Reuse of graves – further considerations

Cemetery development at the local and national level

Re St Peter Terwick [2017] ECC Chi 2 is a relatively straightforward case concerning the development of a churchyard through the re-use of land formerly used for burial. However, it is important since in addition to the Chancellor’s summary of the diminishing availability of space for burial, the judgment records “the exemplary manner in which the parish has set about converting its aspiration into reality”. The Chancellor suggests that “parishes elsewhere should not be deterred by the need to ‘lift and deepen’ or to re-position memorials”; furthermore, he indicates that in future cases, the court would be happy to give directions to address and determine preliminary issues where proposals for the reuse of graveyards are under consideration. Continue reading

Law and religion round-up – 7th May

Striving always to provide a strong and stable blog rather than a coalition of chaos…

 …following the example set in the House of Commons:

Paul Flynn (Newport West) (Lab): On a point of order, Mr Speaker. You and I are familiar with the syndrome of pre-election tension that afflicts this place. You are concerned for the wellbeing of Members, particularly the hon. Member for Lincoln (Karl McCartney), but I believe that what we have seen today is a sudden outbreak of parliamentary Tourette’s. The rumour is that something known as a “Crosby chip” has been implanted in the brains of Conservative Members that compels them to say “strong and stable” every 18 seconds and “coalition of chaos” every 38 seconds. Can we inquire into whether the affliction is permanent or one that can be cured? Continue reading

Municipal cemetery development and the faculty jurisdiction

The boundary between ecclesiastical and statutory legislation

The challenges faced by cemeteries and churchyards in meeting the current shortage of burial space have been considered in earlier posts, primarily in relation to the re-use of graves and more recently in the case of the development of a private cemetery. The recently-reported example of Camberwell Old and New Cemeteries broadens these considerations to the wholesale development of areas of consecrated ground within a municipal cemetery, and the interface between the faculty jurisdiction and secular provisions. Continue reading

Ecclesiastical court judgments – February 2017

Review of the ecclesiastical court judgments during February 2017

February’s consistory court judgments have included:

In addition, the determinations of two CDM tribunals have been published, and we have published individual posts on the development of a Private Bill in relation to cemetery development, and on the attestation of York Minister Constables in order to give them police powers. Continue reading

Private cemetery development

A Private Bill for cemetery development

Tuesday 7 February marked the second day of the Committee stage of the European Union (Notification of Withdrawal) Bill. Policy wonks scouring the House of Commons Order Paper could therefore be forgiven for skipping over the section on Remaining Orders and Notices and missing the Private Business of New Southgate Cemetery Bill, the focus of this post. Whilst not quite as newsworthy as this (or even the Westminster Hall debate on overly aggressive seagulls in Torbay), it is a little closer to our core “law and religion” interests, highlights some of the issues associated with cemetery development, and provides a useful chronology of a Private Bill on this topic. Continue reading