod or declaration to the February 2014 group of sessions. Thus, at the time of writing, we await the beginning of that new legislative process mandated by the Synod.
OTHER LEGISLATION
Whereas the legislative agenda of the November 2012 group of sessions was focused entirely on women in the episcopate, the business of the July 2013 group of sessions included a substantial amount of additional legislation. As regards primary legislation, the Synod completed the revision stage for the draft Church of England (Miscellaneous Provisions) Measure and the associated draft Amending Canon No 31 – both of which make a variety of uncontentious changes to ecclesiastical law. Already dealing with a wide range of matters when introduced, the Measure had been further lengthened in the course of the revision committee stage, so that it now represents the longest and most substantial measure of this kind ever passed by the General Synod.
Additionally, the July group of sessions dealt with a substantial amount of secondary legislation. Perhaps the most significant, from several points of view, was the diocesan reorganisation scheme – the first made by the newly constituted Dioceses Commission under the Dioceses, Pastoral and Mission Measure 2007 – providing for the dissolution of the three existing diocesan bishoprics and dioceses of Bradford, Ripon and Leeds and Wakefield and the creation of the new diocesan bishopric and diocese of Leeds. The scheme not having received the consent of the diocesan synods of one of the affected dioceses, it was only laid before the Synod following the decision by the Archbishop of York that there were ‘wider considerations affecting the province or the Church of England as a whole’ which required that. In the event, the Synod approved the scheme (which will come into force at Easter 2014) by an overwhelming majority – thus demonstrating the Church's ability, and willingness, to undertake diocesan reorganisation where the circumstances require it.
A further significant item of secondary legislation approved in July was the Faculty Jurisdiction Rules 2013. An aspect of a wider ‘simplification’ agenda being promoted by the Archbishops' Council, with a view to reducing the time spent by clergy and church members on the management of structures and processes, the new Rules give effect to parts of a package of recommendations made by a working group chaired by the Chair of the Church Buildings Council on ways in which the faculty system might be reformed. They also update and simplify the current Rules (which were made in 2000) in various respects, not least with the aim of making them easier to understand and use. The other elements of the package involve a Measure, which is intended to be introduced to the Synod in November 2013, and administrative changes.Footnote 1
Other pieces of secondary legislation on the Synod's agenda in July were consequential upon recent pieces of primary legislation. Thus, following the coming into force of the Clergy Discipline (Amendment) Measure 2013, the Synod approved changes to the two sets of procedural rules and the Code of Practice made under the Clergy Discipline Measure 2003, to give effect to changes introduced by the 2013 Measure and other matters. Similarly, the Synod approved a draft scheme amending the constitution of the Diocese in Europe to reflect the effect of the Diocese in Europe Measure 2013 (also given final approval in the previous July).
The remaining items of legislation considered by the Synod in July related to its own composition, in the form of Amending Canon No 32 and three other instruments, all giving effect to changes recommended by the Business Committee's Elections Review Group. Though they successfully completed their First Consideration Stage, one of the proposals to which they will give effect – that of the abolition of the four special constituencies for university clergy – came in for considerable criticism and may therefore be diluted in the course of the revision process.
Finally, although the initiative for the introduction of legislation lies generally with the Archbishops' Council, the Synod can itself take the lead. Thus in November 2012 it passed a motion moved on behalf of the Diocese of Southwell and Nottingham calling for the amendment of Canon B 12 and the regulations made under it so as to allow Holy Communion to be distributed by children if the parish supports that.
