The Standing Committee is a 14-member group (15, if the Archbishop of Canterbury is present, as he is an ex officio member, as well as being its President). Seven of its members are elected by the members of the ACC, and five are members of the Primates’ Standing Committee. The other two members are the Chair and Vice-Chair of the ACC, elected by the members in plenary session. Their function is together to assist the Churches of the Anglican Communion in advancing the work of their mission worldwide.
There is a Q and A about the Standing Committee here which has further information.
The previous TA update was this one. And later there was an interview with Canon John Rees which we reported here.
The minutes of the meeting held in July 2010 are available from this page as a PDF, here.
The meeting held in March 2011 was reported in a series of bulletins starting with this one, and continuing here, then here, and finally here.
0 CommentsThe Queen has approved the nomination of the Venerable Christopher Lowson, AKC, STM, MTh, LLM, Director of Ministry at the Archbishops’ Council, for election as Bishop of Lincoln in succession to the Right Reverend Dr John Charles Saxbee, BA, PhD, on his resignation on the 31 January 2011.
Press release from 10 Downing Street Bishop of Lincoln
Press release from diocese: Appointment of 72nd Bishop of Lincoln
11 CommentsThe Church Commissioners have announced their financial results. The full press release is now available here.
1 CommentChurch Commissioners’ results confirm long-term growth
The Church Commissioners have today announced a 15.2 per cent return on their investments during 2010. Their fund has now outperformed its comparator group over the past 10 and 15 years.*
Despite challenging economic times for both the Church and wider society, the Commissioners – who contributed more than £200 million in 2010 towards the cost of maintaining the mission of the Church of England – grew their fund to £5.3 billion (from £4.8 billion at December 31, 2009).
Although most of the costs of the Church’s mission are met by the generous giving of today’s parishioners, the Commissioners contribute around 17p in the pound towards the total. The Commissioners’ contribution is biased towards supporting poorer dioceses.
Today’s results show that the Commissioners are able to distribute £26 million more each year to the Church than if their investments had performed only at the industry average over the last ten years, while pursuing their policy of maintaining the real value of the fund.Andreas Whittam Smith, First Church Estates Commissioner, said: “These results are good news for the Church and its vital role in the life of the nation. Our mission is to support the Church’s ministry, particularly in areas of need and opportunity – we meet that by ensuring our investments achieve sustainable long-term growth.”
Returns from the fund, held in a broad range of assets, pay for: clergy pensions for service up to the end of 1997; supporting poorer dioceses with the costs of ministry; funding some mission activities; paying for bishops’ ministries and some cathedral costs; and funding the legal framework for parish reorganisation.
The Commissioners manage their investments within ethical guidelines, with advice from the Church of England’s Ethical Investment Advisory Group.
Andrew Brown, Secretary to the Church Commissioners, said: “Investment performance was strong across the board in 2010 underlying the importance of our diversified portfolio. We plan to continue to diversify the fund into other attractive and appropriate asset classes to reduce further the fund’s overall volatility.
“In addition, our Assets Committee has adopted a deliberate policy of being more active in terms of the fund’s overall asset allocation, adjusting the level of risk depending on the market opportunity.”The main factors behind the fund’s strong performance in 2010 were:
- The Commissioners’ higher weighting in shares, particularly those held in companies with overseas interests.
- The bias to higher performing smaller companies within UK shareholdings.
- The low weighting in UK government bonds, index-linked bonds and UK investment grade bonds and higher investment in property compared with the average pension fund.
- The Commissioners’ property portfolio achieved a 15.4 per cent return, exceeding its comparator group, the Investment Property Databank.
- The contribution from the Commissioners’ multi-asset fund managers.
The Commissioners’ overall 15.2 per cent return was achieved against a comparator performance of 12.7 per cent for 2010. Over the past 10 years, total returns averaged 6.3 per cent per year, against the comparator group’s 4.5 per cent. Over the past 15 years, the Commissioners outperformed the comparator group with an average annual return of 9.3 per cent against 7.0 per cent…
The Primate of Nigeria, Archbishop Nicholas Okoh, has been interviewed on a range of subjects. The full text is published on the website of the Church of Nigeria. Read it here.
TA readers may be most interested in this section:
38 CommentsQUESTION: HOMOSEXUALISM WHAT IS YOUR NEW? [sic]
RESPONSE: The fight against homosexual had been on for quite some time and the Anglican church in Nigeria and I must say not only in Nigeria in other places of the world have said no to the homosexual lifestyle, that that type of sexual orientation is unbiblical, ungodly, unnatural, unacceptable.
We have said that over and over again, we discover that those who are set on it think we are ignorant, they think we are living the old past time- ancient days but that this is a post modern day and that they can rewrite the bible to suit their culture the way they want it.
But what we have continued to say is that that sexual relationship is against the society because the society rules through procreation and when we allow a sizeable member of the society to be homosexuals or Lesbians we cannot expect procreation to take place so naturally it is against nature.
It is unfortunate and right now, the other time I visited United Kingdom they were saying that people are free to come to the places where they worship to come and solemnize their homosexual relationship or lesbian relationship in their places of worship.
I am aware that the Church of England says no and so also the Roman Catholic Church.
There are quite a number that says they don’t mind and that the basic thing is that two people love themselves which is a very selfish perspective.
The issue at stake is not just a case of if it will make two people happy if they love themselves. I think that the rejection of absolute truth, absolute right and wrong had turned everything to the doctrine of relativism.
We are in a kind of free moral fall and we do not know when it is going to stop. Let me say this is not an Anglican form, it cuts across denominations. Some have decided to keep quiet because it is very embarrassing they decided to hide it.
The Anglican Church has been quite vocal about it discussing it openly. Those of us in Nigeria, Kenya, Uganda, Rwanda and some other parts of the world, some parts of Australia, some part of America, some parts of United Kingdom.
You don’t have a particular place where you will say the whole of this people are homosexuals we just have pockets, in fact this is a kind of focal minority who are trying to turn the table against the majority and right now as I talk to you, the journalists, the lawmakers, in the UK, the politicians, the school authorities, the government, they are all in support. In America, we now have two bishops who are homosexuals and of course Canada supported it.
I can say that this vocal minority has redefined the family in a very radical way. What we used to know is a family made up of a man a woman and Godly raised children. We are now being told that a man and a man can form a family and then they can get a child.
There was even a very amusing one claiming to be a mother and presenting another man who is the husband and they adopted a child from a surrogate mother. All these are happening in our time, and when you dare raise objection they say you are not sufficiently educated, they say you are living in the pre-medieval age, they say you need to be exposed.
But the question we continue to ask is that the gospel came to us and identified areas where we were not living well and the gospel corrected us, the gospel transformed our lives, for instance we were killing twins here and when it was exposed to us that we were wrong, we dropped it.
The irony of the situation now is that the people who brought this are now telling us that such things are right but thank God we are not very confused we are not confused at all.
The scripture has been given to us we will not return it to anybody, we have accepted it and we are implementing it because we have a heavenly agenda.
The Diocese of Los Angeles has issued this press release: Diocese of Los Angeles declines to endorse Anglican Covenant.
And there is this video documenting the process by which Diocesan Convention initiated the response.
Here is an extract:
25 Comments… We are concerned about the omission of the laity from Section 3. As St. Paul teaches, we are all of us the Body of Christ and individually members thereof (I Corinthians 12). There are four orders of ministry in the Church – bishops, priests, deacons and lay people, who also minister as members of the baptized people of God. Such an ecclesiology should both undergird the theology expressed in the Covenant and the church structures developed as means of connecting and serving the churches of the Communion. A Covenant to which we could subscribe would need to re-imagine the Instruments of Communion to provide a stronger representation from all the orders of ministry.
Section 4 is of greatest concern. It creates a punitive, bureaucratic, juridical process within the Standing Committee of the Anglican Communion, elevating its authority over the member churches despite previous affirmations of member church autonomy (see, e.g., Section 4.1.3). It contains no clear process for dispute resolution, no checks and balances, no right of appeal. The concept of mediation, introduced in Section 3.2.6, is not mentioned in Section 4. The covenant’s focus on “maintenance, dispute and withdrawal” bodes of an immobilized church mission instead of one that is flexible and prophetic. For these reasons, we cannot agree to Section 4.
We cannot endorse a covenant that, for the first time in the history of The Episcopal Church or the Anglican Communion, will pave the way toward emphasizing perceived negative differences instead of our continuing positive and abundant commonality. We strongly urge more direct face-to-face dialogue, study, prayer and education before the adoption of a document that has such historic significance in the life of the Anglican Communion and The Episcopal Church. Our differences should not be seen as something that must be proved wrong or endured but rather a motivation to dig deeper into discerning God’s purposes for God’s church…
The Church in Wales is inviting the public to comment on the Anglican Covenant, see this page.
To help in this matter, a commentary provided by the Church in Wales Doctrinal Commission has also been published, as a PDF file, here (link now corrected)
23 CommentsThe following passage comes from Archbishop Okoh’s opening address to the Standing Committee of the Church of Nigeria held on 3 March 2011. (It has only just come to my attention.)
33 CommentsVisit to the UK: In our meeting in Lagos, we were mandated to visit the UK to ascertain the condition of Nigerian Anglicans, and how to help them. Our first attempt was on 17th December 2010, which failed because excessive snow fall, led to the closure of Heathrow airport. We rescheduled for 16th February, 2011. Thank God we were able to go. It was a full delegation. The Group was made up of:
The Most Revd Nicholas D. Okoh – Primate
The Most Revd Joseph Akinfenwa – Ibadan
The Most Revd Michael Akinyemi – Kwara
The Most Revd Bennet Okoro Owerri
The Most Revd Ignatius Kattey Niger Delta
The Most Revd Emmanuel Egbunu – Lokoja
The Rt. Revd David Onuoha – Secretary
Barr. Abraham Yisa – RegistrarThe delegation was well received by the Nigerian High Commission in London. There was a brief meeting and an interactive section. The group also visited the Archbishop of Canterbury at Lambeth Palace. Our message:
The need to allow Nigerians to worship “the Nigeria way” in abandoned Church buildings or allow them a scheduled time in parish Churches where they could express themselves unreservedly in worship, to save us from the unceasing and intense bleeding of our young executive Anglicans moving over to the New Generation Churches due to what they describe as “cold” worship style. Our request was viewed positively by the Archbishop of Canterbury and Primate of All England. We also visited the Lord Bishop of London and the Bishop of Southwark. Other places visited include Manchester and Birmingham. In summary the Archbishop requested us to put our proposal into writing. He assured us that it is a practical proposal. We addressed a group of Nigerians of different age brackets in London, Manchester and Birmingham and had a special session with representatives of Nigerian Clergy in the UK. Our visit was said to be timely. But a few had their reservations.
Another issue which has emerged in this visit is the status, sponsorship and future of the Nigerian Chaplaincy in the UK. At the moment they are enjoying the last part of the generosity of the CMS, and the grace and benevolence of St. Marylebone. These are issues requiring urgent attention.
press release from The Chicago Consultation
2 CommentsCHICAGO CONSULTATION RELEASES PUBLICATION ON PROPOSED ANGLICAN COVENANT
The Genius of Anglicanism includes essays by theologians, church leaders
April 5, 2011—The Chicago Consultation, which advocates for the full inclusion of gay, lesbian, bisexual and transgender Christians in the worldwide Anglican Communion, has released a collection of essays and study questions on the proposed Anglican Covenant.
The Genius of Anglicanism, a 64-page booklet, includes eight essays and study questions, and may be downloaded at no cost at www.chicagoconsultation.org.
“We believe that congregations, bishops, General Convention deputations and individual Episcopalians will benefit from this careful exploration of the proposed covenant,” said the Rev. Lowell Grisham, co-convener of the Chicago Consultation and rector of St. Paul’s Church in Fayetteville, Arkansas.
“The proposed covenant is a complex document that could have a major impact on the Episcopal Church and its many vital and longstanding relationships within the wider Anglican Communion,” he added. “We are grateful that well-respected theologians, clergy and lay leaders were willing to analyze it for us.”
The Very Rev. Jane Shaw, Dean of Grace Cathedral in San Francisco and former dean of divinity at New College, Oxford, wrote the introduction for the guide, which was edited by Jim Naughton and includes essays by:
- The Rev. Ruth Meyers, Hodges-Haynes Professor of Liturgics at the Church Divinity School of the Pacific in Berkeley, California, on the relationship of the proposed covenant to the Baptismal Covenant of the Episcopal Church
- The Rev. Ellen Wondra, editor in chief of the Anglican Theological Review and academic dean at Seabury Western Theological Seminary in Evanston, Illinois on how a theological innovation, such as the proposed covenant is received or rejected by a community of faith
- The Rev. Timothy Sedgwick, Clinton S. Quin Professor of Christian Ethics at Virginia Theological Seminary, on the concept of episcopal authority in the proposed covenant
- Fredrica Harris Thompsett, Mary Wolfe Professor Emerita of Historical Theology at the Episcopal Divinity School in Cam bridge, Massachusetts, on how the proposed covenant will affect the participation of the laity in Communion affairs
- The Rev. Canon Mark Harris, of the Diocese of Delaware, a member of the Episcopal Church’s Executive Council on the proposed covenant and the traditional concept of “the historic episcopate locally adapted”
- Sally Johnson, chancellor to Bonnie Anderson, President of the House of Deputies on the judicial and disciplinary provisions in the fourth section of the proposed covenant
- The Rev. Gay Jennings, the Episcopal Church’s clergy representative to the Anglican Consultative Council, on the Anglican Communion’s existing covenant, which is grounded in the Five Marks of Mission
- The Rev. Winnie Varghese, priest-in-charge at St. Mark’s-Church-in-the-Bowery in New York City and member of Executive Council on the kind of covenant necessary to make the Communion an ally of the poor and the oppressed.
Grisham, who prepared the study questions that accompany each essay, said he believes the booklet will be widely used in the run-up to the Episcopal Church’s next General Convention in July 2012.
The Chicago Consultation, a group of Episcopal and Anglican bishops, clergy and lay people, supports the full inclusion of gay, lesbian, bisexual and transgender Christians in the Episcopal Church and the worldwide Anglican Communion. To learn more about the Chicago Consultation, visit www.chicagoconsultation.org.
Aidan O’Neill QC has written about Religious Organisations and Secular Courts: The Ministerial Exception.
Read it in two parts at the UK Supreme Court Blog.
Part 1: The Ministerial exception in US case law
On 28 March 2011 the United States Supreme Court granted certiorari in Equal Employment Opportunity Commission and Perich v. Hosanna-Tabor Evangelical Lutheran Church. This means that an appeal can be brought before the US Supreme Court in which, for the first time, that court will consider the constitutionality of the legal doctrine known as the “Ministerial exception”.
The “Ministerial exception” is a US court created (common law) principle which is said to be implicit within and derived from the US Constitution’s First Amendment’s prohibition of “religious establishment” and its guarantee of “religious freedom”…
Part 2: The Ministerial exception in UK and EU case law
1 CommentPerhaps under the influence of this US case law, by the last quarter of the twentieth century the growing tendency of the courts – at least in England and Wales – was to seek to avoid becoming mired in matters of ecclesiastical sensitivity and/or theological controversy by denying that they had jurisdiction to consider (intra- or inter-) religious disputes brought before them.
Paradoxically, this new found uneasiness as to the propriety of the civil courts ruling on matters religious might be thought to reflect the growing secularisation of public life in the UK, with the judges drawn from an increasingly unChurched class who – in contrast to their church-going and religiously literate Victorian and Edwardian forbears – felt uncomfortable and unqualified to sit in judgment on religious matters. Thus, the courts in England and Wales in this period declined to consider applications for judicial review brought by individuals exercising ministerial functions within various non-established religious denominations on the grounds that there was no “public law” element such as to make the case suitable for judicial review, apparently relying on a UK public law principle of separation of Church and State which had, in fact, no place historically with the polities making up the United Kingdom…
Alan Perry has just written an analysis of Section 3 of the Anglican Covenant, see Life Together.
Section 3 of the proposed Anglican Covenant describes the way in which the Churches of the Anglican Communion collaborate with each other. At the heart of this section is a description of the Instruments of Communion. These used to be know as Instruments of Unity, but for some inscrutable reason the term was changed in recent times.
Section 3.1.2 correctly notes, quoting the Lambeth Conference of 1930, that “Churches of the Anglican Communion are bound together ‘not by a central legislative and executive authority, but by mutual loyalty sustained through the common counsel of the bishops in conference’ and of the other instruments of Communion.” This statement is a little ironic, of course, being contained within a document which is being proposed as central legislation for the Communion, and which gives at least some executive powers to the Instruments of Communion and the Standing Committee. As we say in Quebec, it seems the proposed Covenant is speaking out of both sides of its mouth…
His earlier analyses of Section 1 are called Defining the Faith and Living the Faith.
That of Section 2 is called Vocation and Mission in the Anglican Communion.
And there is lots more analysis of the Anglican Covenant elsewhere in his blog.
2 CommentsThe Diocese of Pittsburgh reports that the earlier court decision in its favour is upheld.
The Commonwealth Court of Pennsylvania has turned down a request made by former diocesan leaders to reargue their appeal of a lower court’s ruling concerning diocesan property.
On February 2, 2011, Commonwealth Court affirmed the decision by Judge Joseph James of the Court of Common Pleas of Allegheny County that found the Episcopal Diocese of Pittsburgh of the Episcopal Church to be the rightful trustee of diocesan-held property and assets, based on a Stipulation the former diocesan leaders agreed to in 2005. Those former leaders had appealed Judge James’ decision to Commonwealth Court, and two weeks after the appeals court affirmed Judge James, they asked the appeals court to reconsider its ruling.
The actual court order is available as a PDF, but the content is reproduced here:
30 CommentsNOW, March 29 2011, having considered appellants’ application for re-argument before the court en banc and appellees’ answer, the application is denied.
Letters published last week in the Church Times can now be found at Anglican Covenant: responses to last week’s Church Times guide.
12 CommentsThe Satirical Christian has written Ecclesiastical Dominos.
How do you get people to vote for something they don’t want?
In the Church of England, it’s easy. You employ the domino effect.
Take the Anglican Covenant, for instance. It is clear that many people in the Church of England are deeply suspicious of it. In the debate in General Synod last November many voices raised deep misgivings about it, even among the House of Bishops. In fact, enough people were sufficiently concerned to mean that if the vote was taken purely on what people thought, it would probably have been chucked out there and then…
Bosco Peters has written Anglican Covenant.
…I have tended towards the approach that if you have a problem because you lost something in the garden, to get a solution that’s where you should be looking – even if the light in the house is better! I do not think that the “Covenant” is the appropriate tool as a solution for the “problem”, just as I do not think that a sledgehammer is the appropriate tool as a solution for screwing two planks together.
The “problem” is the ethics of committed same sex relationships. Discussing that is IMO what should be happening. Of course, for some, there is nothing to discuss…
And he continues with
4 CommentsHow to get a province to sign up to the “Covenant”
Lessons from/for the Church of England1) Make sure that the lowest voting percentage possible be required (2/3 or 3/4 in all houses would be just hopeless to get the “Covenant” through. And involving parliament in the state church’s significant signing away of its autonomy would just be a step too far.) How embarrassing if others signed up to the “Covenant” and the Church of England didn’t!
Aidan O’Neill QC has written at the UK Human Rights Blog about Squaring equality with religion.
…The relationship between the expression of religious beliefs and practice and equality law is a fraught one, and particular difficulty has been experienced in the matter of the application of the law outlawing discrimination…
And later on he has this:
…Thus, for the religious, their attitudes and judgments on right conduct are the very opposite of “prejudice” which anti-discrimination law was supposed to be aimed at. And, they would say, there can be no proper comparison between those who would discriminate on grounds of a religiously informed conscience, and those who so act simply from unthinking incoherent prejudice or bigotry. The pretended comparison between the religious and the irreligious wrongly treats unlike cases alike. The law should, instead, respect those who act on the basis of religiously informed conscience and make reasonable adjustments to accommodate them.
On this analysis, being religious is more akin, for discrimination law purposes, to having a disability. The law does not compare the disabled with the able-bodied and say that they should be treated the same – rather the law requires that account be taken of disability and appropriate measures taken to place the disabled on an equal footing with those without that disability. Similarly, the claim is made that the law should not treat the religious and the irreligious as equivalent; rather, the law should respect the beliefs and consciences of the religious and allow them to act on those beliefs without falling foul of anti-discrimination law…
Meanwhile Alan Wilson wrote Squaring a Human Rights Circle.
26 CommentsSo what about religious particularity and freedom from discrimination? Pushed to an absolute degree either could compromise the other. If an atheist could fight a way through the courts to become Pope that would be a magnificent expression of openness, but bad news for the Papacy, which partly exists to define and maintain a particular identity in a way that can only credibly be done by a Roman Catholic. If, conversely, a Police force decided to soft pedal on the misdeeds of some clergy because they are authority figures in the community representing the dominant religion, this is plainly wrong and deprives the victims of a basic justice they have every right to expect.
This becomes even more complicated when people start asserting Christian rights. Jesus’ teaching about non violent resistance (turning the other cheek etc) and the strand of wisdom represented by Romans 13, does not lend itself to crusading militancy. Whenever the Church has ignored this principle it has made a fool of itself and compromised the gospel by behaving in a violent and assertive way to whch it might notionally have been entitled, but which was far from Christlike. People who are being reviled have a notional right to revile back, perhaps, but Jesus tells his followers to do the exact opposite. This being the case it is hard to represent an assertion of that right as something required of his followers by their religon. It damn well is not.
A few preliminary jottings are emerging for me about the ways christians are supposed to apply human rights law to ourselves…
Updated
The Government Equalities Office has announced the opening of this consultation.
Press release: Civil partnerships on religious premises: a consultation
Opening date: 31 March 2011
Closing date: 23 June 2011
In February we announced our commitment to enabling civil partnerships to be registered on the religious premises of those faith groups who wished to host them. This will be done by implementing section 202 of the Equality Act 2010. This provision removes the legal prohibition on civil partnerships being registered on religious premises, enables regulations to be made setting out the arrangements for these premises to be approved by the local authority and clarifies that there is no obligation on faith groups to have civil partnership registrations on their premises.
Civil partnerships on religious premises: a consultation sets out detailed proposals for this voluntary measure which enhances the freedom of both faith groups and same-sex couples. The proposals are designed to enable faith groups to opt in, respect the different decision-making structures of different faith groups, minimise the risk of successful legal challenges and be straightforward for local authorities to operate. The law will make clear that faith groups are not obliged to host civil partnerships. It would also be unlawful for a civil partnership to be registered on a religious premises that had not been approved for the purpose by the local authority. That approval will be given only with the approval of the faith group concerned.
We propose a two stage process for enabling civil partnerships to be registered on particular religious premises. First the faith group concerned will have to consent to this and the consultation document sets out how this could happen. Then the local authority in whose area the premises is located will have to approve the premises and the consultation document sets out what conditions should apply to the approval. The registration of civil partnerships would remain secular, despite taking place on religious premises, but a religious service could be held to mark the registration.
This consultation will be of particular interest to:
- faith groups including religions, denominations and individual independent religious congregations
- Lesbian, gay and bisexual (LGB) organisations, LGB individuals and their families and friends
- Local authorities, including registrars and other relevant local authority employees
- owners and managers of buildings approved for civil marriages and civil partnerships
Comments from other interested parties are also welcome.
Download the consultation
The official CofE response to the second sentence of this paragraph (emphasis added) from the consultation document will be interesting:
21 Comments1.8 Please tell us whether you are responding as an individual or whether you
are representing the views of an organisation. If you are responding on
behalf of an organisation please tell us whom the organisation represents
and, where possible, how the views of members have been sought.
Updated
A recent decision of the Employment Appeal Tribunal is concerned with the employment status of Methodist ministers.
The case is UKEAT/0219/10/DM between Ms H. A. Moore and The President of the Methodist Conference. The judgment, dated 15 March 2011 is available here, and can also be downloaded from here. (49 pages as a .doc file).
Here’s a news report from the Western Morning News Female church minister wins landmark employment rights case.
A sacked [but see comment below] female minister in Cornwall has won a landmark ruling to bring a case against the Methodist Church for unfair dismissal.
The decision by the Employment Appeal Tribunal reverses an earlier decision by the Court of Appeal and paves the way for all clergy to challenge their employers in the courts.
The tribunal concluded that Haley Moore, who was dismissed as a minister in Redruth, was an employee under the Employment Rights Act and can take action against her former employer, the President of the Methodist Conference.
The Unite union, which has been fighting for equal rights at work for religious workers for 16 years, said the decision was a “significant step forward”.
but note also:
A Methodist Church spokesman said it would appeal the ruling.
Kenneth Howcroft, assistant secretary of conference, said: “The Methodist Church is seeking an appeal against the judgement that Haley Moore’s case is a matter for an employment tribunal.
“As it stands, Methodist ministers are office holders, not employees, of the Church and have legal rights of redress under long established, procedural channels.”
And a press release from the solicitors: New Landmark Employment Ruling for Clergy.
The decision of the Employment Appeal Tribunal is a significant step towards achieving this as it establishes that a Methodist minister is an employee under employment legislation, which is contrary to the Court of Appeal’s decision about Methodist ministers in 1984. The Methodist Church has 21 days from the date of the EAT’s order of 15 March 2011 to make an application for leave to appeal to the Court of Appeal.”
And a press release from the Trade Union: Church of England urged ‘to smell the coffee’ over employment rights, following landmark ruling in Cornwall.
Religion Law Blog carries some comment on this by Neil Addison:
In Moore v The President Of The Methodist Conference BAILII:[2010] UKEAT 0219_10_1503 the Employment Appeals Tribunal decided that a Methodist Minister was an Employee for the purposes of Employment Law, in this case a claim for unfair dismissal. The EAT applied an earlier House of Lords case Percy v. Church of Scotland [2005] UKHL 73 in which the House of Lords decided that a Church of Scotland Minister was an employee.
Prior to Percy the general assumption in law was that religious ministers, of all denominations, were office holders rather than employees and so were not protected under unfair dismissal and/or discrimination law. In Percy however the House of Lords decided that, on the specific facts, the Minister in the case was an employee and the same decision was made in Moore as regards a Methodist minister.
How far this principle will extend is difficult to determine. It is possible that Denominations which have a very sacramental view of the status and role of the Clergy, such aside the Catholic and Orthodox Churches, will continue to be able to claim that their clergy are “office holders” rather than employees. However for Free Church Ministers, Rabbi’s and Immans the position may be different and they may be held to be employees of their respective congregations should they decide to sue for unfair dismissal or discrimination.
Update
The full text of the Methodist Conference statement quoted in part above:
11 CommentsThe Revd Kenneth Howcroft, Assistant Secretary of the Methodist Conference, said: “The Methodist Church is seeking leave to appeal against the judgement that Haley Moore’s case is a matter for an employment tribunal. It is treating the matter with great seriousness as something that would affect all our ministers. The Court of Appeal held as long ago as 1984 that Methodist ministers are not employees. A minister’s role is one which is traditionally based on the ethos and laws of the Church rather than on a secular ethos. Our ministers have legal rights of redress under Church procedures. The Methodist Church cares for all who serve it, whether lay or ordained, paid or volunteer, and we want to ensure that we treat everyone fairly and properly.”
The (slightly shortened) texts of the papers delivered at the recent event in Dublin are now online at the website of Search.
“The Proposed Anglican Covenant – a step forward or a step too far?”
1 CommentThe SEARCH Colloquium on “The Proposed Anglican Covenant – a step forward of a step too far?” took place in TCD on Saturday March 12th and has been judged a great success. Over 50 people attended the Thomas Davis Theatre to hear speakers from England, Wales and Ireland (both North and South) consider the decision on our response to the Covenant to be made at the General Synod in Armagh in May.
After a welcome from the TCD chaplain and secretary of the SEARCH editorial committee, the Revd Darren McCallig, and a brief introduction from the editor, Canon Ginnie Kennerley, the speakers and their subjects were as follows:
- Ms Kate Turner, C of I lay representative on the Anglican Consultative Council: “A Brief Historical Introduction to the Covenant.”
- The Rt Revd Gregory Cameron, Bishop of St Asaph, former Deputey Secretary General of the Anglican Communion: “The Case for the Covenant.”
- The Revd Jonathan Clatworthy, general secretary of Modern Church: “Reservations about the Covenant.”
- The Rt Revd Michael Burrows, Bishop of Cashel and Ossory and former C of I clerical representative on the Anglican Consultative Council: “The Implications for the Church of Ireland.”
The panel discussion which followed was chaired by the Revd Professor John Bartlett, chairman of the SEARCH editorial committee.
The Church of Ireland Gazette reports:
Recommended terms of C. of I. response to Anglican Covenant explained at colloquium meeting
At a recent special colloquium in Dublin on the proposed Anglican Covenant, the Bishop of Cashel and Ossory, the Rt Revd Michael Burrows, told participants that the Church of Ireland General synod’s standing Committee had decided that the General synod next May would be asked to “subscribe” the document, but not “adopt” it.
Bishop Burrows distinguished between the two terms, commenting that “the difficulty with the word ‘adopt’ is that you make the thing you adopt part of yourself”, and pointed out that the Covenant would be “a freely entered into regulation of our external relationships”, but that the Church of Ireland could “walk away”.
He said that, while it had originally been felt that a special Bill would be required, the standing Committee had now opted for a simple motion for next May’s General synod in Armagh. Bishop Burrows quoted the text of the scheduled motion: “seeing that the Anglican Covenant is consonant with the doctrines and formularies of the Church of Ireland, the General synod hereby subscribes the Covenant.”
There is also an Editorial comment titled Approaching the Covenant. Scroll down the same link to read it in full.
6 CommentsThe recent colloquium sponsored by Search and the TCD church of Ireland chaplaincy on the proposed Anglican covenant (report, page 1) heard excellent addresses on the subject, but it was Bishop Michael Burrows’ explanation of the procedure being followed in the church of Ireland regarding a formal response to the text that gave rise to most discussion. Indeed, semantics were to take centre stage, with the implications of the words “adopt” and “subscribe” being explored.
Bishop Burrows, hotfoot from this month’s Standing committee meeting when the procedure to be followed had been decided, referred to the three options for the General Synod: a Special Bill, an Ordinary Bill and a motion. A Special Bill, Bishop Burrows reminded everyone, would involve a two-year process and two-thirds majorities at every stage, unlike an Ordinary Bill or a motion, either of which would be taken within one meeting of the Synod and would require only simple majorities. The motion procedure had been chosen, he reported.
Then came the semantics. Bishop Burrows explained that the term “subscribe” had been preferred to “adopt”, as to adopt something involved taking it into one’s being. From a legal perspective, the term “subscribe” apparently is weaker than “adopt”, leaving the Church of Ireland more able, as Bishop Burrows put it, to “walk away”. Nonetheless, Bishop Burrows insisted on the “honourable” use of the term “subscribe” in the Church of Ireland, but that did not prevent the semantic distinction still making the planned motion sound rather like a highly nuanced pre-nuptial agreement arising from doubts about the contract in the first place, or a kind of arms’ length embracing of a loved one. Fine words of commitment may be uttered, but signing on the dotted line is carefully managed in order to try to avoid over-involvement. Bearing all of this in mind, one could be forgiven for wondering to what extent, if the covenant is considered unsuitable for the General Synod to “adopt”, there is any real heart on the part of those concerned even for “subscribing” it…
Last week the Church Times published a Guide to the Covenant. This is now available to non-subscribers, but only as a PDF file (4.1 Mb).
Download The Anglican Covenant – A Church Times Guide.
This is highly recommended reading. 🙂
One of the articles has been reproduced at Anglican Mainstream. See Church of Nigeria and the proposed Anglican Covenant.
2 CommentsIt seems that Clergy have no ‘office-holder’ option when they fill in their census forms.
According to an announcement from St Albans diocese (scroll down), and no doubt others:
The Archbishops’ Council says:
(a) We very much regret that The Office for National Statistics has not provided a box that allows non-employee office holders to respond accurately.
(b) Clergy will have to decide whether to tick employee or self-employed, neither of which is accurate.
Considering all the fuss that has been made about the status of clergy as office-holders, this has to count as a #fail for the Archbishops’ Council.
12 Comments