MEASURES
7.215 A Measure passed by the General Synod of
the Church of England is, under the provisions of the Church of
England Assembly (Powers) Act 1919, as amended by the Synodical
Government Measure 1969, submitted to Parliament for a resolution
directing that it be presented to Her Majesty for Royal Assent.
7.216 The Measure is submitted first to the Ecclesiastical
Committee, which is appointed pursuant to the 1919 Act for the
duration of a Parliament and which consists of 15 members of the
House of Lords, nominated by the Lord Speaker, and 15 Members
of the House of Commons, nominated by the Commons Speaker. The
committee appoints its own chairman; by practice, this is a Lord
of Appeal. Being a statutory committee the committee is not formally
a joint committee, nor are its proceedings "proceedings in
Parliament"[320];
but it has resolved to adopt the procedure of a joint committee.
7.217 The committee reports on the nature and
legal effect of the Measure, and gives its views on whether the
Measure should proceed ("is expedient"), especially
with relation to the constitutional rights of all Her Majesty's
subjects. During its consideration of a Measure the Ecclesiastical
Committee may, either of its own motion or at the request of the
Legislative Committee of the General Synod, invite the Legislative
Committee to discuss its provisions at a conference.
7.218 The committee communicates its report in
draft to the Legislative Committee, and may not present its report
to Parliament until the Legislative Committee asks it to do so.
The Legislative Committee may, at any time before the presentation
of the Ecclesiastical Committee's report to Parliament, withdraw
a Measure from the consideration of that committee, and has invariably
done so in the face of an unfavourable draft report.
7.219 If the Legislative Committee decides to
proceed with the Measure, the text of the Measure and the report
of the Ecclesiastical Committee are laid before Parliament. If
the Chairman of Committees and the Chairman of Ways and Means
in the Commons think that a Measure deals with two or more subjects
which might more properly be divided, they can divide a Measure
at this point and it is printed as separate Measures. A resolution
for presenting the Measure to Her Majesty for Royal Assent may
then be moved. Where a Measure affects the interests or prerogative
of the Crown, Consent is required as for a bill. It is signified
before the motion is moved in the House. If both Houses agree
to such a motion, the Measure is ready for Royal Assent.
7.220 Neither the Ecclesiastical Committee nor
either House has power to amend a Measure, but either House can
reject it by disagreeing to the motion for a resolution.
320 See paragraph 12.03. Back
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