HC Deb 06 May 1912 vol 38 cc31-2
Lord ROBERT CECIL

asked whether, in the event of any unbeneficed clergyman in Wales being guilty of an offence against any provision of the Ecclesiastical Law dealing with faith or morals, there will be any remedy against him under the provisions of the Established Church (Wales) Bill?

Mr. McKENNA

I assume that by "unbeneficed clergyman" is meant a clergyman who holds no preferment, and, if so, the present Ecclesiastical Law will apply to him as a matter of contract.

Lord ROBERT CECIL

May I ask the right hon. Gentleman how the present law could be enforced as a matter of contract? What would be the procedure to enforce it?

Mr. McKENNA

In a Court of Law.

Lord ROBERT CECIL

Would it be an action for damages, or what other action would lie?

Mr. McKENNA

There would not be an action for damages in the case of a breach for morals, but, as I understand, there would be no enforcement of the Ecclesiastical Law in England either.

Lord ROBERT CECIL

Will the right hon. Gentleman make inquiry into that?

Mr. McKENNA

Certainly.

Lord ROBERT CECIL

Of some elementary barrister.

Mr. LEIF JONES

May I ask whether these particular clergymen would be subject to the same moral and legal restrictions as the rest of us?

Mr. McKENNA

Yes, exactly the same. The Noble Lord is entirely in error in assuming that clergymen in this country can be proceeded against for damages for breach of morals.

Lord ROBERT CECIL

I never suggested it.

Mr. McKENNA

Yes, you did.