THE CHRONICLE OF CONVOCATION Being a Record of the Proceedings of the Convocation of Canterbury Tredecima Convocatio Elizabetha Secunda Regnante The Full Synod and the Lower House in the Sessions of 11 July 2014 Session III Published for the Convocation of Canterbury. © The Convocation of Canterbury OFFICERS OF THE CONVOCATION OF CANTERBURY President HIS GRACE THE ARCHBISHOP OF CANTERBURY Lambeth Palace, London SE1 7JU Prolocutor of the Lower House The Venerable Christine Hardman Pro-Prolocutors The Reverend Prebendary David Houlding DD (Hon) The Reverend Prebendary Stephen Lynas Registrar of the Convocation Mr Stephen Slack, Solicitor Synodical Secretary, Actuary and Editor of the Chronicle The Reverend Stephen Trott MA LLM Ostiarius Mr Clive McCleester, Custos and Head Virger, Winchester Cathedral STANDING COMMITTEE OF THE LOWER HOUSE The Venerable Christine Hardman (Prolocutor) The Reverend Prebendary David Houlding (Pro-Prolocutor) The Reverend Prebendary Stephen Lynas (Pro-Prolocutor) The Reverend Simon Cawdell The Reverend Canon Robert Cotton The Reverend Canon Dr Stuart Currie The Reverend Mark Ireland The Reverend Hugh Lee The Reverend Anne Hollinghurst CONVOCATION OF CANTERBURY Tredecima Convocatio Elizabetha Secunda Regnante SESSION III Friday 11 July 2014 Minutes of the Full Synod and the Lower House SESSION III Friday, 11 July 2014 Held at the University of York CONVOCATION OF CANTERBURY The Convocation of the Province of Canterbury assembled in FULL SYNOD in Room PX 001 at the Exhibition Centre of the University of York at 1.15pm. Full Synod 1. PRAYERS Opening prayers were said by His Grace the President. 2. ASSESSORS The President invited the Prolocutor to appoint Assessors for the day. The Prolocutor appointed as her Assessors for the day the Revd Canon Gavin Kirk (Lincoln); the Revd Canon Catherine Grylls (Birmingham); the Revd James DudleySmith (Bath & Wells); and the Revd Canon Rebecca Sawyer (Chichester). 3. MOTION: DRAFT GUIDELINES FOR THE PROFESSIONAL CONDUCT OF THE CLERGY “That this Convocation: (a) Express its gratitude to the Joint Working Party for its work in producing a revision of the Guidelines for the Professional Conduct of the Clergy; (b) Commend the revised Guidelines to the General Synod for its consideration; (c) Request the working party to prepare a final version of the revised Guidelines for approval by the Convocations following their consideration by the General Synod, taking account of comments made in the course of their consideration by the Convocations and by the General Synod.” The President: Thank you very much. We now turn to the Draft Guidelines for the Professional Conduct of the Clergy. This is a formal debate structured much as we do a debate in the General Synod. It is Item 3, which I have agreed with the Prolocutor should be considered in full Synod. My aim is that we should have completed the debate on this item by no later than 2.15. If I need to shorten the speech limit at an early stage to achieve that, I will do so. In any event, I would be grateful if members could keep their contributions succinct and to the point. I now call upon the Prolocutor to move the motion at Item 3. She may speak for up to ten minutes. The Prolocutor: I want to begin by saying how grateful I am on behalf of you all in the Convocation to the Convocation Working Party for all the work that has been done on the draft document that you have before you. I particularly want to thank Fr David Houlding, as Chair of the Working Party, and its Secretary, Rev Stephen Trott, but all the members have worked for rather longer than they thought they might have had to do on this, so it was a sterling piece of work. Thank you. I also want at this point - and I shall return to it later - to acknowledge our deep debt to Dr Francis Bridger for the superb Theological Reflection that he has written for our Guidelines. The Guidelines that you have before you in draft form are not a new document. They are, of course, a revision of the 2003 version of the Guidelines which you will find on the web. When Canon Hugh Wilcox, who was then Prolocutor and Chair of the then working party, introduced the Guidelines to General Synod in 2003, he stressed that the Guidelines were not draft legislation; they could not be set in stone; and they reflected good practice in the context of the imperatives laid on every priest (and deacon and bishop actually) by the Ordinal and by Canon Law. They were there to help those who, as Archbishop Ramsey said, bear the burden of pastoral ministry, recognising the risks, the vulnerabilities and the uncertainties that any pastoral encounter always brings. It was recognised in April 2003 that the Guidelines could not be the last word on the subject. This is a document that has to be a moving document, a live document not set in stone, and it would be, they said in 2003, for the Standing Committee of the Convocation of Canterbury and the assessors of the Convocation of York to decide how to keep the subject under review and to bring forward amendments as necessary from time to time. This is indeed what the Joint Standing Committee did. In January 2010, so quite a while ago, the Joint Standing Committee of the Convocations agreed to set up a small Working Group under the chairmanship of Fr David to undertake what was called a “light revision” of the document in line with the principles which had undergirded the original Guidelines, but recognising the need to take account of the changing context. Actually here has been quite a lot change in context. The change in society generally, particularly our increased awareness of the need for superb safeguarding regulations and rules, the use of computers and social media but also, and importantly, the introduction of things like the Clergy Discipline Measure and the Ecclesiastical Offices (Terms of Service). A lot has changed since 2003. This task has therefore been much lengthier than was envisaged at the beginning. It has to be said that there are two areas that I do need to draw to your attention that have been the subject of much of our discussions as we have looked at these things. The first one is section 3, the whole area of the Guidelines relating to the Seal of the Confessional. This is clearly particularly sensitive, as was recognised right from the outset. This particular section has received more scrutiny than any other section in the Guidelines, and we do believe that it has been carefully scrutinised to ensure that it accurately reflects the legal position as it stands at the moment. We had to come to acknowledge in the Standing Committee that although there are still sensitivities, we are not ourselves in a position to be able to resolve any further issues on this, which is a matter for the whole Church of England. We had not got the authority to resolve any of these difficulties. It is as good as we could get it. Also safeguarding is much, much, much more significant and in front of our face than it ever was in 2003, thank goodness, so we are all conscious in the context and the light of recent developments that this text now, which has a slightly different tone you will see, takes account of suggested amendments from the National Safeguarding Officer, so that is on that. That is the history. A little bit of explanation about some of the difficulties and challenges we have been facing. Why do we need these Guidelines at all? I would like to firmly commend them to you as being something that is important for the clergy themselves, for the Church as a whole and for our standing in the society in which we minister. Clergy deserve to have some clarity about what is expected now in our context in terms of proper and professional exercise of ministry. Society as a whole now expects all professions to be open to scrutiny and to be accountable, and should the Church seek to avoid doing that we would be damaging our mission and ministry in this country. We need to be open to scrutiny. We need to show that we are not afraid to be so open. The Church itself needs something like this as Guidelines, because, as Francis Bridger says in his superb reflection, the misconduct of one minister reflects upon the standing of the Church and the trust that people can place in the Church. Just being a professional no longer is enough. “Trust me, I am a doctor” does not work in the medical profession and it would not work for us either, and we need to acknowledge that. So pragmatic reasons are there why we need these guidelines, but, beyond that, I really want to encourage you, if you have not read it, to today if possible read that Theological Reflection by Dr Francis Bridger in the appendix, because what he explains so profoundly and so well is the need to have a theology of professionalism in which we root our vocation as ministers in the Church of England. He explains to us that a theology of professional responsibility is where we should be rooting ourselves and not to allow the words “professional” or “profession” to be hijacked by those who would see it as managerialism and a list of competencies. He refers us back to look at the proper meaning of “to profess”, “to make profession”, aligning having a vocation with being a professional. With a theology of vocation it then becomes possible to reinvest, as he writes, the idea of profession with a transcendent moral dimension. So this is not just a pragmatic thing. This is about rooting our very understanding of what it is to be a priest, deacon or bishop in the Church of England in a profound sense of vocation, rooted in the proper sense of professional, and also rooted in the Ordinal which is still how these Guidelines are structured. The Guidelines are rooted in a theology of vocation, set in the context of the Ordinal. So that whatever else happens, that is something that can inform us and help us and inspire us in those three concepts that Francis Bridger uses which is a covenant, relationships having a covenant quality, agape and virtue. I think this is quite significant and probably the most important part of the Guidelines almost. Years ago I wrote a research report and I showed it to my husband who was a journalist then and asked him to critique it. He said, “You could take out the whole of your introduction and put it in an appendix.” When I got over my annoyance at this, I realised that he actually was right. I have come to think with this report that actually the opposite is true and what is in an appendix we may want to consider putting more upfront so that the Guidelines are set in the context of the Theological Reflection that Dr Francis Bridger makes, but that is for another day. What is going to happen now? We are going to have a debate on this and you are going to make your comments, which will be noted and carefully listened to, and then I am going to urge you to pass the motion and commend the revised Guidelines to General Synod. They will then be brought to General Synod for a ‘take note’ debate, if it is your will and we so pass the motion today, and then having noted what was said in Convocation, and what is then said in the General Synod debate, the Working Party will bring back a final version for your approval in the Convocations. So that is the process. So in the light of all that, I would like to strongly urge you to share your wisdom with us now and then pass this motion when we come to vote on it. The President: Thank you very much. The matter is now open for debate and those who wish to speak, if they would be kind enough to indicate by standing in their places. The initial speech limit is five minutes. There is a roving mike. Sorry, I should have said there is a roving mike. You will have to forgive me, I have still got my ‘L’ plates on when it comes to Convocations. The Chair imposed a speech limit of five minutes. The Revd Canon Robert Cotton (Guildford): Thank you, your Grace. I am grateful for all the work that has gone into this, but I want to raise continuing serious concern about section 3. This is about confidentiality and the Confession. This is going to be about both substance and indeed presentation. The Carmi Report was published I think only a week or so ago, something modelled on the serious case review about various happenings in and around Chichester Diocese and Cathedral. It was written ten years ago but it was only published last week. Reading that, there is clearly still serious contradiction between what that group is recommending and what is now in front of us published in section 3. Firstly, they draw attention to the dangers of a culture of closed communication, and therefore in the introduction to the Guidelines when on page 2 it says that this is written by clergy to clergy, I am concerned that that underlines that we are going into a dangerous space if it is seen largely as clergy telling other clergy how to behave. But more important than that, the Carmi Report refers to the difficulties that surround times when confession has been sought. Note, nothing about whether absolution was granted, which is the sort of let out that is used in the Guidelines in paragraph 3.6, but the difficulties that come when confession is sought, referring to circumstances that include child abuse and then nothing is done about it, no reporting, no further action. Our paragraph 3.6 in the Guidelines still allows that to happen. Even ten years ago that was saying this is not acceptable. What is odd is even more the conflict between paragraph 3.8 and what is recognised in the Carmi Report as the diocesan procedures that were extant even in 2004 and may well have been changed and tightened up in the last ten years, where it says very clearly, a phrase that we might be familiar with, “the welfare of the child is paramount”. Yes, it acknowledges there is a general presumption in favour of confidentiality but, even in the light of that presumption, the welfare of the child is paramount. Those are words found in the Chichester diocesan procedures ten years ago and I am still not convinced that 3.8 fully acknowledges that. But more important even than that is what comes up towards the end of this section of the Carmi Report where, in coming down to a fundamental appreciation of how you combine a need for confidentiality and a recognition of a responsibility of reporting, the group that wrote this report said, “We fell into two different camps; there was no consensus.” One group said, “We believe that in the end the confidentiality of the Confessional must be preserved”, and that is what is present within our section 3 here in the Guidelines. But clearly half the Steering Committee who wrote this report said, “We cannot adopt that. We cannot support that. That does not allow us to put the welfare of the child paramount.” Acknowledging that a group of professionals, which included Church people split into two groups, could not agree, if that is the context I think it is very dangerous that our Guidelines take one side only. I cannot support section 3 as it is written and I believe it is unwise to so clearly take one side of the argument. We need a section 3 that is more nuanced, recognising that we are become pulled in different directions, and I urge us to accept the Guidelines as they stand without endorsing section 3. The President: Thank you. After this speech I will reduce the speech limit to three minutes. The Revd Dr Philip Plyming (Guildford): I would like to thank all those who have worked so hard on updating and expanding these professional Guidelines. They are helpful in many respects and there is no doubt that they outline very clearly the high calling which clergy have, and that is certainly right. I want to draw our attention, however, to one place where I think there is a risk that the Guidelines expect more than can actually be delivered. The area I mean is the entirely new paragraph 2.2 and in particular the second sentence: “They [clergy] should be unbiased in their exercise of pastoral care, and be seen to be impartial, especially when providing pastoral care to one party in a dispute between two people”. I can understand the motivation behind this sentence that clergy should not be known for frequently taking sides, and most of us here have experienced the complexities of parishioners going through a divorce. However, phrased as it is, the Guidelines leave certain important questions hanging, particularly regarding impartiality. For example, in a situation where a clergyperson becomes aware of domestic abuse within a marriage of parishioners, is it his or her calling really to be impartial? Or, to make it more concrete, if he or she were to see both parties separately and, after listening and reflecting, counsel the one to move out of the home to a safe space and to offer the other party, among other things, a rebuke for their behaviour, would that fail to meet the impartiality test? Would it not be the case that the clergy person would be open to a complaint by the abuser for not being impartial in offering pastoral care? My point is that for clergy to be seen as impartial all the time is an impossible demand. Ministry involves making judgements all the time, including in a pastoral context involving two or more people. We have to be free to let other considerations of justice and truth modify the desire for impartiality. If impartiality becomes the trump card then I fear that could lead to clergy being very distant in their pastoral care, not wanting to offend one person or the other, and that, I suggest, would not be consistent with the calling expressed in the Ordinal to be Messengers, Watchmen and Stewards of the Lord. I agree that clergy cannot give up on people who are in their cure. Provision of pastoral care is important to all those who seek it. However, this paragraph promises far more than that. My suggestion is that it is amended to refer to “provision of pastoral care” rather than “exercise of pastoral care” and that the phrase referring to impartiality is omitted otherwise this guideline, if followed, will result in clergy being fearful of making any judgements in pastoral care situations. That may not be the intention but it may well be the result. Thank you. The President: Could you also say your name and number when you speak, it would be very helpful. The Chair imposed a speech limit of three minutes. The Revd Canon Dr Hazel Whitehead (Guildford): I am the Director of Discipleship, Vocation and Ministry for the Diocese of Guildford. I have been that for nine years, a member of the Bishop’s Staff and a member of the Appointments Meeting which deals with all these very things, and so my observations are based, as others are, not on hypothetical situations but actual examples that we have every week in every month. Like others, I really, really welcome this Report, the progress that has been made, the Theological Reflection and overall I am really very supportive of it. Especially I welcome the intention to do something which is quite difficult, which is to hold the affirmation and wellbeing of clergy alongside the equally important need for accountability. As the Guidelines say, and as the Ven Christine Hardman has already said, this is for the sake of the clergy but also the sake of the Church and, dare I say, the Kingdom. Within that context, I have just a few headings and I will try to keep them brief. I endorse everything Robert Cotton said about absolution, so I will leave that one out, but in terms of safeguarding training, which is coupled with that, I think this needs to be tightened up. In paragraph 2.1 we say that clergy should ensure others have safeguarding training, which is good, and in 2.9 it says, “Clergy must have appropriate current training”, but this could be spelt out more clearly because it might mean they should have it provided; it does not actually say they have to do it in a mandatory fashion and that there will be a penalty if they do not. In 6.6 and 6.7 where we speak about those with “permission to officiate” there is no mention of safeguarding training for them. In Guildford, if you ask for PTO you have to do safeguarding before it is granted. In the areas online and social media, I welcome this new addition but also would make it stronger, especially in terms of email access and Facebook. We have had a clergyperson whose address was janetandjohn@thevicarage, or something similar, where you had to assume that if you wrote to Janet, the vicar, her husband John might just as easily answer the email and definitely read it. When we come to schools, 4.6, the Bishop of Oxford has spoken recently in our diocese on the importance of seeing all schools and all schoolchildren as our mission field and part of our duty of care. This section speaks very well of Church schools but I would like that changed to include all schools, where possible, and all children. It is exclusive in a way which we are trying not to be. The President: Just coming to the end if you could. The Revd Canon Dr Hazel Whitehead (Guildford): Finally, the balance between duty and family care. The reflection at the end tells us the rights of the helper are less than the rights of others and I see this as being very in favour of clergy, which is good, but not enough accountability, and I quote: “We didn’t do Ash Wednesday this year because it was halfterm”. The President: Thank you. If I can remind you it is a three minute speech limit. The Revd Andrew Dotchin (St Edmundsbury and Ipswich): There are some things that we obviously need to address about this, but firstly I would like to say well done. All in all it is an incredibly well-crafted piece of work and if any bishop were foolish enough to invite me to lead an ordination retreat I suspect I might quarry my address as in this Report. There are some particularly important parts. I note in our own deanery the reminder to parochial clergy that “funeral care is for everybody in your parish” in 12.12 would be very important. Again, coming back to paragraph 3, my particular concern here is mentioning an offence in 3.6. For example it says, “the abuse of children or vulnerable adults”. I hope the press have not seen that. If they do, I hope they hear from this Convocation that we do not like that wording, we are still working at it and we need to do something different about it. Yes, I understand there is a chicken and egg situation, it needs to be the mind of the Church of England, not the mind of the Convocation, but please let us have something put in train, that has happened in other provinces throughout the Anglican Communion, that specifically excludes these offences or we will find ourselves very soon in a situation where we will be breaking civil law or Canon law or breaking Canon law and complying with civil law. The Revd Canon Dr Simon Taylor (Derby): Again, can I echo the thanks to all involved in putting this together, it is a superb piece of work. Part of my job entails working with curates and each year we look at the guidelines for the professional conduct of the clergy and I look forward to the year when this can be the text in front of them. I cannot be alone in finding the reference in 3.5 to the “unrepealed proviso to Canon 113 of the Code of 1603” a little difficult to comprehend. I did go and chase that down. It stands in the supplementary material to the Canons, so some guidance as to its legal validity given it is supplementary material would be interesting, and it states that, “We do not in any way bind the minister by this our Constitution but do straitly charge and admonish” whereas the Guidelines in front of us say very bluntly that it “forbids” a parish priest to give word to what has happened under the Seal of the Confessional. The kind of result of the unrepealed, what is it, unrepealed proviso, talks about the “pain of irregularity”. I am not sure what that is and some guidance for that would be helpful. It is not a very satisfactory matter to leave it with this kind of language, with this very obscure piece of legal text, so I would like to echo everything that Robert Cotton said earlier, this stuff does need to be changed. One last point, which is that in 3.4 it speaks of “guidance from the House of Bishops”. I am not aware of any such guidance in existence. If such guidance does exist perhaps it could be more widely publicised or perhaps the House might like to help out the clergy by providing such guidance. That would be greatly appreciated, I think. The President: Thank you very much. The Revd Canon Simon Butler (Southwark): Thank you, your Grace. It is by the nature of this document that as you read it you reflect on your own ministry and the things that are actually live for you, and what is live for me at the moment, not in terms of my own reception of ministry from others but the practice of my ministry, is section 11, which is at the reception and exercise of discipline. This is an area, I think, where we all fear to tread. It is one of those things, like safeguarding, that really causes us to lose sleep, how we exercise discipline, how we care for others in the exercise of that ministry as well. As I read section 11, I find it entirely satisfactory in terms of the second questioner’s point about accepting the discipline of the Church but entirely absent is any reference to the ministering of the discipline of the Church and how we might exercise that ministry in a way consistent with professional and Gospel standards. It seems to me that it would be helpful if in the revision of this document, which I fully support, we could have a little bit more guidance in a very general way, because this is by nature a general document, that will assist us in reflecting on what it means in those very difficult moments where the exercise of pastoral discipline and the way it borders on capability in terms of licensed and unlicensed ministers can be exercised. I would find that extremely helpful. Thank you. The Revd Dr Patrick Richmond (Norwich): Thank you, your Grace, for calling me. I would like to echo all that has been said about the section on reconciliation and add that later in section 12.5 more comments are made about confidentiality. I think it would make sense to move those at the very least to that earlier section on reconciliation which is so dominated by the Confessional and its Seal. If repetition is a problem then I think it makes sense for it to come earlier in the document. The instructions about seeking legal advice and advice on child protection would seem to me to be something that we need repeated, but if not repeated then to see it straight up in an attempt to gain the balance that is required. I would also like to express my thanks for the theological reflection and just say that as a first time incumbent I was very aware that there were all sorts of different sorts of power and I found that though I might have some formal and authorised power, there were many people who at least looked older than I was and had an established role in the parish and these relationships and power relationships were set up very early, much earlier in fact than the pastoral guidance I received from the powers that were set in authority over me. So one can be very vulnerable to manipulation and to coercion, both from a vicar and by parishioners dealing with a new vicar who is a lot wet behind the ears, and so I would encourage the guidance to recognise the different forms of power, the way that bullying can be exercised by incumbents and clergy and bullying can be exercised by parishioners and encourage those with pastoral care, particularly for newcomers, to establish realistic expectations from the very word ‘go’. Thank you. The Very Revd Andrew Nunn (Southwark): I am also on section 3. I teach the IME course on hearing confessions and safeguarding in the Diocese of Southwark and I would never give people the advice - which section is it - in 3.6 that I would get somebody to agree that they will go to see the police and I, on the basis of that, would give them absolution. I think the withholding of absolution is something within the process of getting somebody to disclose what has been going on and accompanying that person. That is the kind of advice that we would normally give and is in accordance with the guidance of the House of Bishops which is in all the documentation about safeguarding. It is 3.8, I think, which is particularly concerning because I think one of the riches of sacramental confession and the very particular context means that confidentiality there is very specific to those circumstances whereas the idea that just because we can be trusted therefore everything carries the same level of confidentiality is absolutely unworkable in relation to safeguarding as people need to know that if the conversation goes in that direction we have to go and report that. It just does not apply in the same way. I think that section is very seriously wrong and could get us into a lot of very serious difficulties. The Revd Prebendary David Houlding (London): I think it is very important for us to understand what this document is and what it is not, and it is a reflection of the law as it is rather than what we might want it to be or ways in which we might seek to change it. Therefore, it is a document written by the clergy for the clergy and at the end of the day I am very grateful for the general affirmation that I am hearing about it but nonetheless we will hope to make it into an Act of Convocation. That would be the very final part of this process. It is not a safeguarding document in itself though issues of safeguarding have had to be included and whenever you come across them in the document the word “must” is used. So there are issues which have the “must” category as opposed to some other issues which are addressed in the “should” category, and that is inevitable. It does, of course, at the same time slightly change the nature of the document and there is no way round that. Wherever there are safeguarding issues to be addressed the document always points to further points where information on those issues can be found. I hear what is said about section 3. It has been said before and we have spent a lot of time with the lawyers trying to work out how to address it. I also, I think, understand that we have not got it right yet. I think that is coming across very clearly. You will appreciate that to leave out the paragraph on reconciliation altogether would also not be doing justice to what is there in the Ordinal and what we understand the priestly vocation to be about, the authority to forgive sins in the name of the Lord, and therefore we have obviously got to do more work how we preserve what is there in the Canons of 1603 and in the tradition of the wider Church as well as the Church of England the confidentiality of what is said and at the same time to address, as it were, where we are in the safeguarding issues that are around at the time. I am not sure what the answer to it is at the moment but I can just give that guarantee that we will obviously have to do more work. This document is about excellence. The Prayer Book describes the priestly vocation as one of excellence. It is about setting the standard. It is about having something to aspire to. We often talk about the vocation of all the baptised and we encourage all the faithful to see their Christian lives in terms of vocation, but we also need to understand that our own calling as priests, deacons, bishops is a wonderful vocation from God, a glorious vocation. In Ely yesterday in the Cathedral we had a marvellous --The President: Could you be drawing to a close, please? The Revd Prebendary David Houlding (London): I will. We had a marvellous funeral for a young priest supported by so many other clergy present and it was a reminder of just how excellent the calling to be ordained really is. Thank you. The President: Thank you. The Revd Christopher Hobbs (London): I am on section 10. If I was a clergyman in one diocese who had my permission to officiate taken away and told that I could not get a licence for something else, or if I was a clergyman in another diocese that has recently married someone and waiting to find out what would happen, I would expect that I would find some reference in Guidelines for the Professional Conduct of the Clergy if I was going to be disciplined for such a matter. I can see that if I am adulterous that is unbecoming or inappropriate conduct. I wonder why there is no reference to that category. The President: Thank you. The Revd Simon Cawdell (Hereford): I have heard, as we all have, the wise words of both the Prolocutor and the Pro-Prolocutor which draw our attention to the fact that section 3 has been drawn up in the light of the current law. They may be offering us a hint here and I wonder whether we can, from Convocation, suggest to the House of Bishops or perhaps have conversations in another place about a Private Member’s Motion inviting the Synod as a whole to look again at the proviso to Canon 113 of the Code of 1603 and how it might turn out in the modern age. My other point, which is also to do with safeguarding, and again has ramifications in a discussion that we will be having later in these sessions, is there is nothing here that I see in section 6 which talks about the vesting of clergy who are retired, and that might be helpful because in another place we will be discussing Measures that place upon an incumbent a duty to ensure that nobody vests in their churches unless they have permission to officiate or a licence. It would be very helpful if these Guidelines made it quite clear there was also a responsibility on professional clergy, whether licensed or not, that they did not vest unless they had a licence or permission to officiate. I have encountered such a situation myself and will comment on that if called later. The Revd Mark Steadman (Southwark): I wonder if I could just pick up on something that Fr Houlding was saying earlier on about the categories between the way the Guidelines are phrased in terms of “should” and where “must” is used. Of course, as soon as you start saying you “must” do something the document tends to move away from being guidance to being more in the nature of a code. If you expect the clergy to do something in particular situations, then surely there must be a consequence of not doing that thing? If that is the case, and if these Guidelines are going to end up being used to provide the substance of clergy discipline cases, then perhaps it would be helpful to spell out right at the start of the Guidance the consequences of not following certain parts of it. That too would help the clergy in the exercise of their ministry and in the life to which they are called. If I can also touch on the question of the confidentiality of the Confessional. This continues to be a difficult subject, I realise. There was a learned article by Rupert Bursell in the Ecclesiastical Law Journal of a few years ago which sets out this whole area in some detail and does repay study. I also believe there is a resolution of this Convocation underlining the commitment to the Seal of the Confession, and perhaps the Synodical Secretary will be able to advise us more about that. If there is to be a wider debate that needs to be in the context of seeking to change the Canons, which has always been a difficult matter, and indeed in the 1960s, when the current Code was promulged, it was considered too difficult a question even then, which is why I think we still have the unrepealed proviso. The President: Thank you. It is good to find someone else who has back copies of the Ecclesiastical Law Journal as their bedtime reading! The Bishop of Truro (The Rt Revd Timothy Thornton): Just an observation to check that left and right hand know what is going on. I am very aware of what David Houlding and others have said about recognising the situation as it is now. Some of you may be aware that Bishop Paul Butler, the Bishop of Durham, has his name down to an amendment to the Serious Crime Bill being discussed this coming week in Parliament that would make it a criminal offence not to report an allegation of child abuse. I think we need to be careful as we move forward that we are in line with the law as it is and as we are talking about it rather than as it has been. The Bishop of Bath and Wells (The Rt Revd Peter Hancock): Can I just invite the Convocation to reflect a little bit on what we are doing this for because I think there are some assumptions coming through which are not necessarily helpful. When I write an appointment letter to invite someone to be appointed to a particular parish, I say to them, “You are invited to take up this appointment and I invite you to do that within the context of the Ordinal, the Canons of the Church of England and the Guidelines for the Professional Conduct of the Clergy and have regard to those things”. What we are putting in place here is not something that has the same status as the Canons or the Ordinal. Those are things which we make particular profession about when we are ordained or when we swear again canonical obedience. These are guidelines. Please therefore let us try and be careful about not suggesting that this is a vade mecum whereby you sweep up absolutely everything you need to know about being a priest. We do not operate like that. It is not a legalistic code. Nor yet, as we drew up these Guidelines, did we suggest that we could include absolutely everything. You will find lots of places where we cross-refer, and therefore we need to be intelligent about not including everything, but saying, “If want to know more about this, go and read the Canons”. This is not a manifesto for laziness. You have to go elsewhere in order to discover what you are entitled to do and what you are meant to do. The “shoulds” and the “oughts” and the “musts” are very carefully worded in this document in order to flag what it is that we should be about. Please think about how this is to be used. I think it is a great document. I think it is worthwhile and it has helped us a lot, but it is not a legalistic code and it is only something that points you to other places in how you operate. The President: Thank you. One more and then I will ask the Prolocutor to respond. The Revd Mark Ireland (Lichfield): Looking at paragraph 10, again it is a tremendously helpful document and I am conscious of all the work that has gone into it, but, as somebody who was single as a priest for more years than I have been married, I find it fascinating that there is no clear statement about whether sexual relationships are permissible for those who are single. In paragraph 11.19 it seems to be that it is very clearly specified that if a sexual relationship is with a vulnerable adult or an under-age person, that is out of bounds, but actually I still understand the Church’s teaching commends two states of life, which are marriage and singleness. If sexual relationships are inappropriate outside of marriage, then I think that needs to be reflected slightly more clearly in the document. The President: There being no-one else standing, I invite the Prolocutor to respond, for five minutes please, Christine. The Prolocutor: Thank you, Archbishop. You will understand that in five minutes I cannot give a detailed response to all the very significant points that have been raised in the debate. Not surprisingly, much of this debate has been concerned with section 3, and you will understand why we too have been concerned with section 3 and why it is now four years since the Working Party first initiated its work. There is a dilemma around section 3 in the context of what we now expect in terms of disclosure and safeguarding. I suspect that dilemma has always been there in that it is not only safeguarding issues that may be confessed; it could be that a serial murderer has come to confession and the moral dilemma, in a sense, remains. What we have got in section 3 is as clear a statement as we can of what the lawyers tell us is the legal position in the Church of England at the moment. The Legal Advisory Commission have been considering this, and are still considering it, and they too believe that if anything is to change this is a matter for the House of Bishops. I believe the House of Bishops is going to look at the whole issues surrounding confidentiality and the Seal of the Confessional. We had a choice. Either we wait until all that has happened and we have no Guidelines or we live in the provisionality of where we are at the moment. We are being told, and I believe it is true, that our clergy and the Church at large deserves something which is a provisional document to give help to clergy in being aspirational about the best way that they can exercise their ministry. Of course, it is not perfect and section 3 highlights that lack of perfection, but I do urge you not to have the illusion that we are going to get something that we have the power to change the situation we find ourselves in and that we delay issuance of any Guidelines until that situation has been changed. I think a pragmatic approach here is important. On the issue of how different paragraphs relate to each other, I think there is some work we can do there. Andrew Nunn raised the question of the paragraph relating to confidentiality in general. Safeguarding is not mentioned in that paragraph but because of its positioning it could be that we assume that is what it is talking about; it is not. But it may be that moving that section into the trust section, for example, may be a more sensible place to put it. We were reminded in the Legal Advisory Commission that issues of confidentiality in our world extend far beyond the Seal of the Confessional and we are under an obligation in most circumstances as professionals to hold confidence. Actions for breach of confidence happen not just amongst the clergy but in the world at large, so something about stating the importance of keeping confidence when it is appropriate to do so, which is most situations, clergy do need a reminder of that. They do have an obligation to hold confidence in almost every context, even when it is not the formal Seal of the Confessional. I have noted very carefully a lot of the other points that were made. Christopher Hobbs and Mark Ireland raised section 10, which again we did have some discussion on. Section 10 has tried to be careful not to be too detailed or prescriptive actually. We are wanting to hold here the notion of integrity of relationships and all that means; the honouring of people in relationship and the obligations into which we enter. You may think we have got that wrong but we felt that it was important to have that broader focus rather than a detailed list of do’s and don’ts. I am grateful to Bishop Pete for his very clear exposition about the status of this document. It is not a legal document, it is a provisional document, it is a time-limited document, and I only hope that when we come to revise it, if indeed we get that far, and have it brought out this time that it will not take as long next time as it has this. I urge you to support this Motion and commend this draft document to General Synod for further comment. The President: Thank you very much. We come therefore to vote on item 3 in the form set out on the agenda. This motion was put and carried. That completes the business of the full Synod and the Upper House will now withdraw. (His Grace the President and their Lordships of the Upper House then withdrew) Lower House The Prolocutor: Friends and colleagues, to signal a change of mode I will now move seat. We now move into the final part of our meeting, which is the meeting of the Lower House of Convocation. The agenda for that is on the reverse of your blue sheet. Commemoration of Deceased Members My first task in this Lower House of Convocation is to commemorate those members who have been past members of Convocation who have died during the past year. Amongst those who have been bishops we remember the Rt Revd Colin Bennetts, who was Bishop of Coventry, the Rt Revd John Austin Baker, who was Bishop of Salisbury, and the Rt Revd John Satterthwaite, who was the Bishop of Gibraltar in Europe. In the Lower House of Convocation we remember the Revd Canon Patience Purchas. I think it is particularly appropriate that we are, in this meeting of Convocation, remembering and giving thanks for the life of Patience Purchas who was, for those of you who have been around, as I have, a long time, the most redoubtable and wonderfully feisty debater in this House, a great servant of Synod, and who was passionately in favour of the ordination of women first to the priesthood and latterly to the Episcopate. I have a wonderful memory of her when she came to be on a panel being addressed by ordinands at the St Albans and Oxford Ministry Course and she was one of the panellists answering questions and she had on a very vivid raspberry coloured clerical shirt and somebody asked her about this, she said, “Yes, I rather like it. I call it ‘crushed bishop’.” For me particularly she was a very dear friend of mine and it is very appropriate, I think, at this Synod to be remembering her and Colin and the two Bishop Johns, so shall we stand. (Prayers) I now invite our Secretary to introduce new members to the Convocation. Introduction of new members to the Prolocutor The Synodical Secretary (The Revd Stephen Trott) (Peterborough): Item 2. I am aware of a number of new members since Convocation last assembled. They include Bishop Peter Hancock, Bishop of Bath and Wells, Bishop Robert Attwell, Bishop of Exeter, and Bishop Nigel Stock, Bishop to the Forces. In the Lower House, the Revd Brian Llewellyn of Europe Diocese - is he here? - the Revd Mark Garner from the Southern Universities and the Revd Mark Gilbert of the Diocese of Chichester. The Prolocutor: I think in their absence we welcome them. The Synodical Secretary (The Revd Stephen Trott) (Peterborough): Are there any more volunteers? I am sure we will go out of our way to welcome them in the course of the Synod. Mark Gilbert I believe was elected yesterday so perhaps he can be forgiven. The Prolocutor: Thank you. I now invite our Secretary to move the Minutes. Minutes The Synodical Secretary (The Revd Stephen Trott) (Peterborough): This is a mediaeval timesaving device. It saves us having to circulate Minutes and sign them. I shall read the Minutes to you. “The Convocation of Canterbury assembled in Full Synod at 1.15 on Friday 11 July 2014 in Room PX/001 of the Exhibition Centre, the University of York. Item 1. His Grace the President, led the prayers. Item 2. The Prolocutor named her assessors for the day: the Revd Canon Gavin Kirk (Lincoln), the Revd Catherine Grylls (Birmingham), the Revd James Dudley-Smith (Bath and Wells), the Revd Canon Rebecca Swyer (Chichester). Item 3. Motion: Draft Guidelines for the Professional Conduct of the Clergy. “That this Convocation: (a) express its gratitude to the Joint Working Party for its work in producing a revision of the Guidelines for the Professional Conduct of the clergy; (b) commend the revised Guidelines to the General Synod for its consideration; (c) request the Working Party to prepare a final version of the revised Guidelines for approval by the Convocations following their consideration by the General Synod, taking account of comments made in the course of their consideration by the Convocations and the General Synod.” In the debate which followed the following members spoke: the Prolocutor introduced the debate, Canon Robert Cotton (Guildford), Philip Plyming (Guildford), Hazel Whitehead (Guildford), Andrew Dotchin (St Edmundsbury and Ipswich), Simon Taylor (Derby), Simon Butler (Southwark), Patrick Richmond (Norwich), the Very Revd Andrew Nunn (Southwark), Preb David Houlding (London), Christopher Hobbs (London), Simon Cawdell (Hereford), Mark Steadman (Southwark), Bishop Tim Thornton (Truro), Bishop Pete Broadbent (Willesden), Mark Ireland (Lichfield). I hope I have got everybody’s names faithfully recorded. The Prolocutor, the Venerable Christine Hardman, replied to the debate and the President then put the Motion to the vote, which was carried on a show of hands. The Upper House withdrew. In the Lower House. Item 1. The Prolocutor invited prayers for deceased members, including the Rt Revd Colin Bennetts, the Rt Revd John Austin Baker, the Rt Revd John Satterthwaite, the Revd Canon Patience Purchas. Item 2. The following new members were welcomed and introduced: the Revd Brian Llewellyn (Europe), the Revd Mark Garner (Southern Universities) and the Revd Mark Gilbert (Chichester).” Perhaps we had better tell them all later. The Revd Nigel Irons (Lichfield): Point of order. I am also a new member and you did not mention me. The Prolocutor: And you are here. Please stand so we can --The Revd Nigel Irons (Lichfield): My name is Nigel Irons and, more to the point, I bothered to turn up as well. The Prolocutor: A warm welcome. The Revd Nigel Irons (Lichfield): Thank you. A Speaker: Another point of order. It was reported that the Prolocutor “invited prayers for”. I would rather that it recorded “The Prolocutor invited us to remember with thanksgiving to God” or something like that. The Prolocutor: “Prayers of commemoration”. The Synodical Secretary (The Revd Stephen Trott) (Peterborough): With those amendments: Item 3. The Minutes were read by the Synodical Secretary. Would you like to approve Sunday’s Minutes as well just in case! A Speaker: It depends what they say. The Synodical Secretary (The Revd Stephen Trott) (Peterborough): They will be largely the same! Do I have your approval for the Minutes? (Approved) Thank you very much. That concludes the entertainment. The Prolocutor: That concludes our meeting of the Lower House of the Convocation of Canterbury. Can I ask us to stand to say the Grace together? The Prolocutor gave the Blessing, and the House stood prorogued.
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