Marsha De Cordova
Main Page: Marsha De Cordova (Labour - Battersea)
The Chair
Members may remove their jackets, because I am going to remove mine—it is too hot.
I beg to move,
That the Committee has considered the Clergy Conduct Measure (HC 221).
It is a pleasure to serve under your chairwomanship, Ms Lewell. I know that for many colleagues across the House the prospect of being on a Delegated Legislation Committee considering Church of England legislation is not the true highlight of their parliamentary week—and in this weather; I am so sorry. However, while our setting today might be routine, the legislation before us is anything but. The Measure is a cornerstone of the Church of England’s ongoing vital reform of clergy discipline and safeguarding.
During the passage of the Measure through the General Synod, the Church acknowledged that the current system has not served complainants well; they have far too often found the process to be retraumatising, opaque and painfully slow. Equally, it has not served clergy well, leaving many in a state of prolonged anxiety and limbo. The new Measure is the result of six years of detailed work to address that situation. To that end, the Clergy Conduct Measure will replace the Clergy Discipline Measure 2003 in its entirety. It is clear that the system was not fit for purpose: it was outdated and needed reform to better protect and support individuals.
Before I turn to the detail of the Measure, hon. Members will see from the report by the Ecclesiastical Committee that it initially found the Measure “not expedient” on the basis that clause 31(3) provided that the tribunal hearings were to be held in private by default. I am pleased that the Church withdrew that and the General Synod looked at the issue again. In February, the Measure was amended for hearings to be in public by default.
Concerns were also raised about the working relationship with the Church. The Church has assured me that it recognises the need to work collaboratively with the Ecclesiastical Committee and with Parliament. It should know that robust parliamentary scrutiny is not a hurdle to be cleared, but an essential part of ensuring that our legislation is fair and transparent and commands public confidence; we are, after all, legislators.
The Measure at the heart of the new system is proportional. It introduces three different tracks to allocate complaints to: as a grievance, as misconduct or as serious misconduct. Each track has its own procedure for investigation and resolution of the complaint, and by triaging cases effectively from the outset, the Measure seeks to ensure that every complaint is handled appropriately and with the right level of seriousness. Crucially, that will lead to a much quicker process. Justice delayed is justice denied, both for those raising complaints and for those facing them. By streamlining investigations and hearings, the system seeks to end the agonising multi-year delays that have so heavily characterised the current process.
The Measure also makes vital strides in aligning safeguarding and discipline processes. The one-year limitation period will be abolished for allegations of serious misconduct, meaning that those who have been seriously harmed by the Church will be able to bring a complaint regardless of when the alleged conduct took place. In cases involving children or vulnerable adults, safeguarding professionals will automatically become party to the complaint, providing critical input into the decision-making process. That alignment will be significantly better for both complainants and respondents, ensuring that safeguarding is not treated as a separate silo but is central to the disciplinary framework.
Alongside that, new statutory duties are placed on bishops to implement support for all those affected by a complaint, and there are significant protections for the clergy through the introduction of restraint orders against those who persistently harass them with vexatious complaints. For the most serious cases where the cleric is prohibited from ministry for life, the outcome of deposition from holy orders has been reintroduced.
The new system provides greater protections for vulnerable witnesses and ensures that those who have the immense courage to come forward and report abuse or misconduct are properly supported and shielded throughout the proceedings. The Measure will be supplemented by rules made under secondary legislation, which will be considered by the General Synod next month. Ideally, the Committee would have had the rules alongside the Measure, and I hope going forward that the Church will look at ways to implement this. Should that legislation pass the General Synod, it will be laid before Parliament under the negative procedure.
Behind every clause of the Measure, and behind every complaint that it will eventually govern, are real human beings. There are victims seeking justice, congregations needing leadership and clergy dedicating their lives to service. The Church has listened to survivors, to the clergy and to Parliament in devising this new system. The Measure is serious and comprehensive, and it is a response to those voices. I am pleased to commend it to the Committee today.
I thank the right hon. Gentleman for his very thorough welcoming of this Measure, and for wanting to ensure that we support it. As I said in my opening remarks, this is a progressive step forward. It brings much transparency to the process and more fairness to all, whether that is a complainant or somebody being complained about. I welcome the fact that he will be supporting this Measure.
Question put and agreed to.