My Lords, I am taking part in this debate because it seems extraordinary that there is just one Measure, passed in 1949, that is causing this problem. The Bill would allow for the solemnisation of marriages in Church of England chapels according to the rites and ceremonies. We know that. It has been acknowledged that the Church of England is ecumenically generous in allowing its churches to be used by other denominations. But while the Bill would allow the Church of England to add marriage to the services it can permit it would still be up to it to make the decision. All the Bill would do is remove the unintended legal barrier. That is what it is: an unintended legal barrier.
As we have heard, the law on marriages is largely based on the authorisation of premises, which the Law Commission has referred to as a buildings-based system. The Marriage Act 1949 as amended requires that marriages must take place either in a register office, approved premises or in an officially registered place of religious worship. Section 5 of the Act specifies that Church of England marriages are solemnised,
“according to the rites of the Church of England”.
This Private Member’s Bill would change the area of the law that is currently governed by ecclesiastical law. Canon law states that a Church of England church can be used only for Church of England ceremonies, including ceremonies for the solemnisation of marriages.
Some exceptions to this can be made under canon law. The Church of England may grant permission for a minister of another Christian denomination, even in this situation, to assist in the solemnisation of a marriage. However, certain aspects of the ceremony must be performed by the Church of England. Guidance published by the Church of England outlines the roles that each minister would perform:
“The Church of England minister who solemnizes the marriage must establish the absence of impediment, direct the exchange of vows, declare the existence of the marriage, say the final blessing, and sign the registers. A minister invited to assist may say all or part of the opening address, lead the declarations of intent, supervise the exchange of rings, and join in the blessing of the marriage. He or she may also read a lesson and lead all … of the prayers”.
The Church of England has said:
“We see no need for Lord Deben’s Bill, and believe that the current arrangements give sufficient pastoral flexibility for weddings which are conducted in Anglican churches and chapels, involving people of different denominations”.
Over the last 100 years, Parliament has tended not to introduce legislation that affects the internal affairs of the Church of England unless that legislation is proposed by the Church of England itself. Ministers have referred to a constitutional convention whereby Parliament does not legislate on internal Church matters without the Church’s consent. For example, a recent Bill affecting the Church of England directly, the Lords Spiritual (Women) Bill, was introduced during the 2014–15 Session following a request of the Church of England. There is a constitutional convention that Parliament does not legislate for the internal affairs of the Church of England without its consent. This will be blown out of the water. Under the Church of England Assembly (Powers) Act 1919, Parliament has a role scrutinising legislation that relates to the administration and organisation of the Church of England. However, this legislation originates from the General Synod rather than from Parliament.
10.59 am