Asylum decision-making and conversion to Christianity

In a radio interview on 21 March 2024, the Archbishop of Canterbury is reported to have said, “In the last 10 years there had been only 15 baptisms in Mr Firth’s parish of people who may have been asylum seekers,” adding, “If that’s industrial-scale, we have got a small idea of industrial production.”

Unlawful actions result in consistory hearing

The judgment of Humphreys Ch in Re Holy Trinity Wordsley [2024] ECC Wor 1 commenced:

“[1] This judgment is unusual in that it follows a full, in person, consistory court hearing for an unopposed petition. I took the step of directing such a hearing due to the petition including applications for multiple confirmatory faculties due to the following unlawful actions taking place:

a. The destruction without a faculty of a wooden pulpit directed to be retained under a previous faculty;

b. The introduction into the church of a new moveable font, without a faculty;

c. The cutting down of a mature tree and replacing it with a stone or concrete plinth without either List B permission or a faculty; and

d. The moving outside of a Victorian font without a faculty, subsequently restored to its original location pursuant to a direction by the Archdeacon.

[2]. It was therefore necessary both to determine why such unlawful actions have taken place and to subject both the confirmatory and prospective faculties applied for to a higher than usual level of scrutiny.”

After explaining the rationale behind the proceedings, the scrutiny undertaken and the importance of the involvement of the amenity societies, Humphreys Ch warned:

“[7]. In all cases then, the proper procedures should be followed, and petitioners can expect to face full consistory court hearings where unlawful behaviour is serious or persistent.”

A case note is in preparation.

Consultation on the Future of Church Safeguarding Report

As we noted on Friday, all those with an interest in safeguarding in the Church of England are invited to complete an online survey and offer their reactions to the recommendations made in the Jay (Future of Church Safeguarding) Report.

The purpose of the survey is to gather reactions to the Report’s recommendations, which will inform the Wilkinson/Jay Response Group. Respondents will be asked to draw attention to any strengths and limitations of the recommendations and whether they think that they will make the Church safer.

Easter in the Commons

On Thursday, there was a debate in Westminster Hall entitled Easter and Christian Culture.

The Bishop in Tynwald

This week, the results were announced after the online public consultation on the Isle of Man Constitution Bill 2023, a private Member’s bill promoted by Lawrie Cooper MHK which would remove the Bishop of Sodor and Man’s right to vote (though not to sit) in the Legislative Council and Tynwald Court. There were 2,934 responses: 51 per cent were in favour of removing the Bishop’s vote and 49 per cent in favour of retaining it.

It should be noted that in 2021 there were 64,744 people registered to vote in the Isle of Man, so assuming that the Manx electorate is reasonably stable, 2,934 responses represent just over 4.5 per cent of registered voters.

Professor Norman Doe KC (hon)

Our old friend, teacher and mentor Norman Doe was appointed KC (honoris causa) on 18 March at a ceremony in Westminster Hall. You can read the Lord Chancellor’s speech here.

Church and State: GE Street

This year, the Victorian Society is marking the bicentenary year of George Edmund Street (1824-1881) from March to November with a series of Walks, Talks, a Symposium, and a Gala Dinner. Whilst better known for his design of the Royal Courts of Justice on The Strand in London, he was principally an architect of churches and parochial buildings. He was appointed Diocesan Architect of the Diocese of Oxford in 1850 and subsequently held that position in the dioceses of Ripon, Winchester and York. It is unsurprising that there is frequent reference to his works in present-day consistory court judgments. 

Quick links

• Cloisters Chambers: Discrimination, belief and the “fundamental party rights”: the judgment in Ali v Green Party of England and Wales (i.e. Ali v Reason and Nott): on the power of a political party to dismiss a spokesman for expressing beliefs that were inconsistent with Party policy.
• Madeleine Davis, Church Times: No churchwardens and vacant PCC posts: an investigation into the church volunteering crisis.
• Zoe Ingenhaag, Lexology: Gender critical beliefs in the workplace: on Phoenix v The Open University, Meade v Westminster City Council and Anor and Ali v Reason & Nott.
• House of Commons Home Affairs Committee: Oral evidence: Asylum decision-making and conversion to Christianity, HC 595.
• Philip Jones, Ecclesiastical Law: The Parish and the Privy Council.
• Nicholas Mostyn, Ecclesiastical Law Journal: Voidable marriages.
• Síofra O’Leary, ECtHR: The challenged, challenging but very necessary European Convention on Human Rights: in which the outgoing President of the Court makes the point that “our judgments don’t always please” and challenges “the mistaken idea that the Convention was and is for other States and not a matter of domestic concern”.

And finally…

Nothing to do with law, but an interesting read: Robert Colls in the New Statesman on The death of a church: “The closure of a Methodist chapel on Tyneside tells a story of England’s dwindling congregations – and highlights the loss of a vibrant community life that cannot be replaced.” Worth it if only for the line, “ If all history is contemporary history, all community is face-to-face”.