Safeguarding and Clergy Discipline Measure

Lord Judd Excerpts

Thursday 28th January 2016 Lords Chamber

[Lord Judd (Lab)]

My Lords, I thank the right reverend Prelate for the very full and helpful way in which he introduced this Measure this evening, as he did in the Ecclesiastical Committee itself. I also take the opportunity to put on record my deep appreciation—I am sure I am not the only member of the committee who feels this—for the warm and very effective way in which we are led by our new chair, the noble and learned Baroness, Lady Butler-Sloss, who is an outstanding leader of our deliberations.

I very much endorse the points made by the noble Lord, Lord Cormack, which concern me deeply. I am a little more cynical than he is about the anonymity plea, because I fear that it might be counterproductive and would lead to even more gossip and speculation of a very damaging kind. I, too, despair at times about what I have always seen as the ideal foundation of British justice—that people are innocent until proven guilty. So often—too often—people are, in effect, tried, arraigned and condemned by the more irresponsible sections of the media and, indeed, by the gossip of the communities in which they live.

That is the point I wanted to make. Churches are themselves fairly close-knit communities. Particularly in smaller urban or rural areas, they are a very important part of the network of wider society. What we are looking at here can be a nightmare experience, not only for the person who is accused but also for his family and all the rest. I hope I will be forgiven for saying this—instinctively I do not like to say this, because it can sound awfully sentimental—but the basic principle of Christianity, as I understand it, is about love and the application of love in the way we live.

It seems that if we have any real, deep commitment to that principle, we ought to hear a little more—I raised this in the Ecclesiastical Committee—about the arrangements that are being made for counselling and supporting the accused individual during the period in which all these proceedings take place. Of course, if the person is ultimately exonerated, one can rejoice in the fact that he or she is exonerated but that will not undo the damage and, from that standpoint, I would like to see the other side of this coin. I am absolutely convinced that the church is to be congratulated on having faced up to something that needed to be faced up to and should have been faced up to long ago. It is extremely good that it has moved so firmly to try to do this, but the way in which the move is undertaken matters as much as the principle of the move itself, and I hope that the right reverend Prelate will be able to reassure us.

[Baroness Butler-Sloss (CB)]

My Lords, the noble Lord, Lord Judd, has been extremely kind and indeed very flattering about my chairmanship of the Ecclesiastical Committee. I should like to make one or two points about this Measure which I hope will be encouraging to noble Lords.

As a judge, I had some 35 years’ experience of sexual abuse. I was also the vice-chairman of the Cumberlege commission, chaired by the noble Baroness, Lady Cumberlege, which advised the Vatican and the then cardinal archbishop of Westminster how Roman Catholic priests, deacons and so on should be dealt with where there were allegations of sexual abuse. The proposals in the Measure now before the House were almost exactly what we recommended and they were accepted both by the cardinal archbishop and by the Vatican as a good plan for other countries, as well as this one. We also spent a considerable amount of time—over an hour—in the Ecclesiastical Committee discussing the concerns, particularly in relation to priests and their suspension.

It is important to recognise that a diocesan bishop can suspend a priest or deacon only if he is satisfied, on the basis of information provided by a local authority or the police, that the priest or deacon presents a significant risk of harm. Interestingly, in the other place Stephen Phillips MP was very critical of this Measure, saying that it was too restrictive. He wanted a bishop to be able to receive information basically from any source and to have the power to suspend. He asked why the information should be limited to coming from the local authority or the police. Quite simply, the intention is that there must be evidence about the priest or deacon of sufficient weight that either the police or the local authority safeguarding team feel it necessary to approach the bishop. If the bishop gets information from another source, it will be his job to talk to the police and/or safeguarding team at the local authority, and indeed to tell the source of the information provided to him also to get in touch with the agencies. However, that gives the priest or deacon the protection that ill-informed or tenuous evidence cannot be used for the purpose of suspension.

As the noble Lord, Lord Cormack, said, the important thing is that people are innocent until proven guilty, but you have to balance the protection of children against taking steps against adults. I had the unhappy experience of preparing a report on Chichester. A result of that report was a visitation to the diocese of Chichester. There were two priests, one of whom had died before he could be prosecuted—he would certainly have gone to prison; the evidence was overwhelming—and the second was in prison. I wrote a second report for the most reverend Primate the Archbishop of Canterbury, setting out the names of other priests who had not at that point been before the courts, several of whom are now serving sentences of imprisonment. So we have to be realistic: there are bad hats in every profession, even in the church. As the noble Lord, Lord Cormack, knows, a previous bishop of Gloucester is presently in prison. That was very bad luck for his successor, who had a very rough time in relation to that previous bishop.

So what is being offered here by the church, accepted as expedient by the Ecclesiastical Committee, is a proper balance between the protection of children and the proper approach to not finding somebody guilty of anything until the evidence has come before a criminal court, or indeed a family court if there are children involved with that particular person. It seems to me that the Church of England, along with the Roman Catholic Church, has just about got the balance right.

It is, of course, important, as the noble Lord, Lord Judd, has said, that proper counselling should be provided if necessary to the priest who is suspended. He will also get legal aid through the church for lawyers, and one hopes that these matters will not take too long. However, the process being put forward by the synod seems entirely appropriate and I hope the House will approve this Measure.