Friday, 20 June 2014

Women in the Episcopate Legislation

Updated Friday night A notice paper has been issued with an important correction to paragraph 21 below. Two-thirds majorities in all three houses are needed for the Amending Canon (and not simple majorities as originally stated). The original version of paragraph 21 is struck through below and followed by the corrected version.

The Women in the Episcopate Legislation will return to General Synod for final approval next month. This extract from the Report of the Business Committee (GS 1949) explains the procedure.

Women in the Episcopate Legislation

16. The Women in the Episcopate legislative process will be taken in several tranches throughout the Group of Sessions. On Friday afternoon [11 July] there will be a ‘take note’ debate on the report by the Business Committee on the Article 8 reference to the dioceses.

17. If the Synod approves the ‘take note’ motion, then the Final Drafting Stage will be taken immediately afterwards on Friday afternoon on the basis of a report from the Steering Committee. The Steering Committee’s report, which identifies its proposed amendments, will be the subject of a ‘take note’ debate.

18. If the ‘take note’ motion on the Steering Committee’s report is carried at the Final Drafting Stage, then the draft Measure and Amending Canon will stand referred to the House of Bishops under Article 7 of the Synod’s constitution, together with the draft Act of Synod (which stood referred to the House following its Preliminary Consideration by the Synod in February). It is intended that the House should meet to deal with the reference at a special meeting on the morning of Saturday 12 July. If the House of Bishops approves the draft Measure and Amending Canon and draft Act of Synod, they can return to the Synod for Final Approval Stage.

19. Prior to the Final Approval stage, the Convocations and the House of Laity may claim a reference under Article 7 of the Synod’s Constitution. Therefore the Business Committee has made provision on Sunday 13 July from 2.30 until 3.50 pm for the Convocations and the House of Laity debate the draft legislation if they have claimed a reference. Alternative Business is provided in the event that no Article 7 Reference is claimed.

20. In order to allow for these possible stages of the legislative process, the Business Committee has scheduled the Final Approval Stage for the morning of Monday 14 July. As this is Article 7 and Article 8 business, the Chair for the debate will be one of the Presidents. He is required to declare on behalf of the Presidents, the Prolocutors and the Chair and Vice Chair of the House of Laity that the requirements of Articles 7 and 8 of the Constitution have been complied with.

21. Following the declaration by one of the Presidents, the Synod will proceed to the Final Approval Stage, which involves a separate motion for each item of business. A two-thirds majority in each House of the Synod is required for the Final Approval of the draft Measure. The Final Approval of the draft Amending Canon and the draft Act of Synod require no special majority but in practice the motions for their Final Approval would not be moved if the Measure itself had not been approved with the requisite majority.

21. Following the declaration by one of the Presidents, the Synod will proceed to the Final Approval Stage, which involves a separate motion for each item of business. A two-thirds majority in each House of the Synod is required for the Final Approval of both the draft Measure and the draft Amending Canon. The Final Approval of the draft Act of Synod requires no special majority. In practice the motions for the Final Approval of the draft Amending Canon and the draft Act of Synod would not be moved if the Measure itself had not been approved with the requisite majority.

22. If the Synod gives Final Approval for the draft Amending Canon, the Synod will also be asked to approve a petition for Her Majesty’s Royal Assent and Licence to promulge and execute the Amending Canon and formally affirm and proclaim the Act of Synod (though it will not come into force until, following the receipt of the Royal Assent and Licence, the Canon is promulged). Only a simple majority is required for its approval.

Canons can only be promulged at a meeting of General Synod. If the Measure receives final approval in July it has to go the Ecclesiastical Committee of Parliament and then to each of the two Houses of Parliament before it can receive the Royal Assent. The Queen then has to give her Assent and Licence to the Amending Canon. Whether this can be completed before the next available date for a meeting of General Synod (17 November 2014) is a matter for Parliament and the Palace.

At the same meeting as Synod promulges the Amending Canon it will be asked to approve “Regulations prescribing a procedure for the resolution of disputes arising from the arrangements for which the House of Bishops’ declaration on the Ministry of Bishops and Priests makes provision.” At that point it will become possible for a woman to be consecrated as a bishop in the Church of England.

These are the relevant papers for July.

GS 1925-6Z Draft Measure and Draft Amending Canon for Final Drafting [Friday]
GS 1925B Draft Bishops and Priests (Consecration and Ordination of Women) Measure [Friday/Monday]
GS 1926B Draft Amending Canon No 33 [Friday/Monday]
GS 1926C Draft Petition for Her Majesty’s Royal Assent and Licence [Monday]
GS 1934A Draft Act of Synod Rescinding the Episcopal Ministry Act of Synod 1993 [Monday]

GS Misc 1076 Women in the Episcopate - Declaration from the House of Bishops
GS Misc 1077 Women in the Episcopate - Guidance notes from the House of Bishops

GENERAL SYNOD

JULY GROUP OF SESSIONS 2014

FIFTH NOTICE PAPER

CORRIGENDUM

ITEM 504
REPORT OF THE BUSINESS COMMITTEE (GS 1949)
(MOTION FOR THE FINAL APPROVAL OF AMENDING CANON NO. 33)

Paragraph 21 of this Report should read:

“Following the declaration by one of the Presidents, the Synod will proceed to the Final Approval Stage, which involves a separate motion for each item of business. A two-thirds majority in each House of the Synod is required for the Final Approval of both the draft Measure and the draft Amending Canon. The Final Approval of the draft Act of Synod requires no special majority. In practice the motions for the Final Approval of the draft Amending Canon and the draft Act of Synod would not be moved if the Measure itself had not been approved with the requisite majority.”

The requirement for a special majority in the case of Amending Canon No. 33 arises from the fact that section 11 of the Priests (Ordination of Women) Measure 1993 requires a two-thirds majority of those present and voting in each House for the Final Approval of any Canon which repeals any provision of any Canon promulged under section 1 of the 1993 Measure: that provision will be engaged by Amending Canon No. 33 since paragraph 3 of the Canon will ‘revoke’ (ie repeal) Canon C 4B (which was promulged under section 1 of the 1993 Measure).

I apologise to members of the Synod that the text of the Business Committee’s Report was incorrect in this important respect.

WILLIAM FITTALL
Secretary General

Posted by Peter Owen on Friday, 20 June 2014 at 3:34pm BST | TrackBack
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Categorised as: Church of England | General Synod
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