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The following draft Bill will be debated during
this years General Synod. For further information
on amendments and passage through General Synod please
email the General Synod
Press Officer.
BILL NO 7
Explanatory Memorandum
This Bill, which comes before General Synod at the request of the
Commission on Ministry, seeks to implement the main proposals
contained in that Commission's White Paper on Pastoral Breakdown
brought before General Synod in 2000.
Sections 1 and 2 provide for the establishment, in June 2002, of two
Provincial Mediation Panels each with power to make recommendations
to a Bishop concerning any case of pastoral conflict which that
Bishop has referred to it being a case which he deems incapable of
resolution at local level within the Diocese.
In Section 3 details of the composition of the panels are set out;
one ordained priest and one lay person shall be appointed for three
years by the Diocesan Council from each Diocese, upon the nomination
of the Bishop, and shall be eligible for up to two further
re-appointments.
The need for sensitivity and absolute confidentiality in all matters
concerning pastoral breakdown is recognised in Section 4 which
details the manner in which the Mediation Teams established by the
Panels will operate.
Section 5 provides that where permanent cessation from stipendiary
ministry is the agreed course of action the Representative Church
Body shall be so notified by the Bishop and in Section 6 that Body
is empowered to make regulations concerning severance terms and
other related matters.
* * * * * * * * * * * * * * * * * * *
REV CANON JAA CONDELL
VEN KR GOOD
BILL
To provide for the establishment of Provincial Mediation Panels and
to make further provision concerning mediation in conflict
resolution and related matters.
WHEREAS it is expedient that provision be made for the establishment
of mediation procedures for the assistance of Bishops in the
resolution of conflict within Dioceses and to make further provision
in relation to mediation and related matters;
BE IT ENACTED by the Archbishops and Bishops and the Clergy and
Laity of the Church of Ireland in General Synod assembled in Dublin
in the year 2001, and by the authority of the same, as follows:
- With effect from 1 June 2002 a Provincial Mediation Panel
(hereinafter referred to as 'the Panel') shall be established
within each of the Provinces of the Church of Ireland to which
any Bishop within that Province may, when he considers it
appropriate, refer any case of pastoral conflict which he deems
to be incapable of resolution at a local level within the
Diocese.
- The Panel shall have power to make recommendations to a Bishop
upon all matters referred to it by that Bishop and in particular
to make recommendations under section 4 below.
- (i) The Panel shall comprise one ordained priest and one lay
person from each Diocese in the Province who shall, in each
case, be appointed by the Diocesan Council upon the nomination
of the diocesan Bishop from among the licensed clergy and the
laity thereof and shall hold office for three years from the
date upon which they are appointed.
(ii) Each member of the Panel shall receive training in conflict
resolution prior to taking up office.
(iii) Each member of the Panel shall be eligible for
reappointment but no member shall hold office for longer than
nine years from the date of that member's first appointment to
the Panel.
(iv) The Panel shall at its first meeting and thereafter
triennially elect a Chairman and Honorary Secretary from among
its own members.
(v) The Chairman shall have a casting as well as an ordinary
vote on all questions. Casual vacancies in either of the offices
referred to in subsection (iv) above may be filled, by election,
at any meeting of the Panel, the person so elected to hold
office until the next triennial election.
- (i) Upon a reference being made under section 1 above by a
diocesan Bishop the Panel shall appoint a Mediation Team
(hereinafter referred to as 'the Team') of four of its own
members none of whom shall be appointees from the Diocese
concerned.
(ii) The Team shall have power to co-opt not more than two
additional members being persons with relevant experience and
expertise in conflict resolution.
(iii) The Team shall have access in absolute confidence to all
records of previous attempts within the Diocese concerned to
resolve the matter which is the subject of the reference.
(iv) The Team shall be entitled to meet the parties concerned,
each of whom may be accompanied at any such meeting by an
adviser of their choice.
(v) The Team shall have power to recommend a particular course
of action within the Parish or Diocese concerned or to make such
other recommendations as it may, in the circumstances, consider
appropriate.
(vi) Upon completion of its work the Team shall report its
recommendations in writing to the Chairman of the Panel who
shall, within twelve months of the first reference having been
made under subsection (i) above, forward them to the Bishop
concerned.
- Where a recommendation under section 4 (v) above is made by
the Team and that recommendation includes permanent cessation
from stipendiary ministry, and where the minister concerned
agrees with the recommendation, the Bishop shall notify the
Representative Church Body.
- Regulations may be made by the Representative Church Body
concerning severance terms and all other related matters.
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