The
Committee consisted of the following
Members:
Bell,
Sir Stuart
(Second Church Estates
Commissioner)
Blackman,
Liz
(Vice-Chamberlain of Her Majesty's
Household)
Blunkett,
Mr. David
(Sheffield, Brightside)
(Lab)
Bottomley,
Peter
(Worthing, West)
(Con)
Breed,
Mr. Colin
(South-East Cornwall)
(LD)
Cox,
Mr. Geoffrey
(Torridge and West Devon)
(Con)
Curry,
Mr. David
(Skipton and Ripon)
(Con)
Davies,
Mr. Quentin
(Grantham and Stamford)
(Lab)
Dorries,
Mrs. Nadine
(Mid-Bedfordshire)
(Con)
Duddridge,
James
(Rochford and Southend, East)
(Con)
Field,
Mr. Frank
(Birkenhead)
(Lab)
Gilroy,
Linda
(Plymouth, Sutton)
(Lab/Co-op)
Hughes,
Simon
(North Southwark and Bermondsey)
(LD)
Jackson,
Glenda
(Hampstead and Highgate)
(Lab)
Kaufman,
Sir Gerald
(Manchester, Gorton)
(Lab)
Keeble,
Ms Sally
(Northampton, North)
(Lab)
Southworth,
Helen
(Warrington, South)
(Lab)
Celia Blacklock, Committee
Clerk
attended the
Committee
Seventh
Delegated Legislation
Committee
Tuesday 13
May
2008
[Robert
Key
in the
Chair]
Church of England Marriage Measure
4.30
pm
The
Second Church Estates Commissioner (Sir Stuart Bell):
I
beg to move,
That the
Committee has considered the Church of England Marriage
Measure.
It is a
pleasure to have you in the Chair, Mr. Key. I am reminded of
the play by Robert Bolt, A Man for All Seasons. Having
sat on the Synod and the Ecclesiastical Committee, you now have the
honour and pleasure of chairing this Committee
today.
With your
permission, Mr. Key, before we begin I want to pay my
respects and homage to Miss Ingrid Slaughter, who is here with us today
and who is the legal adviser to the steering and revision committees on
the Measure. She has attended this Committee and the Ecclesiastical
Committee on quite a few occasions, and she has served the General
Synod with great distinction in the legal department. Sadly, from our
point of view although no doubt not from hers, she is now going to take
her leave and follow other interests in retirement. This will be her
last appearance before our Committee, so I would like to place on
record our grateful thanks and
appreciation.
I also
want to refer to my right hon. Friend the Member for Sheffield,
Brightside
Mr.
David Blunkett (Sheffield, Brightside) (Lab): I am going
to have to move, because I am not your
PPS.
Sir
Stuart Bell:
One can go from the sublime to the
ridiculous, but we have gone from the ridiculous to the sublime. When
my right hon. Friend was Home Secretary, he was a great friend of the
Church, and we fully appreciated all the work that he did on our
behalf, which still resonates to this
day.
The Measure
before the Committee is brief and, essentially, simple. As the short
title indicates, it deals with marriage in the Church of England. As
the Committee might expect, the Church wishes to do all it can to
encourage and support marriage. The Measure will help the Church to
welcome couples who come to it to be married, and avoid giving the
appearance of putting unnecessary obstacles in their way. At the same
time, the Measure will make the process of being married in the Church
of England simpler and more straightforward for a good many couples,
without depriving anyone of their existing
rights.
The basis of
the Measure is that all marriages in the Church of England, like all
marriages in England, are governed by the Marriage Act 1949. As the law
stands, the position is that, with a few exceptions, a couple has a
right to marry in the parish church of the parish where either of them
lives, worships regularly and has
their name on the church electoral roll. However, in todays
increasingly mobile society, it is by no means unusual for a couple to
wish to be married in some other
parish.
To take an
obvious example, the couple might wish to marry in another parish,
where one of them grew up and where their parents are still living. The
problem, which both church and couple have to deal with, is that under
the 1949 Act the couple can only do that if at least one of them
worships there regularlyfor at least six monthsand is
entered on to the church electoral roll, or if the couple is granted a
special marriage licence from the Archbishop of
Canterbury.
In view of
that, the Measure extends the existing rights of a parishioner to marry
in their parish to cover a parish where they already have a clear
connection in one of the ways listed in the Measure. That means that
the person concerned can marry there after the calling of the banns in
the same way as a person living in the parish, without the need to
apply for a special licence. The Synod recognised that it would be
impossible for the Measure to cover every possible situation where a
couple, or one of them, has a special connection with a parish. The
Synod also wished to make the Measure clear and straightforward for
couples and the clergy and therefore decided that it should include a
short and simple list of connections with the parish that would give a
couple that extended right. A great deal of careful thought went into
the list so that it covers the most common cases in which the problems
at present arise and so that it would not normally be difficult for the
person concerned to show, and for the minister to be satisfied, that
one of the relevant connections with the parish
exists.
I
shall run through the list briefly. It covers cases in which the person
who wishes to marry in the parish was baptised or prepared for
confirmation there; or that person or their parent has lived in the
parish, or has habitually attended public worship there, for at least
six months at the time of the marriage or at any time in the past
during that persons lifetime; or that persons parent or
grandparent has married in the
parish.
The Measure
provides for the House of Bishops to issue guidance to the clergy on
what information they should accept as sufficient to show that one of
those connections exists. That guidance will be made public and will
help couples as well as the clergy, as they will know in advance what
information they need to provide in order to marry under the Measure.
If a couple has a genuine connection with a parish that is not one of
the more usual ones and thus is not on the list, the Measure does not
affect the possibility of applying for a special
licence.
4.36
pm
Sitting
suspended for a Division in the House.
4.51
pm
On
resuming
Sir
Stuart Bell:
There is also the possibility of one or both
members of the couple worshipping regularly in a parish for six months
and securing the right to marry in the parish by entering themselves on
the church electoral roll.
As I have said, the Measure is
simple, but it will help to further the cause of supporting and
encouraging marriage, which is sacred to the heart of the Church and to
many hon. Members and their constituents. At the same time, it will
help in a practical way a good many couples to marry in a place with
which one or both of them have a special
connection.
After
careful discussion of the precise terms of the Measure, the Synod was
overwhelmingly behind it, as shown by the fact that it approved the
Measure by a total of 258 votes in favour to only six against. The
Ecclesiastical Committee found no difficulty in agreeing that the
Measure was expedient, and I therefore commend it to the
Committee.
4.52
pm
Peter
Bottomley (Worthing, West) (Con): This is not a party
matter, so I should not be regarded as speaking for the Conservative
party. I agree wholeheartedly with everything that the Second Church
Estates Commissioner has said. If I can pick out one part for special
mention, it is his tribute to Miss Ingrid Slaughter, who was rightly
recognised at the sitting of the Ecclesiastical Committee, which I was
not able to attend. She and those who have worked with her know that
the Ecclesiastical Committee has at times looked as though it has been
a prime supporter of the Church of England and occasionally a supporter
of the Synod, but, for all its ups and downs, I think that everyone who
has ever contributed from the House of Lords or the House of Commons
will acknowledge that she has treated the Committee with diplomacy and
has given forthright and helpful answers to questions. We will miss
her.
The revision
committee spells out in the 225th report of the Ecclesiastical
Committee the various suggestions made during the later stages of the
Measure and the reasons why they were not adopted. That is mainly
because the Measure adds to rights that already exist. Page 6 of the
report spells out the legal principles governing the existing rights of
parishioners. It also spells out the discretion that is available in
respect of applications for the Archbishop of Canterburys
special
licences.
What
the Measure does, which has been found expedient by the Ecclesiastical
Committee, is to add to those rights in the ways specified by the
Second Church Estates Commissioner. I do not think that there is
anything else to add. The House is grateful that the Synod can take
such a Measure through until it comes to consideration by the
Ecclesiastical Committee and then by both Houses, rather than treating
Church Measures
as though they were Bills, which would require a Second Reading,
Committee stage, Report stage and Third Reading. This Measure shows the
merits of the system, and it is not controversial. When we consider
other more controversial Measures, we should remember the courtesy that
Miss Ingrid Slaughter and her colleagues have shown the Ecclesiastical
Committee, and I hope that Members of both Houses will do the same when
we have further hearings.
4.54
pm
Simon
Hughes (North Southwark and Bermondsey) (LD): I join other
hon. Members in thanking Miss Slaughter through you, Mr.
Key. She was well and properly thanked at the Ecclesiastical Committee,
but such matters always go into Committee or downstairs to the Floor of
the House, and she has served those parts of our procedure very well.
She will be missed.
This is a good Measure. It was
clearly well supported in the Ecclesiastical Committee, and it has a
huge amount to commend it, but I just want to make one obvious point.
There was a controversy about whether the Measure would result in the
beautiful churches, or the churches with status, receiving all sorts of
requests for weddings, to the detriment of the less exciting
churchesthe workhorses of the Church, which do their business
day in, day out. There might be a bit of a drift in that direction, but
the more important and valuable consideration is that if this Measure
is passedI hope that it will be, and my hon. Friend the Member
for South-East Cornwall and I support it, although, again, not on a
party basisit will be possible to link couples better with
places that mean something to them and their families. In an age when
we bemoan the loss of community, the consequences of greater
globalisation and the greater difficulty that people have in
maintaining roots back to the places that they come from, that would
seem to be an advantage. More people will be likely to get married in
churches, because they will be able to marry in those that they think
are important and valuable. The option of going off and being married
on a beach or a hotel might therefore be less appealing. That will be a
good thing for the Church, for couples and for their families, who will
feel more involved in the process. I therefore support the
Measure.
Question
put and agreed to.
Resolved,
That the Committee has
considered the Church of England Marriage
Measure.
Committee
rose at
three minutes to Five
oclock.