(Law and Religion UK) David Pocklington, “IICSA: Some more legal views: Comments on the seal of the confessional”

  • In summing up the approach of the Anglican Church In Australia, Dr Bursell said that he would not advocate the Australian model “I think it is too complicated and I think that it leaves far too much to the individual who finds other reasons for not reporting, which is why I think that there should be a mandatory reporting, if the priest or anybody knows — has knowledge of or has reasonable suspicion of sexual abuse. Now, immediately one says “reasonable suspicion”, it of course brings in a subjective term. But it is well known within English law and it seems to me, therefore, is acceptable [36/22 to 37/11].
  • He also said “May I also add that the Church of England Faith and Doctrine Commission also says there is no definition of what auricular confession is. It is not just me. So if the Working Party and the Faith and Doctrine Commission says there’s no definition, how can you draw the boundary as to where it starts and where it ends? It seems to me perfectly fundamental. [38/2].
  • With regard to national vs diocesan responsibilities for safeguarding:

I’ve got absolutely no doubt that the rolling out of safeguarding has to be done at diocesan level. I equally have no doubt that the principles, the training manuals, whatever you want to call it, must be done at national level, because I’m aware, within the last ten years, of a Diocesan Safeguarding Officer saying, “I don’t agree with what the national churches say. Therefore, I am going to give different training”. That’s not good enough, because an individual does not know better than the whole, certainly in this regard when it has been properly rolled out. I accept that a lot of the guidance is a little opaque sometimes.” [44/14]

  • This guidance is written in the language of the safeguarding professional, just as lawyers write in legalese,” but it is a question then — all right, the safeguarders understand it. It may be that the senior end of the church understand it, though not always. I refer in my witness statement to a bishop who didn’t understand “have due regard to” [45/1]

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Posted in Ethics / Moral Theology, Law & Legal Issues, Parish Ministry, Pastoral Theology, Religion & Culture, Theology

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