Day 1
Clergy Tenure Working Group Gives Background to Bills Dealing with Tenure
General Synod 2026 will deal with three Bills associated with Clergy Tenure. The Bills arise from the work of the Clergy Tenure Working Group, which was established as a select committee following Synod of 2023 and later became a working group. The group’s chairperson, Honorary Secretary of Synod, Canon Malcolm Kingston this afternoon outlined the group’s processes in drafting the Bills.
Following a consultation period the main issues identified by the working group were as follows:
– The lack of clarity surrounding exactly what the clerical duties of office are and the fact that this lack of clarity effects both clergy and their parishioners as clergy may think they are performing their required duties when they may not be and also, conversely, parishioners may feel that their incumbent is under–performing when they are, in fact, serving in an appropriate manner and to an expected degree.
– The need for timelines in the disciplinary process due to the fact that cases can be allowed to go on for too long at various stages of the process which can be unfair to all parties concerned.
– The fact that a cleric who may not wish to engage with the disciplinary process may be signed off work by their GP, prolonging the process indefinitely.
– The lack of authority for a Disciplinary Tribunal to make interlocutory orders as it thinks appropriate to the circumstances.
– The lack of a mechanism to terminate tenure in cases where, through no particular fault of either the cleric or the parish, there has occurred an intractable pastoral/parochial breakdown.
– The fact that a cleric can be signed off on sick leave indefinitely without applying for the Clergy PHI scheme, leaving the parish, and the diocese, in a very difficult position.
It was with these significant issues in mind that Bills 1, 2 and 3 are being presented to General Synod, Canon Kingston explained.
Bill 1 seeks to address issues that have been highlighted relating to the current Clergy Disciplinary Process. Bill 2 relating to issues of very long term sick leave and the current PHI Scheme and seeks to connect the dots between the processes and financial provision that currently exist but are separated from one another in both the Constitution and Dignity in Church Life Policies. Bill 3 seeks to address very serious and intractable Pastoral and Parochial Breakdown.
In relation to Bill 3 Canon Kingston said that this was the driver of Motion 9 of General Synod 2023 proposed by the Bishop of Tuam, Limerick and Killaloe who drew attendtion to the work of Sir Paul Girvan, former Lord Justice of Appeal, in his Commentary on the Constitution of the Church of Ireland. He said that the Church’s provisions do not adequately address circumstances where there is pastoral breakdown but where no ecclesiastical offence has been committed and no formal complaint can be justified.
Canon Kingston said that the working group is exploring a non legislative idea of producing a leaflet which would list the benefits and supports afforded to incumbents as Church of Ireland clerics, as well as outlining the duties of office of a cleric as already outlined in the Constitution, the Canons and the Ordinal, as well as by their licencing and services of institution. He noted that a job description cannot be drafted for clergy as they are office holders and not employees. The leaflet would also inform clergy of the disciplinary process and safeguards for clergy.