The Portal May 2019 | Page 11

THE P RTAL May 2019 Page 11 Church & State Anglican – how it works News The Revd Paul Benfield 2 019 sees the centenary of the Church of England Assembly (Powers) Act 1919, often known as the Enabling Act which established the Church Assembly and enabled it to legislate by Measure (a legislative power which has since passed to the General Synod). As part of the celebrations to mark this significant event, the Ecclesiastical Law Society held a conference at Cumberland Lodge, Windsor Great Park, under the title ‘Church and State in the Twenty-first Century.’ In the first session, Professor Norman Doe, a professor of law at Cardiff University, spoke of the disestablishment of the Church of England in Wales and the passing of the Welsh Church Act 1914, (which did not come into force until 1920 because of the Great War). He considered the legal vestiges of former establishment with regard to marriages and burials and the competence of the Welsh Assembly over aspects of the life of the Church in Wales. He compared the Welsh Church and Church of England in areas such as governance, ministry, liturgy and ecumenism. He was followed by Dr Colin Podmore, former Clerk of the General Synod, who traced the history of the formation of the Church Assembly and how the 1919 Act operates. After final approval of a Measure by the General Synod, the matter stands committed to the Legislative Committee which prepares comments and explanations for the Ecclesiastical Committee of Parliament. the way it embodies a theology of power’. He went on to say that an established church’s concern to be the church for the whole nation offers a better approach to addressing the cultural divisions revealed in the Brexit referendum than ‘the modernist alternatives which treat majoritarianism and the cash nexus as the preferred mechanisms for resolving difference’. Professor Robert Blackburn QC, Professor of Constitutional Law at Kings College London, spoke on the constitutional considerations of Church-State relations that concern the monarchy and parliament, including the Roman Catholic disqualification, royal marriages, the coronation oath and bishops in the House of Lords. Sir William Fittall, former secretary General of the Church of England, gave an account of relations between the Church of England, Parliament and successive governments over the past two decades. He said that after the failure in General Synod in 2012 of the first legislation to permit women bishops, the idea that parliament should legislate on the matter for the This body has to prepare a report on the Measure Church of England was very quickly dropped, it being and in particular report on whether the Measure is realised that this would have provoked a constitutional expedient especially in relation to the constitutional crisis between Church and state. rights of Her Majesty’s subjects. The Measure is then debated by each House of Parliament on a motion that Other speakers gave ecumenical, other faith and it should be presented to her Majesty for royal assent. sociological views. Many of the papers given will be published in future editions the Ecclesiastical Dr Podmore considered parliament’s refusal to Law Journal which is published three times a year. approve the 1928 Prayer Book and the passing of the Members of the ELS receive the journal for an annual Worship and Doctrine Measure 1974, which secured membership fee of only £40 a year (less for certain legislative autonomy for the Church for its liturgy and categories). Details can be found at www.ecclawsoc. doctrine, despite its continued establishment. org.uk/membership/join-the-society/ The Revd Dr Malcolm Brown, Director of Mission and Public Affairs on the Archbishops’ Council, argued that establishment embodies ‘a number of theologically important virtues in the way that it expresses the stance of the state towards religion in Conference participants were privileged to join Great Park residents and workers at a Service of Readings and Music for Passiontide in the Royal Chapel of All Saints, in the presence of her Majesty the Queen, Supreme Governor of the Church of England.