• Crunch time for the Church of England

    It is make your mind up time for the Church of England this week on the question of whether to move to open the Episcopate to female candidates. Somehow or another the synodical process in England has reached what seems to be a very unfortunate place. After many compromises to ensure that those who are opposed to the change could remain more easily in the C of E, legislation was drafted and send around their dioceses for approval – 42 out of 44 agreed to it. It was then sent to their House of Bishops who had a go at tinkering with it. It is that tinkering which has caused all kinds of bother. In short, the bishops made more explicit in the legislation some of the compromises that had been made earlier. Now their synod can only choose whether or not to return the legislation to the bishops to ask them to think again or agree to it and implicitly accept something that many, including many senior women clergy (and Lucy Winkett) find unacceptable.

    Looking on from outside, I think I feel that too many compromises have been made of over this already and I hope I’d have the courage to vote no if I was on a synod that had to made its mind up. Better, I think, to wait for a more equitable way forward, than to enshrine inequality in legislation that will be almost impossible to undo later on.

    The central problem is that the C of E managed to develop this system whereby some people within an Episcopal church could think that some bishops do not have the power that real bishops really have and that some priests may not really be priests at all.

    We don’t have the same issues in Scotland. You can think your bishop is not a real bishop all you like, but our canons don’t allow you to behave as though that it true. In England, that’s much less clear.

    At the centre of it all is this idea of “taint”, surely one of the most unpleasant theological concepts doing the rounds. Everyone says they don’t believe in it – however, the idea that a parish could require the supply of an alternative bishop who shares their theological convictions against the ordination of women, has never ordained women himself and has not been himself consecrated by someone who has consecrated or ordained women himself does rather look like a system which regards some people as tainted.

    Why should we care about this in the Scottish Episcopal Church? After all, we believe in the autonomy of other Provinces, don’t we? Well, the implications for us are quite serious.

    At one of our Episcopal consecrations not that long ago, we had a female co-consecrator from Sweden. (I tried to teach her the Gay Gordons at the party afterwards). The bishop whom she helped to consecrate has himself joined in, with all our other bishops, in the consecration of two more bishops.   And our Primus joined in, on our behalf, in consecrating the new female bishop in Iceland just a few weeks ago.

    Now, where does this leave us. I’ve an uncomfortable feeling that right now, those signs which hang outside some of our churches proclaiming us to be in full communion with the Church of England make a statement which, if tested, might actually be found to be untrue.

    With regard to the Church of England, this idea that you can choose your bishop according to your own theological peccadillos has done untold damage to the Anglican Communion. Its theology lies behind so very much of our recent sad history.

    I believe in Anglican Churches being broad churches. However, I can’t see how one can really have a church which legislates for people who don’t believe that some of its bishops are bishops.

    So, hoping and praying that someone manages to pull a rabbit out of an ecclesiastical mitre. Otherwise, sisters and brothers – Just Say No!

2 responses to “Human Rights Petition”

  1. Steven Avatar
    Steven

    Kelvin

    I strongly agree with your sentiments and intend to sign the petition. As a practising barrister I can say that the incorporation of the Convention has had a hugely beneficial effect across society – especially in creating a rights aware culture amongst the judiciary.

    I have successfully relied on the Convention to (1) ensure that the state continues to support destitute asylum seekers whilst they are appealing an asylum support decision (2) prevent the removal of a mentally unwell Brazilian amputee who is awaiting further surgery in the UK (3) ensured that those detained under immigration powers are not held in “ordinary” prisons and (4) prevented the deportation of a Turkish national for a crime committed whilst a child. The Convention naturally “benefits” those on the edges of society – whose cause might be unpopular. That does not mean, of course, that it is unworthy. Quite the opposite.

    I have of course relied upon the Convention in cases which stretch the reach of the various articles. That is how the law develops. Judges do not embrace such claims uncritically. Unfounded and weak claims are rejected as such and so the public perception of an “out of touch” judiciary is misplaced. Thank God for the Judges who – if they were to follow the whims of public opinion would “string em up”, “bring back the birch” and “throw away the key”!

    The Human Rights Act 1998 still retains parliamentary sovereignty in any event. This means that Parliament can still introduce laws that are in breach of the Convention. All that a Judge can do when faced with such legislation is declare it to be “incompatible” and that is it. This may create political pressure (especially at a European level) but it means that the “Queen in Parliament” is still sovereign.

    In addition the HRA 1998 has become entrenched as an almost constitutional statute. Repeal or significant amendment would not create less litigation. On the contrary, as the Daily Mail might put it, lawyers would have a “field day” arguing about when a particular right ceased to exist under the ECHR in the UK and the extent to which rights survived repeal or amendment. It would create a legal mess, a constitutional back-step and a political nightmare.

    In fairness though a solicitor did ask me if they could bring a case to challenge a refusal by the police to allow a man more regular smoke breaks on the basis of his Convention rights (he was being questioned for murder)…I reminded the solicitor that the drafters of the Convention had in mind the ashes of Auschwitz when drafting the Convention and advised him to, as they say in Ulster, “catch yourself on!”

    1. kelvin Avatar

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

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