Churchwardens Measure (Hansard, 30 March 2001)

§ The Lord Bishop of Guildford
My Lords, I beg to move the Motion standing in my name on the Order Paper. The Measure has the support of the General Synod of the Church of England, has been found expedient by the Ecclesiastical Committee, and has been passed in another place. I hope that on Friday morning your Lordships will not be long delayed in completing the parliamentary process on this matter.
In the light of some of the controversy that surrounded earlier versions of the Measure, perhaps as a bishop I may say that churchwardens are not only the senior lay officers of the parish and the bishop's key people in maintaining the structure and mission of the Church in each community. They are also, in our experience, highly valued by all bishops for the outstanding service that they offer to the people of our country. Let there be no doubt concerning the sense of vocation, dedication to duty and professional skill of the tens of thousands of men and women in our country who perform this service.
Last year in my own diocese I conducted a formal episcopal visitation of the diocese. In that process, I oversaw the admission of the newly elected wardens to their office. In advance of that, I sent out a formal set of articles of enquiry to all wardens requiring them to respond. I had the temerity to ask them 100 questions. I had a 100 per cent response of a quality and depth of insight which gives enormous hope for the future. That opened up for me some far-reaching conversations with the wardens and the parishes about how we fulfil our duty to the people. The point I make from my own experience is that we are wonderfully served by all these people.
The Measure is necessary because of problems surrounding the process for election, admission and the handling of such matters as vacancies. The office needed protection from unsuitable persons and to be brought into line with contemporary professional expectations. The Measure before the House sets out a clear and comprehensive set of provisions to deal with all aspects of the process. It will help the Church to carry forward its work with greater precision and clarity.
I am aware that the Measure has had a prolonged and disputed life as the representatives of the Synod sought to agree its contents with the Ecclesiastical Committee. Not least, there were long debates about 541 the original provision to give the bishop the power to suspend wardens in certain circumstances. That clause has been removed at the request of the bishops. The substance of the Measure is of such importance that we are concerned to see it supported and enacted.
The bishops would have valued the power which the original clause gave them. In very rare instances it might have been useful in protecting both parishes and parish clergy. Nevertheless, I have to say that in six or more years as a diocesan bishop I cannot recall a single instance where I would have needed such a power. It would be easy to have got that issue out of all proportion to its significance. Far more important are the excellent provisions of the Measure to ensure the rights and duties of parishioners in electing churchwardens and those provisions which set out the processes surrounding the office. That is why we are more than content to see the Measure progress in its present form.
Churchwardens are elected by the whole parish, not just by those on the electoral roll of the church. That is because every person has rights in their parish church. Although not all people choose to exercise them, they do possess them. The results of the visitation to which I referred indicated that at least one in three people make use of the services of the church in any one year. These rights include matters concerning holy baptism, holy matrimony and the burying of the dead. In the name of Christ and on the foundation of the faith once delivered to the saints, the Church has a duty to be open to all. Churchwardens are the visible sign of that duty in our historic parish structure.
Churchwardens are further required to work in close co-operation with the parish priest. Indeed, this relationship is of such importance that the Measure includes provisions in the elections in those occasional instances where there are, serious difficulties between the minister and the person in carrying out their respective functions". They are elected by the people in the parish, work collaboratively with the incumbent and, finally, act as the bishop's lay officers in the parish, for the people, with the priest, on behalf of the bishop.
It is an unrivalled, historic and simple arrangement for bringing together the people, the priest and the wider universal Church represented by the bishop. As a sign and symbol of our common duty, it is they, the churchwardens, who, carrying their wands of office, lead the bishop into the church whenever the bishop visits the parish. It is my custom, whenever possible, to spend time with the wardens after divine service in order to have conversation about our shared responsibility.
Every parish, every parish priest and every bishop needs good churchwardens. With rare exception, we have them. In passing this Measure, the House will be giving them support and help in the work they do in this historic office. I hope that the Measure will have approval today and I commend it to the House.
542 Moved, That this House do direct that, in accordance with the Church of England Assembly (Powers) Act 1919, the Churchwardens Measure be presented to Her Majesty for the Royal Assent.—(The Lord Bishop of Guildford.)

§ Earl Ferrers
My Lords, I wonder whether the right reverend Prelate can explain one matter. I remember the row about the bishops having the right to remove a bad or unsuitable churchwarden. As that provision no longer exists, how are inappropriate churchwardens removed, or are they not?

§ Lord Newby
My Lords, in speaking to the Measure, I must declare an interest as I am married to a priest in the Church of England. It is a particularly topical matter as my wife is in the process of seeking a parish and I am only too well aware of the powers of churchwardens in that process. I echo what the right reverend Prelate said about the dedication of churchwardens. In parishes where my wife has been involved I have been impressed by their care, attention and hard work in making the parish a viable entity.
I declare a different interest. During my career I have been involved in drafting the constitution of two political parties. I see in the Measure issues similar to those which have exercised politicians in deciding how people should be appointed, elected and removed from office.
One of the interesting aspects of the Church of England is that there is a huge dichotomy between its form and substance. The form is one of almost rigid hierarchy. At least that is how it appears to outsiders. One would have thought that that meant the power structure was clear and rigid. The truth is that the Church of England is one of the most devolved institutions in the land. As a result, individual parishes and churchwardens have great autonomy in the way they go about their business. That led to the great row associated with the Measure over whether bishops should have the power to suspend in certain circumstances. As an outsider and former general secretary of a political party, I am all in favour of the centre being able to suspend people who misbehave. My vote would probably have been for the bishops. I saw the votes cast in the General Synod which clearly expressed an alternative view. There is now a consensus in the Church, with the bishops on the back foot, I suspect, in respect of the Measure.
I was also struck by the fact that the working party set up to revise the Churchwardens Measure was appointed in 1993. Four years ago, the General Synod voted almost unanimously to adopt the Measure. In those circumstances, and given the huge debate that has taken place, the time has long passed for the Measure to be approved and sent on its way. I happily support it.

§ Baroness Perry of Southwark
My Lords, perhaps I may ask the right reverend Prelate a question for clarification about the rare cases of cathedrals which are also parish churches. I speak as a former rector's churchwarden of Southwark Cathedral. The 543 constitution of that cathedral and of the other one, which is also a parish church, allows for two churchwardens. One can be appointed directly by the dean and the other is elected as the people's warden. The practice in Southwark is that they are both elected. I have always welcomed that because it gives a great deal of confidence to the holder of the office to have been elected and not appointed. I see no provision in the Measure which mentions such cathedrals. Does the matter fall under Clause 10(1)(a) which allows the bishop to make special arrangements for cases which are not covered by the Measure, or is there some thought that the post of rector's warden will be totally eliminated? I should be very grateful for clarification.

§ The Lord Bishop of Guildford
My Lords, I thank all those who have contributed to the debate. Perhaps I may respond to one or two questions that noble Lords have asked. In reply to the noble Lord's question about powers of removal, the Measure does not contain a power to remove a warden. In terms of the formal legal process, that is entirely a matter for the electorate at the annual meeting. In terms of pastoral reality, the kinds of situation that the bishop has in mind, for example those involving sensitive child protection issues, will be dealt with by careful pastoral conversation. Wardens have been known to resign following such conversations, but formally they can be removed only at the annual meeting.
As to the comment about the form and substance of the Measure, I entirely endorse what has been said. If the noble Lord's wife still seeks a parish I am always on the lookout for a good parish priest. In response to the noble Baroness who asked about cathedrals, I shall write to her with a full answer when I have checked the position. However, I assume that the parishioners of the parish of Southwark Cathedral have exactly the same rights as any other parishioners. Therefore, the Measure's provisions should apply. The statutes of the cathedral must be in line with the law of the land with regard to wardens. I shall check the matter and ensure that the noble Baroness receives an accurate reply.
On Question, Motion agreed to.