Bishops and Priests (Consecration and Ordination of Women) Measure

Lord Lloyd of Berwick Excerpts

Tuesday 14th October 2014 Lords Chamber

[The Archbishop of Canterbury]

My Lords, it is now 95 years since Parliament conferred on the Church of England the power to initiate legislation, which, following parliamentary approval and Royal Assent, becomes part of the law of England.

Most of the Measures passed by the Church Assembly and, since 1970, by the General Synod have been necessary but modest revisions of the church’s rule book and the law of England. Texts such as the Church of England (Miscellaneous Provisions) Measure 2014 or the Ecclesiastical Fees (Amendment) Measure 2011 were not framed with excitement in mind, but even they sound positively racy compared with that early piece of Church Assembly legislation considered by this House in the days of Archbishop Davidson—the Ecclesiastical Dilapidations Measure 1923. Just occasionally, though, the church brings to Parliament legislation which is of more significance and effect. The Church of England (Worship and Doctrine) Measure 1974 was one such, and so was the legislation passed by Synod in 1992 to enable women to be ordained priests in the Church of England.

This evening—or late this afternoon, as noble Lords have been so quick on criminal justice—the House has before it another piece of legislation designed to achieve a change of historic significance, at least in church terms. Its effect is to enable the Church of England, for the first time, to open all three orders of ministry—deacons, priests and bishops—without reference to gender. The process that was begun by the legislation to enable women to become deacons in the 1980s and then priests in the 1990s will at last be completed by legislation which enables women to become bishops—and indeed, archbishops, since they are not a separate order of ministry in the Church of England. Over the past 20 years many women have given outstanding leadership as vicars, archdeacons and cathedral deans. Now for the first time every post will be open to them.

For many people within the Church of England—and others, looking at it from outside—it has been a process full of frustration. It has been somewhat baffling, particularly in recent years, that something which seems so simple and obvious should have become such a considerable problem. After all, surely the big step was taken in the early 1990s with the admission of women to the priesthood. That indeed is true theologically and psychologically. What matters to most people in the church is who the vicar is. For people in parishes the person who matters most is the vicar.

Nevertheless, the Church of England at the Reformation did not opt for a system of congregational or Presbyterian governance. We remained, like the Roman Catholic and Orthodox communions, an episcopal church where bishops are the leaders in mission and ministry and give authority to others as ordained ministers of the gospel through the laying on of hands. Above all, they are the focus of unity. That is very relevant to the structure of this Measure. It is because bishops are at the heart of Anglican polity—indeed, they are included in the Lambeth-Chicago Quadrilateral as one of the four defining features of Anglicanism—that the process of securing agreement to this legislation has been so long and difficult. The heart of the dilemma has been how to try and maintain the theological breadth and diversity of the Church of England while securing a solution which avoids any appearance of equivocation over the Church of England’s commitment to equality between men and women.

In November 2012 the Measure failed and it looked as if the circle could not be squared. By a narrow margin in the House of Laity of six votes the General Synod rejected legislation at the final approval stage despite the fact that it had received approval from all but two of the dioceses in the country. In the course of last year, however, perhaps chastened by that sobering experience and the very adverse reaction across the country, people from a wide range of convictions in the Church of England came together and put together the Measure before us. The result is a very simple piece of legislation, buttressed both by a declaration from the House of Bishops setting out five key principles and by regulations, made under canon, to establish a grievance procedure with an ombudsperson, which will be overseen by independent review.

For traditional Catholics and headship evangelicals, it remains a matter of regret that the Church of England has taken the decision that it has, but they accept that the arrival of women bishops is the clear wish of the overwhelming majority within the Church of England and, in general, people have signalled their wish to remain as loyal members of this church for as long as it has a respected place for them. Similarly, for many of the advocates for gender equality, it remains a matter of regret that the Church of England has made special arrangements for those who on the grounds of theological conviction are unable to receive the ministry of women priests or bishops.

Nevertheless, the overwhelming majorities at Final Approval in the three Houses of Synod—95% in the House of Bishops, 87% in the House of Clergy and 77% in the House of Laity, majorities which in this House would be considered moderately comfortable—signal the commitment that there is to delivering this historic change while, so far as possible, maintaining the traditional diversity of the church.

It is not simply for reasons of history or nostalgia that we wish to remain a broad church. Reconciliation is at the heart of the Christian message; in fact, it has been said that it is the Christian message. It is a message which, as the discussions in this House during the past few weeks have shown, the world desperately needs. The example of being able to live with difference and yet to live in unity is called for more and more. We may regard other members of the Christian family as irritating, embarrassing or plain wrong, but they are part of the family and we do not choose our families.

There is much else that I could say, but let me in conclusion simply add two other points. First, I want to note that Clause 2 constitutes what in our view and that of government lawyers is a clarificatory provision concerning the definition of “public office” in the Equality Act. This is a complex area which we covered in some detail in our memorandum to the Ecclesiastical Committee, which is annexed to the committee’s report.

Under the declaration of the House of Bishops, there will be some occasions when some bishops—men as well as women—will need to ask another bishop to exercise some of their functions in relation to a particular parish. If episcopal posts were public offices, as defined in the Equality Act, appointing to them in the expectation that the person concerned would observe that self-denying ordinance would constitute discrimination in the terms in which the appointment was offered. We do not believe that episcopal offices fall within the definition of “public office” in the Equality Act—life Peers do not either, for that matter—but it is unclear what view the courts would take if the matter were ever tested, so Clause 2 puts the matter beyond any doubt.

Secondly, one of the many happy consequences of this Measure will be that the Benches of the Lords spiritual will in due course include women as well as men, but that could take some time if the normal seniority system were simply left to take its course. We have a bunch of young and vigorous Bishops who are not going to retire too soon, and they really do not die very often. The Synod did not have the power to include in the Measure amendments to the law on the issuing of parliamentary writs, but there has been consultation with all the main parties on the possibility of a very short and simple government Bill which could be taken through this Session to accelerate the arrival of the first women Lords spiritual. There has been solid cross-party support and I very much hope that the Government will be able to find a suitable legislative slot very shortly.

The Measure before your Lordships today is very long overdue. The arrival of women Bishops in this House is equally long overdue. I commend to you the Motion standing in my name.

[Lord Lloyd of Berwick (CB)]

My Lords, this is, on any view, an important debate, for the reasons given by the most reverend Primate. I wonder how many of your Lordships remember, as I do, the equally momentous occasion 21 years ago when we debated the Priests (Ordination of Women) Measure. That Measure, too, had a very long gestation period, but there was one speech that I particularly remember on that occasion—others of your Lordships might remember it, too—and that was the speech of Lord Runcie, who had recently retired from being archbishop to the comparative safety of the Cross Benches. I remember him describing what had occurred as having been not unlike a battlefield, in which he described himself as being one of the “walking wounded”. It was a most wonderful expression to have used, and must in itself have won over a number of your Lordships on that occasion.

I also remember him listing, quite distinctly, the qualities that he looked for when interviewing potential candidates for ordination. He went on to say that he found those qualities every bit as common among women as among men. In some ways, he thought they would add something, so he simply said, “Why not?”. I remember that I was totally convinced by that argument. I think your Lordships then were convinced by that, too. He has, of course, been proved right.

I do not overlook the fact that there are still 1,650 parishes—I think it is—where Resolutions A & B are still in force. The fact remains, however, that women priests now make up one-third of all our serving clergy and that proportion, I suspect, is likely to increase. There are already 22 women archdeacons and six women deans. Why, as has been asked, has it taken so long to take this last step? In the words of Frank Field at the meeting of the Ecclesiastical Committee, to which I shall be coming back a little later, what, in the end, has all the fuss been about? If one asks the same question as Lord Runcie asked 21 years ago, surely the qualities necessary to make a good diocesan or suffragan bishop are every bit as frequently found among women as they are among men. Therefore, to that question, I would answer an emphatic yes. Certainly, it has proved to be the case in the other Anglican communions overseas, where women bishops have been in existence for many years.

Unlike Frank Field, however—and I do not want to take up too much time—I am not surprised that it has taken so long to reach the position that we have now reached. I do not think that the church is in any way to be criticised on that account. I say that for two reasons. In the first place, the theological convictions of those who opposed women priests 21 years ago have not lessened in the mean time. Indeed, their difficulties could be said to have been, in a sense, compounded by the fact that we are now talking about the consecration of bishops and not the ordination of priests. Secondly, and equally important, there is the ecumenical argument, which is simply not to be brushed aside. One can just about imagine the Roman Catholic and Orthodox communions accepting women priests in our lifetime, but it is clear that, for them, women bishops are simply out of the question. That is clear from paragraph 25 of Annex 1, if your Lordships would like to refer to it. For those who have put so much effort into bringing the communions together, this will be a hard pill to swallow. One must bear that in mind.

For those reasons, I am not surprised that it has taken so long. As for the failure of the Synod to reach agreement, as it so nearly did, as the most reverend Primate explained, in November 2012, that was a great sadness—one suspects, particularly for the noble and right reverend Lord, Lord Williams.

However, the church was quick to learn from that failure, and the Synod was surely right to make a fresh start under the inspired leadership, if I may say so, of the most reverend Primate, for all four reasons set out in Annex 2. The new Measure seems to me to be a great improvement on the previous one. As we know, it has been passed by all the dioceses without exception with great majorities in every case. It came before the Ecclesiastical Committee, which I have already mentioned. We had a full meeting with the representatives of the legislative committee of the Synod. We asked them all sorts of questions. I remember shrewd questions from the noble Lords, Lord Glenarthur, Lord Plant and Lord Judd. It seems to me that the team led by the most reverend Primate answered all our questions to our great satisfaction. When the Motion was put, it was passed unanimously—again, unlike on the previous occasion.

I hope that we will follow the lead of the Ecclesiastical Committee and, like the most reverend Primate, I hope that it will not be long before we can welcome our first woman bishop as a Member of this House. That would clearly involve, by agreement, finding some way to accelerate their progress, but I hope that we will do just that. For that reason, I support the Motion.

Insurance: Gender Discrimination

Lord Lloyd of Berwick Excerpts

Tuesday 8th March 2011 Lords Chamber

[Lord Pearson of Rannoch]

My Lords—

[Lord Lloyd of Berwick]

My Lords—

[Lord Peston]

It is about time a Labour speaker was allowed to join in, unless they have changed the rules of the House. First, I will break a lifetime's habit and congratulate the Minister on the excellence of her answers. Is she absolutely certain that there is nothing Her Majesty's Government can do to move back on this matter? It is immensely damaging to the workings of the insurance market, which will be immensely damaging for our country in particular. Can nothing be done to get this reversed?