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by Munro Research

Disestablishment of the Church of England Bill [HL]


Official Summary

A Bill to disestablish the Church of England; to make provision for the protection of freedom of religion or belief; and for connected purposes.

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Overview

This bill proposes to disestablish the Church of England, removing its official status and transferring its powers to the General Synod. It aims to achieve this while protecting religious freedom.

Description

The bill's main purpose is to separate the Church of England from the state. Key changes include:

  • Transfer of Power: All powers currently held by the Crown, Parliament, or private patrons over the Church's faith, doctrine, liturgy, property, discipline, and appointments will be transferred to the General Synod.
  • Royal Titles: The Sovereign would no longer hold the titles "Defender of the Faith" and "Supreme Governor of the Church of England".
  • Marriage Rights: The automatic right for parishioners to marry in parish churches and for Church of England officials to solemnise marriages would be removed (with protections for those currently holding such rights).
  • House of Lords: Bishops and Archbishops would no longer automatically sit in the House of Lords.
  • Ecclesiastical Law: Ecclesiastical law would cease to be part of the law of England and Wales.
  • Governance: The Ecclesiastical Committee and the role of the Second Church Estates Commissioner would be abolished. Ecclesiastical courts would lose their legal jurisdiction.
  • Committee Formation: A committee will be established to recommend the necessary legislative changes, including a draft bill.
  • Religious Freedom: The bill emphasizes that disestablishment must not infringe on individuals' religious freedom.

Government Spending

The bill doesn't directly state the cost of disestablishment. However, the process will involve government resources for establishing and supporting the committee, drafting legislation, and potentially managing the transition of powers and responsibilities.

Groups Affected

The bill will significantly affect:

  • The Church of England: Loss of established status and transfer of governance to the General Synod.
  • The Monarchy: Loss of the titles "Defender of the Faith" and "Supreme Governor".
  • Parliament: Loss of involvement in Church governance.
  • Church Officials: Changes to marriage solemnization rights and loss of automatic seats in the House of Lords for bishops and archbishops.
  • Parishioners: Potential changes to the right to marry in parish churches.
  • Legal Professionals: Changes to the legal landscape relating to ecclesiastical law and courts.

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