Funerals market consultation

On 18 December 2020, the Competition and Markets Authority (CMA) issued its final report following a market investigation into the supply of funerals and related goods and services in the United Kingdom. It identified problems in the funerals sector and proposed a package of what it described as “sunlight remedies” to address them:

• A recommendation that the CMA actively monitor market outcomes in the funerals sector, publish an annual review of market outcomes in the sector and consider at the earliest opportunity when the impact and consequences of the COVID-19 pandemic on the funerals sector were sufficiently understood and the sector was more stable, whether to consult on a future market investigation reference (MIR).
• A legally binding Funerals Market Investigation Order to support customers when choosing a funeral director or crematorium and to place the sector under greater public scrutiny.
• A recommendation to the UK Government and the devolved administrations in Northern Ireland and Wales to establish in England, Northern Ireland and Wales an inspection and registration regime to monitor the quality of funeral director services as a first step in the establishment of a broader regulatory regime for funeral services in these nations.

Where the CMA proposes to make a market investigation reference, it must first consult, so far as practicable, any person on whose interests the reference is likely to have a substantial impact, and on 23 August, it launched a consultation on the funerals market “to enable the CMA to consider next steps, including whether or not to consult on a market investigation reference”. 

To respond, use the link on the consultation page or e-mail funerals@cma.gov.uk. The consultation closes at 5 pm on Friday 20 September.

UK Government Minister for Faith

On 9 July 2024, the Ministry of Housing, Communities and Local Government confirmed that Lord Khan of Burnley, who was appointed Parliamentary Under-Secretary of State at the Ministry, will be Minister for Faith. Lord Khan began his career as a lecturer in law at the University of Central Lancashire for 11 years. He became a Labour MEP from 2017-2019, sitting on the EU Parliament’s Foreign Affairs and Human Rights Committee, and was Labour’s spokesman for human rights during this time. Shortly after entering the House of Lords in February 2021, he became a Shadow Spokesman for the same department.

However, at the time of writing, the position of Second Church Estates Commission had not been filled. The Commissioner provides an important link between the Government and the established Church of England and maintains the statutory accountability of the Church Commissioners to Parliament. The post falls within the Ecclesiastical Commissioners Act 1850, and by convention, the Commissioner is an MP drawn from the governing party in the House of Commons and is required to be a confirmed lay member of the Church of England. This is a Crown appointment made on the advice of the Prime Minister, and whilst it is honorary and unpaid, the position is included in the published list of Government members.

Important changes at Ekklesia

On 24 August, Ekklesia reported that 22 years after its founding in 2002, Ekklesia will be ceasing its work as a think-tank and a daily provider of news briefings as of 3 September 2024. However, its book publishing operation, a newsletter, and an informal network via social media will be maintained independently for the time being. 

“Halos” rejected in Re St Mary Adderbury

In Re St Mary Adderbury [2024] ECC Oxf 4, the Parochial Church Council sought to amend a faculty granted in 2023, for the installation of electric heating so as to substitute Near Infrared ‘Couronne’ chandeliers for the Far Infrared ‘Halo’ chandeliers which had been approved. The advantage of the Couronne chandeliers was said to be that they would save the PCC £40,000; the disadvantages were that they were not as attractive as the Halo chandelier and they would give off a red glow. However, 

“[13]. On 24 May 2024 [the Chancellor] received an email from the Head of Church Buildings asserting that the PCC’s lengthy ‘petition’ includes extensive and alarming inaccuracies and misrepresentations regarding the process of the DAC’s review of the application, the DAC’s feedback, and the technicalities of the heating types in question. This email makes it clear that the Church Buildings team, and the DAC, consider that they have already spent a considerable amount of time handling this application which has been necessitated by the conduct and the approach taken by the parish”‘ 

Hodge Ch considered that the proposed variation would be a major departure from what had previously been approved and would affect the character of the church as a Grade I listed building of special architectural or historic interest. He accordingly dismissed the petition. The considerations in this 26-page judgment stretch way beyond the financial issues and will be considered in more detail in a future post.

Filming and Re St Mary the Virgin Morpeth [2024] ECC New 2

Frank’s earlier post, Holy ground or Hollywood? – filming in church and Re St Mary the Virgin Morpeth, reviewed this recent judgment in which the petitioners sought a faculty to permit the filming within the church of a sequel to two “horror” films: 28 Days and 28 Weeks After. Independently, we felt that this case made a refreshing change from the standard consistory court fare of “pews and loos”, and in a further post, David looks at the guidance currently available within the Church of England. 

In analysing the background to the issue of the petition and process adopted in Re St Mary the Virgin Morpeth [8–15], Wood Ch observed: “Having had this experience, it seems to me sensible that, moving forwards, the Diocese should formalise its process along similar lines to [the Diocese of] London”.

A useful summary of the issues is also given in the advice of the Diocese of Chelmsford, which commences:

“Churches and churchyards are popular locations for filming. Careful planning is essential. The following guidelines are to assist incumbents, PCCs and churchwardens in the Diocese in deciding whether to agree to a filming request. Many requests will come out of the blue and at short notice. Incumbents, PCCs and churchwardens should not feel pressured into agreeing to the filming without having given careful thought to the necessary permission required and the practical considerations”. 

Nevertheless, payments to extras can provide an unexpected bonus to church/choir funds, and providing they appreciate the utter boredom of being in make-up at 7am and waiting around to be called on set for after 5 in the afternoon, it can be a fascinating experience.

Quick links

• Rebecca Curran, Lexology: A very short history of divorce law in England: from divorce by the ecclesiastical courts to the Divorce Dissolution and Separation Act 2020 in just over 400 words.
• Church Mouse: What is the Church of England’s doctrine?

And finally…I

A bit niche from a law & religion perspective, but there has been a lot of comment this week on an Australian discrimination case, Tickle v Giggle for Girls Pty Ltd (No 2)[2024] FCA 960 – presumably to be known as “Tickle and Giggle”. Neil Foster critiques the judgment on Law and Religion Australia, here.

And finally…II

One lesson from David Allinson’s recent workshop on Tudor Music was to “read the fine print at the end of the copy” in case it directs voices to change parts, “al repertir se intercambian ambos tenores“, as in T L de Victoria’s Vidi speciosam. It was so much easier filming Lady Mary’s wedding in Downton Abbey, when through lack of singers, the decani section was filmed separately from cantoris, but with changed moustaches.