Memorandum by the Ecclesiastical Judges
Association
1. The members of the Ecclesiastical Judges
Association (the EJA) are all the diocesan chancellors in the
Church of England (at present numbering 30) and the Dean of the
Arches and Auditor. A diocesan chancellor is the judge in the
consistory court (the bishop's court.) and hears only ecclesiastical
cases. The Dean of the Arches presides in the Court of Arches
in the Province of Canterbury, and in the Court of Chancery in
the Province of York hearing appeals from the consistory courts.
2. APPOINTMENT
OF DIOCESAN
CHANCELLORS: CONSULTATION
WITH THE
LORD CHANCELLOR
The bishops of the Church of England appoint
their diocesan chancellors by letters patent. Before making an
appointment a bishop is required to consult (a) the Lord Chancellor[63]
and (b) the Dean of the Arches and Auditor. This is to ensure
that the candidate has satisfactory credentials to hold the office
of an ecclesiastical judge both in respect of his/her reputation
as a practising lawyer, or as a judge or Recorder, in the secular
courts (a matter within the Lord Chancellor's expertise assisted
by his staff), and in the view of the senior ecclesiastical judge.
3. In responding to two of the Government's
papers on Constitutional Reform[64]
the EJA expressed the view that the responsibility of the Lord
Chancellor as consultee in relation to the appointment of a diocesan
chancellor should be passed to the Secretary of State for Constitutional
Affairs (the Secretary of State). The EJA pointed out that as
the appointing power lies within the hands of the bishops, and
not a Minister of State, it would be inappropriate to pass the
Lord Chancellor's role to any new Judicial Appointments Commission.
4. By letter, dated 3 March 2004. the EJA
was informed that the Government accepted the above points, which
were made by others as well as the EJA, that the Government's
intention is that the Lord Chancellor's responsibilities in relation
to "various ecclesiastical appointments will be transferred
to the Secretary of State".
5. The EJA has not seen any clause to this
effect and assumes that it will be a Government amendment. The
EJA seeks assurance that a clause transferring the Lord Chancellor's
responsibility, as consultee in respect of diocesan chancellors,
to the Secretary of State is indeed included in the Bill in this
House.
6. This submission represents the views
of the Dean of the Arches and Auditor and of each individual diocesan
chancellor.
21 April 2004
63 Section 2 of Ecclesiastical Jurisdiction Measures
1963, as amended by Care of Churches and Ecclesiastical Jurisdiction
Measure 1991 Schedule 4 paragraph 2. Back
64
Reforming the office of Lord Chancellor CP 13/03 and a new way
of appointing Judges CP 10/03. Back
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