Safeguarding (Code of Practice) Measure (HC 689)

Andrew Selous Excerpts

Tuesday 21st September 2021 General Committees

[The Chair]

Before we begin, may I encourage Members to wear masks when they are not speaking? This is in line with current Government guidance and that of the House of Commons Commission. Please leave enough space between seats, if you have not done so, and thank you to those who have done. Please give space to Members and staff when leaving the room. Members should send their speaking notes via email to hansardnotes@ parliament.uk. Similarly, officials in the Gallery should communicate electronically with Ministers.

[The Second Church Estates Commissioner (Andrew Selous)]

I beg to move,

That the Committee has considered the Safeguarding (Code of Practice) Measure (HC 689).

It is a great pleasure to serve under your chairmanship, Ms Ali. I hope not to detain the Committee for too long.

I introduce the Measure with a great deal of humility, given that there have been some appalling cases of abuse by people in influential positions in the Church. The Church, like many organisations, has been scrutinised by the Independent Inquiry into Child Sexual Abuse, IICSA, which has recognised that the Church has taken steps to tackle abuse such as the passing of the Safeguarding and Clergy Discipline Measure in 2016. However, IICSA said that the way in which the 2016 Measure imposed obligations on individuals and organisations in the Church to follow correct safeguarding practice was not as clear as it should have been. In particular, the 2016 Measure said that relevant persons must have “due regard” to safeguarding guidance issued by the House of Bishops. IICSA said that the term “have due regard” to safeguarding guidance was not well understood and referred to it as a “term of art”. IICSA said that “due regard” should be replaced with a requirement that was more explicit. In section 1(4) it states that a relevant person “must…comply” with the requirements imposed by the code of practice.

Secondly, the Measure adds to the list of relevant persons who must comply with the requirements of the code. Cathedral Chapters, diocesan board of education, diocesan boards of finance, staff members of the Archbishops’ Council and staff who work in dioceses, parishes, cathedrals or for mission initiatives, all of whose work relates to the safeguarding of children or vulnerable adults, are all now included in section 1 (2) sub-paragraphs (h),(i) (j), (m) and (n).

Thirdly, the Measure adds in section 5C (2) a power for bishops to suspend church wardens where she or he has failed to comply with the requirement of the safeguarding code of practice. A church warden who is suspended for non-compliance with the code of practice will have the right of appeal to an independent judge.

The code of practice and any amendments to it will be subject to prior consultation with those who have suffered abuses as well as with representatives of clergy and laity, and will be subject to scrutiny by the General Synod. The code and any amendments will be sent to every member of the General Synod as well as being published online, and if 25 or more members of the Synod give notice that part of the code will not come into force until the Synod has debated and approved it.

The code of practice itself will be in several parts and we intend to bring the provisions into force as soon as possible. The first new code brought into force is expected to be the one concerning “learning lessons case reviews” followed by one on “managing allegations”. It is expected that the consultation on the learning lessons case reviews will take place before the end of this year, and on managing allegations early in 2022.

We are currently in a transitional period where the House of Bishops safeguarding guidance continues to apply until such time as the new codes of practice have been approved. Existing guidance is still being improved in the interim such as the “Responding well to victims and survivors of abuse” guidance, which was approved earlier this month.

Finally, let me end as I began, with humility for all that the Church has not done well in this area by quoting the Archbishop of Canterbury’s evidence to IICSA in 2019. He said as follows:

“Overall, I remain utterly horrified by what we have done in the past, our failures, and no doubt there will be failures going on…we have made small progress. We have a long way to go.”