The Ecclesiastical Committee

1. The Ecclesiastical Committee (‘the Committee) exits under the Church of England Assembly (Powers) Act 1920 (often referred to as the Enabling Act).
2. It 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 Speaker of the House of Commons. (section 2)
3. When a Measure is given final approval by the General Synod it is submitted to the Committee by the Legislative Committee of Synod, together with comments and explanations. (section 3 (1))
4. The Committee considers the matter at a meeting and usually hears evidence from witnesses (Synod members and staff).
5. The Committee must produce a report on the Measure for Parliament ‘stating the nature and legal effect of the measure and its views as to the expediency thereof, especially with relation to the constitutional rights of all His Majesty’s subjects’ (section 3 (3)).
6. The report and the text of the Measure are laid before Parliament. If a resolution is passed by each House that the Measure be passed to His Majesty then, on the Royal Assent being given, the Measure shall have the force and effect of an Act of Parliament (section 4).
7. It should be noted that Parliament may not amend the Measure but simply approve (or reject) the motion that it be passed to His Majesty.
8. If the Committee is unhappy with a Measure or some of its provisions it may hold a conference with the Legislative Committee of Synod and the offending sections may be withdrawn by Synod. This last happened when the Committee was considering the Measure which eventually became the Churchwardens Measure 2001. As initially drafted it contained a power for a diocesan bishop to suspend a churchwarden in certain circumstances but without any proper process. Having regard to the constitutional rights of all Her Majesty’s subjects the Ecclesiastical Committee would have found that clause inexpedient so it was removed from the Measure by Synod. 
9. Measures which are currently (or shortly will be) going through the legislative procedures of Synod include the Clergy Conduct Measure (dealing with complaints against clergy), the Abuse Measure (dealing with redress for victims of abuse by the Church), the National Governance Measure (dealing with the re-organisation of the central church structures – the Archbishops’ Council and Church Commissioners, including financial structures affecting the funding of parishes) and the Mission and Pastoral Measure (dealing with how parishes can be amalgamated, abolished or reconfigured into new units, how churches may be closed, and how parishioners may object and appeal against such decisions). These matters are not just technical matters for the Church of England, but have the capacity to radically affect or destroy the whole parochial system and the rights of parishioners. All will come before the Committee in due course. During this Parliament the Church of England could be radically altered from what it has been for the last 450 years.
10. Although constitutionally the Committee only has the powers and duties set out in the Enabling Act it has, over the last few years under the chairmanship of Baroness Butler-Sloss, taken on a more pro-active role. It has asked for meetings with the Secretary General and others and has asked to see proposals before they reach the stage of a Measure for consideration under the Act. It is better for the Parliament, Synod and the Church if potential difficulties are identified before formal proceedings under the Act.  

14^th September 2024
The Revd Paul J Benfield
Synodal Secretary of the Convocation of York
Member of the Legislative Committee of General Synod
Proctor in Convocation for the Diocese of Blackburn.