Channel Islands Measure — House of Lords, 2020-07-15
Topic: Civil Rights
David Urquhart (Bishops, Unknown): My Lords, I shall give some brief historical and current background to the Channel Islands Measure, then outline its content. Until the 16th century, the Channel Islands were part of the Church of France and the diocese of Coutances. In 1496, Henry VII obtained a papal bull transferring the islands to the English diocese of Salisbury, but it seems this was not put into effect. The islands finally became part of the Church of England in 1569, when they were transferred to the diocese of Winchester by Order in Council of Elizabeth I. Since then, the Church of England has been the established Church of the islands. In July 2018, the most reverend Primate the Archbishop of Canterbury appointed a commission, chaired by the noble and right reverend Lord, Lord Chartres, whom I am glad is in your Lordships’ hybrid House today, to consider and report on the relationship between the Channel Islands and the wider Church of England. The appointment of the commission followed a breakdown in the relationship between the Channel Islands and the diocese of Winchester. The origins of that unhappy situation concerned the way in which a safeguarding issue from 2008, involving a vulnerable adult, was dealt with In the midst of a thorough analysis, and following wide-ranging submissions and meetings, the Archbishop’s commission, in paragraph 19, covers an investigation by Dame Heather Steel—the subject of the amendment of the noble Lord, Lord Faulkner. The outcome of that investigation, announced on 23 November 2013, was that no disciplinary action was taken against any member of the islands’ clergy. I understand that was on the basis of legal advice, but the right reverend Prelate the Bishop of Winchester did not, as he originally intended, publish Dame Heather’s review The Archbishop’s commission reported in September 2019, and concluded that while there remained "residual affection for the historic attachment to … Winchester", the difficulties in the relationship between the islands and the diocese were such that the breakdown was "too great for it to be retrieved in the foreseeable future." Having considered various options, the commission came to the conclusion that the islands should be transferred to the diocese of Salisbury. It pointed to several advantages: access is relatively easy, via Southampton Airport or by ferry to Poole; the capacity of the diocese of Salisbury, having two suffragan bishops in addition to the diocesan bishop, is sufficient. There are historical connections, as I have mentioned, between the islands and Salisbury: the attempted connection in 1496, and the fact that the first bishop to visit the islands and carry out confirmations since the Reformation was the then Bishop of Salisbury in 1818. The diocese of Salisbury today shares legal services with the diocese of Winchester and, given the particular legal context of the islands, it is advantageous to retain that relevant knowledge and experience The commission recommended that a Measure should be introduced to enable the transfer from Winchester to Salisbury. The Measure before your Lordships’ House gives effect to the recommendation of the Archbishop’s commission. It also speaks about some other matters relating to the Church of England and the Channel Islands Section 1 is the key provision. It provides that Her Majesty may, by Order in Council, attach the Channel Islands to the diocese of Salisbury instead of the diocese of Winchester, and transfer the right reverend Prelate the Bishop of Winchester’s jurisdiction in relation to the islands to the right reverend Prelate the Bishop of Salisbury. I should add that both right reverend Prelates and dioceses are content with that outcome, as are the Channel Islands. Section 2 makes consequential amendments to existing Church legislation concerned with the Channel Islands, so that references to Winchester become references to Salisbury. On Section 3, as noble Lords will know, Jersey and Guernsey are separate legal jurisdictions. Normally, legislation passed by Parliament, including Church legislation, does not automatically extend to the Channel Islands. However, it is often desirable for United Kingdom statute law to be capable of extension to the Channel Islands with the co-operation with the islands’ own legislative bodies. There are established procedures for extending Acts of Parliament and Church Measures to the islands. In the case of Church Measures, the procedure was originally established in 1931. It is an elaborate and time-consuming procedure and, as a result, there is a backlog of Church legislation that ought to be extended to the islands. Section 3 will enable Church legislation to be extended to the islands much more simply under more straightforward procedures established by their respective legislatures. That should mean that the backlog can be cleared and any future delays can be avoided in extending appropriate Church legislation to the islands Section 4 makes updating amendments so that eligibility for inclusion on the islands’ church electoral rolls is on the same basis as for church electoral rolls in England. Those rolls, which are island-wide rather than parochial, identify the electorate in elections from the islands to the General Synod of the Church of England. The changes being made include reducing the minimum age for enrolment from 17 to 16 and, as in England, members of other Christian Churches who are prepared to declare that they are also members of the Church of England will be able to be enrolled. The last section, Section 5, provides for the commencement of the Measure and its Short Title The Measure was passed with large majorities in all houses of the General Synod, and the Ecclesiastical Committee, some of whose members I am glad are with us this evening, issued a favourable report, which has been laid before the House. I beg to move.