Select Committee on Constitutional Affairs Minutes of Evidence


Examination of Witnesses (Questions 60-79)

29 JANUARY 2004

MR DAVID WATTS, MR NICK WHEELER AND THE REV JOHN LEE

  Q60  Peter Bottomley: I cannot remember whether the Church Times or the Church of England Newspaper have a list of vacancies. Do you know if they do?

  Mr Wheeler: Both of them have advertisements. I do not know about a list of vacancies as such. I do not think so. They certainly both have advertisements. Is that what you are referring to?

  Q61  Peter Bottomley: I was thinking that there is a lot to be said for people being able to know when there is a process going on, even if the parish has not been put to the expense of actually taking out a display advertisement.

  Rev John Lee: It is multifarious; it is all over the place really. People do very different things because they want different things to happen and feel that different processes will result in a good outcome for them. You get all sorts of extraordinary things. Some will advertise in the back of the Church Times and The Church of England Newspaper, but others would just make themselves available within a diocesan newspaper so there will be a larger number applying from within the diocese perhaps than from outside. Others do not want to do anything at all but would go to my list, for example, or the vacancy list that we publish in our office. There are quite a number of options for people and it does depend on what the feeling is around. As you heard earlier, there are different feelings amongst the same sort of clientele, if you like, about whether it is the right way to go about things or whatever.

  Q62  Peter Bottomley: There does seem to be an argument for having a central place where, when the patron is going to consider nominations or is putting forward proposals or considering people for a vacancy, that that should be open to all.

  Mr Wheeler: In one sense it is almost happening inadvertently courtesy of the website. Parishes are often putting themselves on the website without us necessarily knowing. I do not object to that; it is a kind of informal way of advertising.

  Q63  Chairman: Do you have a website?

  Mr Wheeler: Yes, Number 10 does have a website but we have not actually gone down the road of putting those on the website.

  Q64  Chairman: If I were a clergyman with the Church of England—which I hasten to add I am not—and I was sitting in some parish where I just did not feel I was able to exercise my talents satisfactorily or whatever, how would I know that this very caring and well managed system that has been described to us was available to me?

  Mr Wheeler: Through a number of indirect sources, either through the Clergy Appointments Adviser, alternatively through clergy contact. We have livings in every diocese between the Crown and the Lord Chancellor. They can contact their hierarchy, the archdeacons, the rural deans, the bishops to tell them they are looking for a move and can they suggest where to go. There are number of informal ways of going about it.

  Peter Bottomley: I think we have established there is a gap which could quite easily be filled and if anyone here would like to report to the Archbishop's Council it might be something to put on their agenda.

  Q65  Ross Cranston: We have heard a lot about the appointment of judges recently and I think some of that might be helpful as well.

  Rev John Lee: The problem is that the 9,200 parochial clergy have come to their decision about their vocation in very different ways and they come with different experiences. We are getting older ordinands and they are coming with a lot of experience from industry, from government, from all sorts of places. Their understanding of how appointments will go in this institution called the Church of England is very different from when I was ordained—which is some time ago, mid-70's—where it was very passive. We were at the disposal of the Church, mostly by the bishop, and I have never actively sought out a job in the Church. I have been a parish priest most of my life and have just done this for five years. The different expectation is then also reflected amongst the workforce. Some would object quite strongly to this right across the board equal opportunity for everyone. I want to know that one person or a group of people are looking quite specifically at me and discerning my vocation. Where I am grateful to Nick is that he offers a service which is quite quiet and it deals with some of these people extremely well, who do not want a beauty parade and are not up-front with their talents and their gifts, but they actually do a very fine job. I am very grateful—and by far I think it is the best patronage that we deal with—that Nick is here and he deals with it extremely well. Obviously it is a good reflection on him, but I made quite a strong plea from my hospital bed that actually this practice should continue in some form—probably with the Crown—because in a sense I want that multitude, the sense that even if there were bad patrons—and there are bad patrons around—in the pot you will get some reasonable decisions because some voices will then pipe up and say there is a monochrome situation.

  Q66  Ross Cranston: I see great virtues in the current method of judicial appointments, but I am afraid the evidence to us has been that there is this steamroller in favour of what you have described as equal opportunities, transparency and all the rest of it. The system could be subject to criticism on the basis that it does not meet those criteria.

  Rev John Lee: Absolutely.

  Q67  Mrs Cryer: Are non-stipendiary ministers just viewed from the diocese or do they go onto one of your lists?

  Mr Wheeler: We are only dealing with stipendiary clergy and not with non-stipendiary. It is not a choice; it is just the kind of appointments we are dealing with.

  Q68  Mrs Cryer: So they are completely separate.

  Mr Wheeler: They are separate from our point of view, yes.

  Q69  Chairman: There have been references to re-organisations and resultant shared patronage and so forth. What role do you play as to re-structuring of parishes in one of the areas where you have a living?

  Mr Wheeler: In the first instance I will get some contact from the diocese, either the bishop or the diocesan secretary or archdeacon saying that they have some prospect of re-organisation and would the Lord Chancellor or the Crown agree to a suspension of presentation. In earlier days I would have then spent a lot of time writing out to the individual parishes asking for their views before coming to my considered view. That was very time-consuming although it was good to do it. Nowadays I write a letter back to the bishop or the diocesan secretary saying that I am satisfied with the reasons given in the letter from the bishop and on behalf of the Lord Chancellor I am agreeable to the suspension of presentation with a view to pastoral re-organisation, subject to due weight and consideration being given to the views expressed by the interested parties. That is my caveat to make sure that they are doing the proper thing as per the Pastoral Measure 1983 which sets down the criteria for suspension of pastoral re-organisation. When that has taken place and they have suspended the living, they will then later come to me with the diocesan proposals to link parish A and parish B. Again, from my knowledge of visits over the years and knowing the parishes, I will be able to determine whether or not it is a reasonable thing to happen and I will then write back a letter again saying that on behalf of the Lord Chancellor I am agreeable to this. If, in the meantime, I get letters from the parish saying that they are being steamrollered into this then I will go back to the bishop and say that there is clearly some discontent within the parishes about the proposals and I will ask him if he has considered other alternatives or whatever. Most of them go through fairly straightforwardly.

  Q70  Chairman: Are you confident, given that you do not now write to the parishes, that you would find out if a parish objected very strongly to the re-organisation?

  Mr Wheeler: I am reasonably confident, yes. Obviously not as confident as when you are doing it systematically with every single plan for re-organisation and writing out to the parishes, but that is very time-consuming as benefices are getting bigger and bigger. I can cite an example of an Exeter diocese where there eleven parishes, and one in a Hereford diocese with twenty-two parishes. It becomes quite a large administrative task.

  Q71  Chairman: Could the bishop be expected to do that in the course of his task and return to you a set of boxes as whether they agree or disagree?

  Mr Wheeler: The relationship with the bishops between the Crown and Lord Chancellor is a good one. I will not say it is necessarily a cosy one in a sense that we are in each other's pockets, but it is a good one and I would expect them to pay close attention to that letter and I would get a letter perhaps from the parish priest if there is any unhappiness with that. If there is any disquiet it does happen and on occasions I get that.

  Q72  Ross Cranston: I want to get a sense of the practical effect of a transfer from Lord Chancellor's patronage to Crown patronage. Is it simply that we have to move a couple of filing cabinets and Mr Watts and Mr Wheeler from one department to another department? Or are we looking at something more fundamental?

  Mr Wheeler: We are looking at something really quite simple because although I am a DCA employee and essentially work for the Secretary of State for Constitutional Affairs I also look after the Crown livings as well. I do the same process in terms of the appointment and if it is a Lord Chancellor appointment then I send a submission and the legal document to the Lord Chancellor; if it is the Crown I do a submission for the Prime Minister to sign and then it is sent to the Queen with his recommendation. It really is very simple.

  Q73  Ross Cranston: Would you have to change offices?

  Mr Wheeler: No. Since 1964 the Assistant Ecclesiastical Secretary to the Lord Chancellor has worked out of the same office as the Ecclesiastical Secretary to the Lord Chancellor, who is also the Secretary of Appointments for the Prime Minister.

  Q74  Ross Cranston: Mr Watts, do you have any comments to make on the practical side?

  Mr Watts: To be honest, I do not think I can add much to what Nick Wheeler has said because he has far more experience in this. My role in these matters is to give effect to the Government's decision to end the Office of Lord Chancellor, so the finer points of how the Ecclesiastical Patronage is carried out are much better answered by Nick.

  Q75  Ross Cranston: Could I go back to the fact that we only have the three options in the paper and there was this additional option which has come out—which I expressed badly earlier in my questions to the bishops—as to whether there should be a choice by local parishes of who their patron ought to be. Why was the decision made to simply limit it to those three options?

  Mr Watts: Our essential approach was, to a certain extent, tempered by history. The Lord Chancellor has carried out this function for 600-plus years in effect as a minister acting on behalf of the Crown. It seemed to us, in principle, that this function would best be placed either with a minister acting on behalf of the Crown—be that the Prime Minister or some other minister—or with the established Church where, as we know, there is already a substantial body of patronage. Both those groups or routes—which are broken down to three options, as you say—have expertise in dealing with patronage on a broad basis and would avoid the risk of what has happened, I believe, in some areas where people who are involved in the process are not very experienced patrons and have to relearn the process every time they become involved in it.

  Q76  Ross Cranston: If you did allow parish choice, what are the practical implications of that?

  Mr Watts: One of the things I am very mindful of is that ministers want to keep the transitional period where the Secretary of State and Lord Chancellor are held jointly to a minimum and one of the bishops said earlier on that he thought that any arrangement had to be workable and acceptable. We would need to consult each of the parishes, obviously. We would need to find someone who could speak with authority for each of the parishes. We would, presumably, need to make sure that we had the bishop's views, the consent of the proposed destination patron. We would then presumably need to go through some 442 legal instruments of transfer in some way. I have not actually analysed this process but that is the sort of complexity I can see unrolling. As you know, we consulted all the Lord Chancellor's parishes as part of the consultation process and less than a quarter of them replied. The simple process of getting an answer from each of the parishes I think could be quite difficult and that would simply be the first step.

  Q77  Chairman: Is it not clear that the transitional period required to transfer the patronage to the church would be quite long, whereas that required—as Mr Bottomley put it—to move a couple of filing cabinets in Mr Wheeler's office could be as short as you like? Have you made an estimate of the time scale required for the transfer to the Church and whether any statutory instrument or legislation is required for that process?

  Mr Watts: We have given thought to that and ultimately that would be bound up in the decision which ministers will be announcing in due course. Clearly there are different timescales and I agree with what I think you were trying to suggest that it ought to be simpler to provide for a wholesale reversion to the Crown.

  Q78  Chairman: There is no estimate yet to the timescale that would be required to ensure that there was agreement about where in the Church you were transferring to and to carry through whatever processes that requires. Do you have any estimate of that yet?

  Mr Watts: If the patronage transfer were done on a wholesale basis?

  Q79  Chairman: Wholesale to the Church.

  Mr Watts: I envisage that would be encompassed within the timetable that we are looking for for ending the rest of the Lord Chancellor's functions, which is about 18 months or so.


 
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