Draft House of Lords Reform Bill - Joint Committee on the Draft House of Lords Reform Bill Contents



THEOS—WRITTEN EVIDENCE

1.  Introduction

a)  Theos is a Christian think tank which carries out research into the role and place of religion in society. Though we have worked with a number of churches and other faith groups, we are not aligned with or funded by any particular denomination. We do not represent the views of any faith institution.

b)  We operate on the principle that religious voices should be given a fair hearing in the public square, for reasons set out below. Our key piece of work on the issue of 'religious representation' in the House of Lords (Coming off the Bench: The Past Present and Future of the Religious Representation in the House of Lords, 2007) endorses the Wakeham Commission's recommendation of a reduction in the number of bishops in a reformed second chamber and the addition a broader religious element that reflects the increased religious diversity of the United Kingdom.

c)  This submission outlines how that recommendation might be explored in the context of the Draft Bill.

2.  The principle of religious representation

a)  We recognise that some groups argue that there is no positive case for a religious presence in a reformed chamber. Against this argument we observe that:

i)  The religious demography of the nation is increasingly complicated, but it is still the case that a significant part of the population not only identifies with a religious tradition, but practices a faith. The British Social Attitude Survey reports that 21 per cent of the population attends religious services or meetings once a month or more, and 49 per cent claim a religious affiliation. These figures equate to approximately 32 million and 14 million people respectively. In comparison, the Labour Force Survey suggests that 26.6 per cent of the labour force is in union membership (6.5 million), and it is estimated that well under five hundred thousand people are members of political parties.

ii)  There is strong evidence to suggest that religious affiliation correlates with high levels of social capital. Research into the UK Citizenship Survey and the European Values Survey data sets shows that religious people in the UK are more likely to volunteer regularly in their local community; to feel a greater sense of belonging to their local community and Britain; to have higher levels of trust in other people and social institutions; and to feel that they can influence decisions locally and nationally.

iii)  The House of Lords often debates issues of deep moral import. Given the long history and broad extent of religious traditions within Britain, it is important that they are present and visible as participants in such contentious debates.

iv)  It is often argued that the presence of the Church of England bishops is anachronistic and that any religious presence at all would be internationally anomalous. The relationship between religion and state in every country round the world, including those in apparently secularised Western Europe, is complex, intertwined and the result of years (centuries) of history particular to that nation. In Western Europe alone, there are instances of multiple established churches (e.g., Finland), of states collecting church taxes and paying clergy (e.g., Denmark and Iceland), along with various other arrangements (Norway, Greece, Switzerland). It is simply wrong to say that the UK position is somehow aberrant. We should not seek to imitate some theoretical, abstract, model of alleged church-state neutrality, but rather to work within the boundaries of the traditions and existing social conditions that are particular to the UK.

3.  The existing arrangements

a)  The factors outlined above do not mean that there should necessarily be religious voices—whether Church of England bishops or otherwise—as of right in any reformed second chamber. However, to provide space for such voices is entirely within the logic and the spirit of the Draft Bill as it stands. It would also align with public support for a second chamber which includes independence, expertise and the ongoing presence of figures who would not ordinarily seek election.

b)  The bishops currently provide a service to the House which is deep but narrow. On the one hand, they bring a degree of 'connectedness': through an early ministry in parish life, the life of their diocese/region, the broader life of the worldwide Anglican Communion, and through working closely with civil society organisations, locally and nationally. On the other hand, and while there is evidence of increased activity, most participate in the House infrequently. Quite legitimately, their proper focus is their pastoral ministry in their own community. Members of the Committee will know that this means that the Lords Spiritual do not and could not act as a 'religious party' in the House. They do not tend to vote in numbers, and when they do they are often found in different lobbies. They have only affected the outcome of divisions in very rare cases.

c)  On this point, it seems to be that a majority of the work in the House of Lords is done by less than half of the bishops. The Church of England's work in Parliament would not, therefore, unduly suffer if their numbers were reduced to 12. It may be that they could fulfil a similar level of activity with an even smaller number, provided that the remaining bishops were given the appropriate level of support in their Diocese. We acknowledge, however, that there are practical considerations which must be borne in mind (for instance, daily prayers and the passage of Church of England legislation). Similarly, their number should not be so small as to force them into acting simply as bishops to the House of Lords: it is advantageous that they retain strong diocesan links and carry out work beyond Parliament.

d)  Public opinion polls—specifically the 2010 ICM poll for the Joseph Rowntree Reform Trust—have been cited in support of the removal of the bishops from the House. We note that other polls have shown public views to be fairly evenly split on the issue (e.g., a 2007 ComRes poll for the BBC). Here, in the event that the episcopal presence was to be maintained, 65 per cent thought that the entitlement to sit in the upper chamber should also be extended to non-Anglican religious leaders.

4.  A broader religious presence

a)  The bishops of the Church of England are unusually, but not uniquely, well placed to serve in a House that offers independence and expertise. Leading religious figures (e.g., Lord Sacks and Lord Singh) are offered seats in the House of Lords under the ordinary criteria of the Lords Appointments Commission (though all parties in the appointments process could be encouraged to be more proactive when it comes to similar candidates).

b)  The existing arrangements are ecclesiologically and theologically appropriate to the Church of England, since its place is founded both on the historical and symbolic link between church and state, and on the substantive contribution that the bishops have been able to make over time. These arrangements clearly do not pertain to other religious traditions. Not only do they have different internal structures but also different understandings of the proper relationship between church and state. Roman Catholic Canon law prohibitions on clerics taking up positions in legislative assemblies are a case in point.

c)  Therefore, the question of what mechanism could be deployed in order the select broader religious representation is clearly a vexed one. It is our view, however, that this is a practical difficultly, rather than one that in principle should prevent a broader religious presence in the House.

i)  In the first instance, it is probably misguided and unnecessary to approach this on a principle of seeking to create a socially reflective religious presence in the House of Lords.

ii)  It seems wise to adopt a more flexible approach in which the Appointments Commission takes the lead. It would rarely be appropriate to have religious appointees who, like the bishops, would take their seat qua a senior clerical position, though some non-Anglican Christian denominations might more naturally produce figures of internal authority. Nevertheless, the existing approach of the Appointments Commission—which in many ways could be described as acknowledging the way in which some religious figures command broad public respect over time—could be formally acknowledged and strengthened.

iii)  Beyond this, we see several ways in which the Bill could be shaped. One way forward would be to approach each five- yearly round of appointments with an explicit intention to see religious traditions represented in the wider appointed portion of the House, separately from the 12 (or potentially fewer) positions for the Church of England Bishops. Another would be to reduce the number of bishops still further (perhaps to 8, including London, Canterbury and York for the sake of the symbolic connection with a further 5 selected from the wider pool) and to have the remaining supernumerary 'Lords Spiritual' positions filled by the Appointments Commission with a mix of individuals from non-Anglican Christian communities, and then prominent lay figures from religious minorities.

5.   Concluding points

a)  The Draft Bill and White Paper suggests that the 12 bishops should be selected by the Church of England, but without specifying a mechanism. We recommend that the Committee should give further consideration to this issue. Transparency of process is clearly an important test for any remaining appointed element.

b)  The Establishment of the Church of England is an important background concern. Clearly, the presence of the bishops in the House of Lords is not a necessary condition of Establishment. However, it is clearly part of the 'ecology' of Establishment. There is no groundswell of opinion amongst religious minorities for an undoing or substantial renegotiation of this relationship. Indeed, anecdotal evidence strongly suggests that religious minorities in the UK are particularly keen on the visible presence of religious figures qua religious figures in the House of Lords, and this is key to remember in the attempt to create a fair, responsive and representative second chamber.

24 November 2011




 
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