• The Bishop of St Davids and the Archbishop of Canterbury

    The Rt Rev Dr Joanna Penberthy is the 129th Bishop of St Davids. In tweets that came to light recently, she exhibited an antipathy to members of the Conservative Party which did not sit well with her position.  “Never, never, never trust a Tory” is not what people expect to see a bishop tweeting.

    Once these tweets came to light, there was a considerable brouhaha which seemed to die down when she apologised and deleted her twitter account.

    Now, I happen to think that Bishop Joanna’s tweets were not compatible with her role. I work in a congregation which has political activists in it from time to time of all persuasions and I have had no trouble working and worshipping with them all. I think that she was right to apologise and to make sure that the tweets in question were removed from view.

    One does not need to go very far to realise that I do not have much truck with the policies of the Conservative Party. I have, after all, stood against Tory candidates in several elections. I am fairly obviously of the view that engagement with public political discourse is appropriate (if indeed not sometimes necessary) for those who hold prominent positions within the churches. As it happens, I am now a floating voter and not a member of a political party though I do strongly encourage others who are members of political parties to engage fully with them.

    One of my frustrations about the manner in which Bishop Joanna has expressed herself is that she will now find it very difficult to comment negatively on that which should legitimately be criticised about government policy.

    Policy is the key to the nature of appropriate political discourse I think. For my money, it is generally fair enough to criticise policy and generally not OK to criticise someone’s personality or core identity. 

    So, for example, my view is that it is legitimate to criticise this government’s manufactured hostile environment towards refugees (and now, it seems, all those trying to settle in this country). That policy is cruel. I would go so far as to say it is unchristian. Indeed, I have gone so far as to say such things, from the pulpit, in the newspapers and online.

    I have little doubt that Bishop Joanna would agree with me. However, she is now so far on the back-foot that she will struggle to be able to articulate any coherent opposition to wicked government policies for a very long time.

    Bishop Joanna did get it wrong. However, she did apologise and sought to make amends. Though I think it will be hard for her to do so, I hope that she is back on social media soon and that she will be able to make her points in ways that hit home and which do not lead to her being silenced.

    Now, all this would have been fading away, had not the Archbishop of Canterbury interfered in the matter. It is reported today that he has written to the Secretary of State for Wales expressing the view that he was “truly sorry” for Bishop Joanna’s comments.

    This has now led, very rightly, to outrage being expressed online about the Archbishop of Canterbury interfering in a matter about which he has no jurisdiction. He has no business apologising for what bishops in Wales say in public. 

    Apart from anything else, no archbishop is going to survive the mental gymnastics required if they hold themselves responsible for what every bishop in the Anglican world thinks or says.

    The complaint will now be made by some that people are focussing on Archbishop Justin’s comments and forgetting about the “offence” of Bishop Joanna’s comments.

    And that is, quite rightly, exactly what people are doing.

    Bishop Joanna and the Archbishop of Canterbury have both made statements which are incompatible with their office.

    Bishop Joanna has apologised and those who do have jurisdiction in this matter seem to think that her apology is sincere. Her twitter sins should be forgiven. Archbishop Justin has not apologised for his comments.

    The more he intervenes in the running of other provinces, the more difficult his job becomes.

    The Archbishop of Canterbury hath, as the badge says, no jurisdiction in this Realm of Scotland. The Archbishop of Canterbury hath no jurisdiction in this matter in the Realm of Wales either.

2 responses to “Human Rights Petition”

  1. Steven Avatar
    Steven

    Kelvin

    I strongly agree with your sentiments and intend to sign the petition. As a practising barrister I can say that the incorporation of the Convention has had a hugely beneficial effect across society – especially in creating a rights aware culture amongst the judiciary.

    I have successfully relied on the Convention to (1) ensure that the state continues to support destitute asylum seekers whilst they are appealing an asylum support decision (2) prevent the removal of a mentally unwell Brazilian amputee who is awaiting further surgery in the UK (3) ensured that those detained under immigration powers are not held in “ordinary” prisons and (4) prevented the deportation of a Turkish national for a crime committed whilst a child. The Convention naturally “benefits” those on the edges of society – whose cause might be unpopular. That does not mean, of course, that it is unworthy. Quite the opposite.

    I have of course relied upon the Convention in cases which stretch the reach of the various articles. That is how the law develops. Judges do not embrace such claims uncritically. Unfounded and weak claims are rejected as such and so the public perception of an “out of touch” judiciary is misplaced. Thank God for the Judges who – if they were to follow the whims of public opinion would “string em up”, “bring back the birch” and “throw away the key”!

    The Human Rights Act 1998 still retains parliamentary sovereignty in any event. This means that Parliament can still introduce laws that are in breach of the Convention. All that a Judge can do when faced with such legislation is declare it to be “incompatible” and that is it. This may create political pressure (especially at a European level) but it means that the “Queen in Parliament” is still sovereign.

    In addition the HRA 1998 has become entrenched as an almost constitutional statute. Repeal or significant amendment would not create less litigation. On the contrary, as the Daily Mail might put it, lawyers would have a “field day” arguing about when a particular right ceased to exist under the ECHR in the UK and the extent to which rights survived repeal or amendment. It would create a legal mess, a constitutional back-step and a political nightmare.

    In fairness though a solicitor did ask me if they could bring a case to challenge a refusal by the police to allow a man more regular smoke breaks on the basis of his Convention rights (he was being questioned for murder)…I reminded the solicitor that the drafters of the Convention had in mind the ashes of Auschwitz when drafting the Convention and advised him to, as they say in Ulster, “catch yourself on!”

    1. kelvin Avatar

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

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