Safeguarding and Clergy Discipline Measure
DIOCESAN STIPENDS FUNDS (AMENDMENT) MEASURE
Debate between Stephen Phillips and Caroline Spelman(8 years, 10 months ago)
General CommitteesRead Full debate Read Hansard Text
Mrs Spelman
Sorry, Mr Hanson. I should remember that, as on the Floor of the House, the courtesy is to turn towards you in order to address my colleague through my back. He will understand that that is no discourtesy to him.
Obviously, the bishop would share information with the police and there would always be a consultation. As I said earlier, the heart of the Measure is the question of balance, getting the judgment right about acting in the case of information being given without being unfair to the parties concerned.
Stephen Phillips (Sleaford and North Hykeham) (Con)
Will my right hon. Friend give way?
Stephen Phillips
I am grateful to her for giving way. I am afraid that I share the dissatisfaction experienced by my right hon. Friend the Member for East Yorkshire. What if a bishop or an archbishop is satisfied that a suspension is required on the basis of, for example, information provided or furnished by the producers of the “Panorama” programme or another television company that is investigating child abuse? On that basis, the bishop cannot act, even though he is satisfied. The question for my right hon. Friend the Second Church Estates Commissioner is why there are two safeguards: first, that the bishop or archbishop has to be satisfied; and secondly, that the information has to come from a local authority or the police. That is the point that our right hon. Friend is making and I regret to say I have not yet heard an answer.
Mrs Spelman
The bishop is not prevented from acting on other sources of information that may give rise to a suspension. Obviously, within the workplace it is customary for people to blow the whistle when something is wrong. The trouble is that previously bishops could ignore the existing guidelines and some have done so. Under the safeguarding Measure before us today, the bishops are for the first time personally responsible and also potentially personally at risk. The Measure assigns personal responsibility to them to act upon information. Any information, such as the type described by my hon. and learned Friend that the media or another source produce, should be shared with the police and the local authority. I hope that provides reassurance on that point.
I would like to continue with my speech. I was discussing the Church’s safeguarding policies. As I just mentioned, previously bishops could and did ignore the guidelines. Under the Measure, that will no longer possible. It will be misconduct for a clerk in holy orders to fail to comply with that duty.
Parochial church councils will be required in future to state in their annual reports whether they have complied with the new duty. That is a very significant change because churchwardens and parochial church councils, together with the incumbent, play an important part at parish level in the life and mission of the Church. They occupy positions of responsibility in the parish, where they are trusted and respected by others. The Church therefore needs to be able to stop those who are unsuitable from a safeguarding perspective from serving as churchwardens or as PCC members, and sections 2 and 3 of the safeguarding Measure will do that. Any person who is on a barred list under the Safeguarding Vulnerable Groups Act 2006 will be disqualified from holding office as churchwarden, serving on a PCC or being appointed PCC secretary or treasurer.
Furthermore, under section 3 of the Measure, members, secretaries and treasurers of PCCs will be disqualified if convicted of an offence listed in schedule 1 to the Children and Young Persons Act 1933. Those grounds for disqualification already apply to churchwardens under the Churchwardens Measure 2001, but when the Synod and the Ecclesiastical Committee scrutinised that legislation they realised that other office-holding roles in the parish needed to be added.
The Measure will enable a bishop to suspend churchwardens, PCC members, treasurers and secretaries on certain safeguarding grounds. The bishop will have new powers to suspend them if they are arrested on suspicion of committing an offence listed in schedule 1 to the 1933 Act. To protect lay officers from being unfairly suspended, they will have a right to appeal to the President of Tribunals, an independent senior judge, against the suspension. The bishop will also have new powers to suspend clergy on the basis of information supplied by the police or a local authority, as we just discussed.
We realise that there are judgments to be made about where is the right balance to be struck between protecting children and vulnerable adults and suspending clergy when there has not yet been an arrest or a charge, but we believe that the Measure does that. The bishop will be able to suspend only if satisfied that the cleric presents a significant risk of harm and, before the bishop does suspend, he or she will have to consult the safeguarding officer and such other people as the bishop considers appropriate. Furthermore, the suspended cleric will have a right of appeal against the suspension through the independent President of Tribunals and will be eligible to apply for Church legal aid for representation to pursue such an appeal.
Under the existing provisions of the Clergy Discipline Measure, disciplinary proceedings against clergy must be started within one year of the alleged misconduct unless the President of Tribunals, upon application, grants permission to make the complaint out of time. That is important. In such cases the President has to be satisfied that there was good reason why proceedings were not instituted at an earlier date. The one-year limitation has been criticised for inhibiting survivors of abuse making complaints, because it may take many years before they are ready to come forward to make complaints, but section 7 of the new Measure will remove the current one-year limitation for any complaint against a cleric alleging misconduct of a sexual nature towards a child or vulnerable adult. That will help survivors to achieve justice.
Under section 8 of the new Measure, in cases where the limitation period does still apply, such as in complaints that are not concerned with sexual misconduct towards a child or vulnerable adult, the bishop will have new powers of suspension so that, in serious cases, the cleric can be suspended while the President of Tribunals considers an application to allow a complaint out of time to proceed. To protect the cleric, the test the bishop must apply will be one of necessity: the bishop will have to be satisfied that it is necessary for a suspension to be imposed, and the bishop will first have to seek legal advice from the diocesan registrar. The suspended cleric will have a right of appeal to the independent President of Tribunals.
As I indicated earlier, in all cases of alleged sexual abuse or any other alleged misconduct case we need to strike the right balance between protecting the vulnerable and the damaged on the one hand and, on the other hand, ensuring that the rights of clergy are not unfairly impeded. We believe we do have that right balance in this Measure.
Stephen Phillips
My right hon. Friend is quite right that in section 8(3) the bishop cannot suspend unless he considers a suspension necessary in the circumstances of the case. Necessary for what purposes? No guidance seems to be given. Is it necessary for the purposes of the church, for the complainant, to protect other potential victims? What matters are meant to be taken into account by the bishop in reaching a decision on whether a suspension is necessary in
“all the circumstances of the case”?
Mrs Spelman
Obviously and primarily the aim is to protect children and vulnerable adults and for the bishop to satisfy himself that the steps he has taken in suspending will prevent harm from occurring. The primary purpose of the Measure is preventive and protective, in the light of the fact that, previously, when bishops could ignore the guidelines, they did. That is why it is important to introduce the Measure, and I commend it to the Committee.
Oral Answers to Questions
Debate between Stephen Phillips and Caroline Spelman(12 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mrs Spelman
I thank my hon. Friend for that observation, which underlines the point about the need to ensure that the evidence is robust and to balance the needs of all those who require access to our marine and coastal waters, but who have at heart the health and welfare of our seas. We need to ensure that the evidence base is robust.
Stephen Phillips (Sleaford and North Hykeham) (Con)
4. What steps her Department is taking to support food producers in Lincolnshire.