Law and religion roundup – 27th October

Lords Spiritual (Women) Act (Extension) Bill

The Lords Spiritual (Women) Act (Extension) Bill completed its House of Lords stages on 22 October and was read the first time in the House of Commons and ordered to be printed on 23 October. No date has yet been fixed for second reading. Explanatory Notes to the Bill are here

Assisted dying

Also on 22 October, the Isle of Man’s Legislative Council voted by seven to one to pass the Assisted Dying Bill through the Principles stage – the initial debate in the upper chamber of Tynwald, where they can discuss the wider aspects of the Bill. It will now move into the Clauses stage, where it will be considered in greater detail, with votes on any amendments. [A summary of the Parliamentary Procedure in the Isle of Man is here].

In Wales, however, Senedd members refused to back calls for the law on assisted dying in England and Wales to be changed. Although the Senedd does not have the power to change the law, the motion called on the Welsh Government both to support the principle of assisted dying and to support the Westminster Parliament in introducing “a compassionate assisted dying law in England and Wales”. The non-binding vote was lost, with 19 voting in favour, nine abstaining and 26 voting against. Senedd members did not have to vote on party lines, and the Cabinet was also given a free vote.

On 23 October, Ireland’s lower House of Parliament, Dáil Éireannvoted to “take note” of the final report of the Joint Committee on Assisted Dying (JCAD), with 76 votes for and 53 against. Although the vote has no legal effect, it indicates support for assisted dying. The associated legislation in the area is reviewed here

Chancellor deprecates approach of petitioners

In Re Holy Cross Newcastle [2024] ECC New 3, the parish had obtained a quotation in the sum of £33,795.60 for the replacement of the existing convection gas heaters with nine new convection gas heaters. It had already paid a deposit of £17,000 to the contractor before applying for a faculty, and when the application was made, it was clear that the parish had not had “due regard” to the Church of England’s Net Zero policy by considering other options which did not involve replacing one fossil fuel system with another. 

Wood Ch commented:

“[14]. …whilst the court deprecates the actions not taken (especially the failure to follow guidance and to follow the DAC advice to obtain independent analysis) and taken (committing without having obtained permission to do so) and endorses the approach of the DAC, it has reached the conclusion that in the circumstances that have arisen here, it will on this occasion grant the faculty sought.”

The case has been reported by the Daily Telegraph and elsewhere, and a detailed review will be posted within the next few days. It raises a number of fundamental questions relating to the consequences of the uncritical adoption of “net zero” targets by General Synod in February 2020 and the required deliberations of the consistory courts through the Faculty Jurisdiction (Amendment) Rules 2022

Solar panels

We noted that the Planning Inspectorate had dismissed the appeal against the refusal of planning permission to put 28 solar panels on the south-facing roof of the Grade II-listed St Anne’s Church, Ings, because they would be a “visual intrusion” on the building and surrounding area, resulting in an “adverse impact on the outstanding universal values of the English Lakes World Heritage Site”. The appeal decision is summarized in David Lamming’s comment here

On 23 October 2024, the Diocese of Carlisle issued a statement in which it noted with disappointment the dismissal of its appeal. However, the rejection of the appeal appears to be final – unless, perhaps, the Diocese proceeds to the Administrative Court and tries to argue that the appeal decision was flawed as “Wednesbury unreasonable”.

This was Jacob Gifford Head’s reaction to the rejection of the appeal:

Can’t disagree with that.

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