ACC not bound by UK or EU equalities laws, legal advisor claims: The Church of England Newspaper, Aug 27, 2010 p 1. August 28, 2010
Posted by geoconger in Anglican Consultative Council, Church of England Newspaper.trackback
First printed in The Church of England Newspaper.
Concerns that the Anglican Consultative Council will be subject to UK and EU equality laws following its formation as a British limited company are misplaced, the London-based instrument of communion’s legal advisor, John Rees, reported on Aug 11.
“I share the unease of many religious people about the impact of this British [equality] legislation,” Canon Rees said in a statement released by the Anglican Communion News Service, “but it is not right to say that the restructuring of the ACC will have altered its position” under the legislation.
Critics of the transformation of the ACC from a British charity to a limited corporation have voiced concerns over the ratification process and the powers given to the ACC Standing Committee by the new constitution. In a paper released last month, the conservative-leaning Anglican Communion Institute (ACI) offered a lengthy critique of the newly formed corporate entity, and noted that whether by accident or design, the ACC was now subjecting itself to UK and EU equality laws on homosexuality. Liberal groups have been equally troubled by the ACC’s statement that it will not be bound by British and EU equality laws.
In response to the criticisms Canon Rees stated “the Church of England has played a major part, with other churches in the UK, in achieving and preserving certain exclusions for itself and other religious bodies in relation to this legislation as it has developed over the last thirty years.”
He stated the recent incorporation would not change the application of the law as it would be binding upon both a corporation and a charity. However, Canon Rees added that the ACC will now “enjoy the benefit of exclusions from this legislation to the same extent as any other religious organisation in the UK.
The director of Changing Attitude, the Rev. Colin Coward, told CEN the exemptions granted to religious bodies under UK Equality Legislation are “very limited in extent and I doubt that they would affect the ACC in any way.”
He added that he was troubled by the claims made by the ACC, noting that “many members of the Church of England join Changing Attitude in believing there is no benefit to be enjoyed from these very limited exemptions.”
Mr. Coward said these claims “allow the church to continue with the dishonest pretence that it excludes from ordained ministry partnered lesbian and gay people. The unease of many religious people about the impact of this British legislation relates to freedom given to churches to maintain prejudiced and judgmental attitudes to lesbian and gay people.”
The ACI said it shared Canon Rees’ “unease” over the “impact of British equalities legislation on religious bodies, especially the ACC,” but added his assurances were not convincing as “this issue will not be settled without further judicial decisions.”
“We are neither as sanguine about the future scope of these exemptions nor as resigned to their applicability to the ACC as is Canon Rees,” it said.
The minutes to the December meeting of the ACC Standing Committee suggests it does not have a firm grasp on the equalities laws either. Agenda item 17 of the meeting minutes stated the Archbishop of Canterbury told the meeting the Church of England had “issued guidelines on clergy in civil partnership. He wondered if the moratoria included those clergy involved in civil partnership. Some were in celibate same sex partnerships,” the minutes reported.
The members of the Standing Committee responded that the “moratoria referred to consecration of bishops and authorisation of formal blessing of same sex unions. The meaning of civil partnership was unclear as it could include siblings or friends simply living in the one house,” the minutes said. However, Section 3.1(d) of the Civil Partnership Act of 2004 prohibits siblings from entering into a civil partnership.
The new ACC Constitution does concede that members of the Standing Committee may be in civil partnerships. In its definitions of “connected person” section 6.5.2 of the new constitution states that a “spouse or civil partner” of a member of the Standing Committee is prohibited from engaging in business with the new entity.
