Clergy Conduct Measure
Debate between Lord Bishop of Manchester and Lord Kennedy of Southwark
The Lord Bishop of Manchester
That this House do direct that, in accordance with the Church of England Assembly (Powers) Act 1919, the Clergy Conduct Measure be presented to His Majesty for the Royal Assent.
Captain of the Honourable Corps of Gentlemen-at-Arms and Chief Whip (Lord Kennedy of Southwark) (Lab Co-op)
My Lords, I have it in command from His Majesty the King to acquaint the House that His Majesty, having been informed of the purport of the Clergy Conduct Measure, has consented to place his interest, as far as affected by the Measure, at the disposal of Parliament for the purpose of the Measure.
The Lord Bishop of Manchester
My Lords, the Clergy Conduct Measure is a vital part of the Church of England’s ongoing reform of clergy discipline and safeguarding. During the passage of this Measure through the General Synod, the Church has acknowledged that the current clergy discipline system does not always serve complainants well. Too often, they have found the process opaque and painfully slow. Equally, it has not served clergy well, leaving many in a state of prolonged anxiety and limbo, worried they will lose house and job.
This new Measure is the result of six years of detailed work to address that situation. The key principle at its heart is proportionality. The system introduces three different tracks that complaints will be allocated to: as a grievance, as misconduct or as serious misconduct. Each of those tracks has its own independent procedure for the investigation and resolution of the complaint. So, by triaging cases effectively from the outset, the Measure seeks to ensure that every complaint is handled appropriately and at the right level of seriousness. Crucially, this will, we believe, lead to a much quicker process.
The Measure makes vital strides in aligning safeguarding and discipline processes. The one-year limitation period is abolished for allegations of serious misconduct, meaning that somebody who has been seriously harmed will be able to bring a complaint, regardless of when the alleged conduct took place, without having to seek special permission. In cases involving children or vulnerable adults, safeguarding professionals will automatically become a party to the complaint, providing critical input into the decision-making process. This alignment will be significantly better for both complainants and respondents. It ensures that safeguarding is treated not as some sort of separate silo but as absolutely central to and integrated within the disciplinary framework.
Alongside this, new statutory duties are to be placed on bishops to implement support for all those who are affected by a complaint. There are also significant protections for clergy: the introduction of restraint orders against those who persistently bring vexatious complaints—and we have them. For the most serious cases, where the cleric is prohibited from ministry for life, we have reintroduced deposition from holy orders: what used to be called being “defrocked”. That disappeared with the last clergy discipline Measure, but one thing that came out of the IICSA inquiry was the need often for victims and survivors to know that this person is no longer even legally a member of the clergy, whether or not they are allowed to function as a member of the clergy.
The Measure will be supplemented by rules made under secondary legislation. That will be considered by the General Synod next month and then laid before Parliament. I have been part of the committee drafting those rules, and I can assure noble Lords that they provide further safeguards, including robust case management powers for tribunal judges, greater protection for vulnerable witnesses by way of special measures when giving evidence, the power to appoint litigation friends for children and those with a disability or who lack capacity, and prohibitions on harmful cross-examination during hearings, unless an advocate has been appointed. These provisions basically mirror the best practice nowadays in the secular courts.
During the passage of the Measure to the General Synod, a very wide consultation took place. I am very pleased that the Church of England employee and clergy advocates, who are part of the faith workers’ branch of Unite and represent over 2,500 clergy and employees, have this week confirmed to me their support for the Measure being passed by your Lordships. I will leave it to the noble and learned Baroness, Lady Butler- Sloss, to take us through this in a little more detail in a few minutes’ time but, as noble Lords will be aware, when we first took this to the Ecclesiastical Committee, it found it “not expedient”. That had not happened since the early 2000s, but it is scrutinising us with great assiduity at the moment, which we appreciate.
The principal concern was that the original draft of Section 31(3) provided that disciplinary hearings would be held in private. The committee asked the Church to look again at that, and we did. The Measure was reintroduced to the General Synod in February and that section was amended, so that the presumption is now that hearings will take place in public—although not always, and I may say more on that later if noble Lords are interested. The Church is very grateful for the work of the Ecclesiastical Committee and, indeed, your Lordships’ House in scrutinising our Measures. We have better legislation because of it, just as the nation has better legislation in secular law. The revised Measure obtained overwhelming support on final approval in the General Synod. There were no votes against, which, considering the wide range of people on the General Synod of the Church of England, is quite something.
The Church is very aware that there remains further work to be done on our safeguarding structures. That work is continuing. It will come to the General Synod and to Parliament in due course, as will the rules for this Measure. The Measure is not a silver bullet—it does not resolve all past safeguarding issues in the Church—but it is a necessary and important step forward in how discipline is administered, and one that will be a benefit to all those who take part, both those who have proper complaints or grievances and those who are respondents to those matters. The road to reform has been a long one and I know there are many well beyond this Chamber who, according to your Lordships’ pleasure, would wish to see this Measure now obtain Royal Assent. I beg to move.