The Synodical legislative process
A new Measure or Canon usually has its origin in a motion
passed by the General Synod asking for legislation to be
introduced, often after a review group has been commissioned by the
Synod to examine a particular issue and report back its
conclusions. The Synod may request that draft legislation be
introduced to implement the recommendations of such a report in
whole or in part. A legislative drafting group may be formed to
draw up the draft legislation before its formal introduction into
the Synod.
FIRST CONSIDERATION
The Business Committee of the General Synod will decide
when draft legislation is to be formally introduced into the Synod
for its First Consideration. At this stage the Synod is asked
simply to endorse the general approach and direction of the draft
legislation. In advance of First Consideration, the Appointments
Committee will appoint Synod members to form a Steering
Committee of 'members in charge', who will have the
responsibility of guiding the legislative package (which may
include an Amending Canon and/or a Measure with or without
connected subordinate legislation) through the relevant Synodical
stages.
REVISION
As and when the draft legislation passes the First
Consideration stage, a Revision Committee will be appointed to
consider proposals for its amendment, with the members of
the Steering Committee always being ex officio members of
the Revision Committee. The Synod's Standing Orders specify that
the Steering Committee must not make up a majority of the total
membership of the Revision Committee, which in practice almost
invariably means that they are in the minority.
Following First Consideration and the committal of draft
legislation to a Revision Committee, any Synod member has the right
under the Standing Orders to submit proposals for amendment to be
considered by the Revision Committee as it goes through the draft
legislation in detail. A Synod member may attend and speak to his
or her proposals at any meeting of the Revision Committee at which
they are being considered.
When the Revision Committee has completed its work, it will
return the draft legislation to the Synod with a report on its
deliberations and specifically on any amendments it has made. Then,
in what is known technically as the Revision stage but which is
often referred to as 'Revision in Full Synod', the Synod itself
goes through the draft legislation in detail, again clause by
clause. At this stage Synod members have the right to propose
amendments in any area covered by the Revision Committee's
report.
FINAL DRAFTING AND FINAL APPROVAL
At the end of the Revision stage, a draft Measure or Amending
Canon will return to the Steering Committee, which can then propose
limited amendments at the penultimate stage of Final Drafting. The
end of the Synodical process is Final Approval, a general debate,
when no amendments are possible, and which ends with a vote by
Houses.
If the motion for Final Approval is passed, Measures then stand
automatically committed to the Legislative Committee of the General
Synod, which discusses their presentation to Parliament and in
particular approves 'Comments and Explanations' for submission to
the Ecclesiastical Committee. Canons are not
subject to Parliamentary approval and instead are forwarded for the
Licence and Assent of the Sovereign and then return to the Synod to
be 'promulged', a formal procedure which gives them full force and
effect on the Church of England.
Subordinate legislation such as Orders and Rules is usually
dealt with in one debate (although it may previously have been
considered by a Revision Committee alongside a related Measure) and
in most cases, but not all, amendments are in order. If approved,
such legislation is then laid before Parliament as a statutory
instrument, generally under what is known as the 'negative
resolution' procedure. This means that if no member of either House
asks for a debate within forty sitting days, the Statutory
Instrument is approved.