Commons Sense

House of Commons · Ministers' Questions

Consistory Courts: Appeals Process

Thursday 26 November 2020 · 2 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 2 Not answered 0

Key points

  • Conor McGinn inquired about the assessment of the effectiveness of the appeals process from consistory courts to the provincial court of the archbishop.
  • Conor McGinn expressed condolences and sympathy for the Keane family, whose mother's grave remains unmarked two and a half years after her death.
  • The Church of England (Miscellaneous Provisions) Measure 2020 was recently passed, providing for exemptions from and reductions in court fees.

Topics (select to filter)

Questions & Answers

Q1 Conor McGinn Lab
Religion & Faith
Context

The question arises from the need to assess the current system for appeals from consistory courts to provincial courts, focusing on its effectiveness and fairness.

Question

What recent assessment the commissioners have made of the effectiveness of the process of appeal against consistory court decisions to the provincial court of the archbishop?

Answer from Andrew Selous

The decision of a consistory court can, with permission, be appealed to the relevant provincial court, provided that the appeal does not relate to a question of doctrine, ritual or ceremonial. As in the temporal courts, an appeal must have a real prospect of success, or there should be some other compelling reason why the appeal should be heard.

Partly answered

Not addressed: The answerer did not provide any recent assessment on the effectiveness of the appeals process as requested.

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Q2 Conor McGinn Lab
Standards & Ethics Religion & Faith
Context

The question is prompted by the grief of the Keane family, whose mother's grave does not have a headstone after two and a half years. The issue also highlights potential excessive court costs for successful appellants.

Question

I want to pay tribute to the family of Margaret Keane, whose grief at the loss of their mother has been compounded by still not having a headstone on her grave to visit this Christmas, two and a half years on from her death. The family have said that Margaret is “In our hearts forever”—“In ár gcroíthe go deo”—and that sentiment is shared now by the Irish community in Britain. May I ask the commissioner—I thank him and the Church for their engagement with me and the work they do in Saint Helens in the diocese of Liverpool—if a review can take place into the current appeals system in ecclesiastical courts, whereby even successful appellants are liable potentially for huge court costs to an unlimited amount? This is an access to justice issue and one of fairness that should be looked at.

Answer from Andrew Selous

I am sure that the whole House would want to extend their sympathies to the Keane family, and I am hopeful that change is on the way. The Church of England (Miscellaneous Provisions) Measure 2020, which was recently passed by this House, provides for exemptions from and reductions in court fees in the ecclesiastical courts to be made in secondary legislation. The Fees Advisory Commission will be asked to consider these provisions and, following that, an Order in General Synod will be made next year and will be laid before Parliament.

Partly answered

Not addressed: The answerer did not directly address the specific issue of reviewing the current appeals system or excessive court costs but mentioned a recent measure for fee reductions.

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