AGE LIMITS IN THE CHURCH IN WALES. Report from the Age Limits Working Group

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1 AGE LIMITS IN THE CHURCH IN WALES Report from the Age Limits Working Group Background 1. The Church in Wales currently operates a range of age limits (as shown in Appendix 1 to this Report). These include: minimum and maximum ages for some appointments retirement ages relating to various appointments including committees and other bodies age restrictions for the membership of certain bodies and committees. Some of these appointments are paid while others are held on a voluntary basis. 2. Concerns have been raised about how such age limits relate to secular legislation, particularly the Equality Act 2010, and to evolving case law. There have been a number of reports to the Governing Body s Standing Committee on this subject in recent years and it has also featured on the agendas of other Church in Wales bodies. These have included the Governing Body, the Bench of Bishops and some Diocesan Conferences two of which passed resolutions in 2014 requesting a review of some or all of the Church s age limits. A summary of discussions and developments in the period is given in Appendix The Standing Committee discussed age limits again in December 2014 and agreed to appoint a Working Group with the Terms of Reference and membership shown in Appendix 3. The Committee recognises the need to keep this subject under review and it is also concerned that age limits should be considered as a whole, not least to avert the risks of a piecemeal approach if dioceses or individual Governing Body members bring forward proposals to change individual provisions in isolation. Inconsistency in the rules or their application across the Province undermines the justification for the policy itself and may lead to unfairness. 4. The Working Group has met on seven occasions and this is its Report. Legal Context 5. The Working Group started its review by considering the current legal position regarding age related legislation. A note provided for the Group by the Representative Body s Solicitor is at Appendix 4. The note outlines emerging developments regarding age discrimination caselaw and looks particularly at the Equality Act The Act provides a legal framework to protect the rights of 1 s5 Age (1)In relation to the protected characteristic of age (a)a reference to a person who has a particular protected characteristic is a reference to a person of a particular age group; (b)a reference to persons who share a protected characteristic is a reference to persons of the same age group. Equality Act 2010 (2)A reference to an age group is a reference to a group of persons defined by reference to age, whether by reference to a particular age or to a range of ages 1

2 individuals and advance equality of opportunity in respect of certain areas described as the protected characteristics of which age is one. The Act does not make compulsory retirement ages unlawful. 6. In relation to its task of reviewing all Church in Wales age limits, the Working Group noted two particular aspects of the current legal position. The first is the scope of the Equality Act In addition to covering all aspects of an employment relationship the Regulations also apply to all workers including office holders although the Act does not appear to apply to membership of voluntary organisations. The second and crucial aspect is that the terms of the Act recognise that different treatment based on age grounds can be justified where it constitutes a proportionate means of achieving a legitimate aim. Such action must be justified objectively and, for this to happen, two elements of proportionality and meeting a legitimate aim need to be satisfied: a) Proportionality: The discriminatory effect of any age-based practice should be significantly outweighed by the importance and benefits of its legitimate aim, and the employer should have no reasonable alternative. If the legitimate aim can be achieved by less, or non-discriminatory means, then these must take precedence. b) Legitimate aim: A wide variety of aims may be considered legitimate, but they must correspond with a reasonable need on the part of the employer. Economic factors such as business needs and efficiency may be legitimate aims, but arguing that it could be more expensive not to discriminate will not in itself be a valid justification. Examples of a legitimate aim include but are not limited to: ensuring a spread of skills and experience for workers of all ages; inter-generational fairness; avoiding the damaging effects of capability procedures on an organisation; helping to achieve gender balance; allowing career progression; Health & Safety; orderly succession planning; workforce planning and retention; timeframes because of particular training requirements including the need for a reasonable period of employment before retirement. 7. It is important to recognise that what the Equality Act 2010 does not do is to outlaw compulsory retirement ages nor to prohibit differences of treatment based on age. An action or practice is not discriminatory if it can be justified as a proportionate means of achieving a legitimate aim. Ultimately it is a matter for the Courts to decide what constitutes a legitimate aim. As yet there is relatively little case law although three particular cases reported in Appendix 4 are relevant. In one (L J Seldon v Clarkson Wright & Jakes), retention of a fixed retirement age of 65 by a solicitors practice was deemed to be a proportionate means of achieving legitimate aims which in that case were retention of associate solicitors, workforce planning and what was termed congeniality (i.e. not blighting the inter-personal atmosphere in the partnership by challenging a partner with evidence of declining performance at 2

3 a time of life when it might be more likely). In a second case (Willey and Sharpe v England and Wales Cricket Board), the Tribunal held that the England and Wales Cricket Board (EWCB) was justified in imposing a compulsory retirement age on first class umpires in order to secure inter-generational fairness and orderly succession planning. In the context of this Report, the Working Party also noted that the EWCB s position appeared to have been strengthened by having a written justification for its policy regarding first class umpires. It is clear that in practice, to pass the test of objective justification, it would be necessary for an organisation to provide evidence as to why age restrictions or requirements are necessary. Assertions alone are not sufficient to defend a claim of age discrimination as stated in the case of White v Ministry of Justice 2. In that case it was held that the Ministry of Justice s submission that the compulsory retirement age of 70 for judges was objectively justified to reach a legitimate aim. 8. Against this background the Working Group agreed that in reviewing the Church s age limits and considering whether or not to recommend removal or retention, the following questions needed to be asked in each case: 1. Objectively, is there a reason why the age reference should be retained? 2. Can such retention be justified to reach a legitimate aim? 3. If retention is considered to be justifiable, is its retention proportional? Theological Context 9. Before looking at specific age limits, the Working Group also found it helpful to consider the theological context and some broader issues and principles which, alongside the legal position, are relevant to any discussion of this subject by the Church. 10. As this Report recognises, age-related questions reflect a dichotomy facing the Church. On the one hand there is the wish to attract younger members, a key theme of the 2012 Church in Wales Review and reflected in the Governing Body s decision in September 2014 to reduce the minimum age limit for Diocesan Conference membership. On the other hand, the Church draws heavily on the wisdom and experience of many of its members, ordained and lay, who have faithfully served the Church for many years and continue to do so. 11. The diversity and importance of the gifts given to all the baptised is at the heart of our understanding of discipleship. Jesus Christ who calls us pours gifts on his disciples to enable them in their ministry and to enrich the life of the Christian community. No one is, or should feel themselves to be, without a role within the Church. Equally, all the baptised should feel they have a voice which is heard in the discussions which take place about our ministry and mission. This is not always the case and was a concern raised in the 2012 Review and addressed in its first recommendation which proposed a more truly synodical model of Church government by enabling motions to be brought from parishes via Diocesan Conferences to the Governing Body in order to engage all groups within the Church in shaping its future and ensuring that no one would feel that their views were not 2. Mr G B N White v. Ministry of Justice, 24 November 2014, London Central Employment Tribunal, case number /2013 3

4 being taken seriously. This would also require new, or re-engaged, models of collaborative leadership and a concentrated effort to make the electoral process more open to the wider church. 12. The ministry of everyone who shares in discipleship through baptism is essential to the life of the Church. But how we fulfil that ministry and how that voice is heard will change at different stages in our lives and as new opportunities present themselves. No disciple is called to stand still or to hold on to what they have: we are called to follow and in so doing our roles change and will continue to change. We contribute our skills and we share our wisdom and experience but we also seek to enable and encourage others in their discipleship to empower the Church of today to be a strong Church of the future. General Issues and Principles 13. In that context it is important to emphasise at the outset that none of the comments or recommendations in this Report are in any way a reflection on the contribution made by older members of the Church. Indeed, there are many aspects of Church life where the part they play is hugely beneficial to the Church s well-being. Membership of the Church is lifelong and, as such, there is no concept of trying to exclude anyone. Rather the discussion is about what roles different groups should play. From that standpoint, and as the Church plans for a radically changed structure built on Ministry Areas, the Working Group feels it is necessary to consider whether the Church s current age profile - for example in some of those bodies and offices charged with developing such plans - reflects or models how the Church wishes to move forward. And, if it does not, would the continuation of some age criteria be a proportionate means of achieving a legitimate aim? 14. Another issue reflected in the Group s discussions has been the implications of how age-related issues are managed. For employers, any retirement ages must be justified (in the ways already described). This has brought with it the need to have in place policies and procedures which can, if necessary, be used to challenge an employee or office holder with evidence of declining performance at a time of life when this starts to become more likely. Similar arrangements would be needed for some Church offices should age limits be removed. In this context the Group has noted that where the Church has such procedures (e.g. through Clergy Terms of Service) they are still relatively new and untested. (The Terms of Service provisions were not designed to address issues arising from age limits.) Where procedures are in place, the Group is also very aware that exercising them can cause distress to all involved and particularly to those who have often given long and distinguished service. The Group has noted the judgment in the Seldon 3 case that the desire of avoiding such situations could be a legitimate aim

5 15. The Group has also looked closely at statistical information held by the Church which is relevant to a review of age issues. Detailed data is held on some aspects, e.g. regarding clergy (current ages, ages at ordination and ages at retirement) and the age profile of some provincial bodies. However it may be that, in order to monitor age-related issues effectively, the Church will need to collect more data in future. There is, for example, no comprehensive data on some issues where there are specific Constitutional requirements, such as the retirement age for Churchwardens. In such areas the Group has collected sample data which is referred to later in this report. 16. The data available for clergy is set out in Appendix 5. Particular points noted by the Working Group are: the average age of ordination as deacon in the Church in Wales since 2005 (Appendix 5.1) is: - 39 for stipendiaries (with averages for each diocese ranging from 36 to 44) and - 57 for NSMs (with diocesan averages ranging from 50 to 61); the current profile of stipendiary clergy in post (Appendix 5.2) shows that 50% are 55 or over; the average age of stipendiary clergy at retirement since 2005 (Appendix 5.3) has been 65 with 13% retiring after 67 and only 2% after The inconsistency with which some age limits in the Constitution are applied within the Church and the variations apparent between dioceses where statistics are available have also been noted by the Working Group. In terms of consistency, it will perhaps be no surprise that dioceses (and bishops) take different approaches to some of the age guidelines reviewed in this Report and consequently there are different practices within the Church. (See, for example, the different diocesan practices relating to the ordination and deployment of NSMs as shown in Appendix 5, Tables 5.1 and 5.2). 18. Taking the various issues in this section into account, the Group has looked at individual age limits not only in the context of the legal questions in paragraph 8 but also against the following principles: age limits should be considered and defined as part of a broader picture of how the Church s age profile reflects its 2020 Vision of what our mission requires us to be; the management of age-related issues through competency procedures should be avoided as far as possible because of the potentially damaging effects on the Church and on its faithful servants in their declining years; consequently there may be categories where the retention of age limits would be justified; consistency across the Church in the application of age limits is crucial to ensure fairness. There is of course also a risk of comparisons being drawn between dioceses should there be any legal challenges. That would, for example, produce a direct comparator which could be used in situations where individuals were seeking to claim against an organisation for discrimination related matters. 5

6 Review of specific Age Limits 19. Keeping in mind the legal context and general principles discussed so far, the Working Group has looked at all the individual age limits applied in the Church in Wales. These are grouped as follows: A. Employees B. Clergy C. Readers D. Legal Appointments E. Other Office Holders F. Provincial and Diocesan Bodies A. Employees 20. As noted, the legislation applies to all employees: continued reference to age in relation to assessment and employment would be held to be discriminatory. The Working Group noted that such changes as are necessary to rules and procedures relating to employees have already been made by the Representative Body and by Diocesan Boards of Finances as employers. So, for example, there is no longer a fixed retirement age for Representative Body staff and some have continued beyond the former retirement age of 65. At the same time the Representative Body has had in place for some time the necessary procedures to keep under review the competence and capability of all its employees. These procedures could be used as necessary to assess the performance of employees over the former retirement age. Accordingly no further action is necessary in respect of Representative Body and Diocesan Boards of Finance employees. B. Clergy 21. As Office Holders, the Equality Act 2010 applies to clergy. Consequently the various age limits relating to clergy need to be considered. Minimum Ages for Ordination 22. The Group noted that the minimum ages for ordination are 23 as a deacon, 24 (or 23 with a faculty from the Archbishop) as a priest and 30 as a bishop. These age limits are contained in the Church in Wales Canons and the Book of Common Prayer. It was also noted that most Provinces of the Anglican Communion have similar provisions. The Group felt it was highly unlikely that anyone would be ready for ordination before these ages. Given also the commonality of practice in the Anglican Communion the Group agreed that these ages were not a matter of primary concern and certainly not a priority for change. Accordingly, the Group does not propose any change to the current minimum age limits for ordination. Maximum ages for Ordination 23. The current upper age limits for ordination take the form of Bench of Bishops Guidelines agreed in 2000 which state that: 6

7 a) candidates for the non-stipendiary ministry should not normally be accepted for training if that candidate would be 60 years of age or over at the time of his or her eventual ordination; b) candidates for the stipendiary ministry should not normally be accepted for training if the candidate is 50 years of age or over at the time of the start of training; c) non-stipendiary ministers should not normally be allowed to transfer to the stipendiary ministry after the age of 55. Legal advice is that such limits could be deemed discriminatory unless they could be objectively justified to reach a legitimate aim. 24. The Group noted that these age limits are guidelines only, and that the discretion permitted to bishops by the term normally means that dioceses are now effectively operating different policies resulting in regular exceptions to the guidelines particularly regarding Non-stipendiary Ministry (as shown in 5.1 in Appendix 5) or Ordained Local Ministries. The view of the Working Group is that, if an age limit is retained for retirement (see below), there are valid arguments for retaining upper ages limit for ordination. These relate principally to the need for the Church to be satisfied that an ordinand is likely to have a reasonable period in post after training before reaching retirement. Although not a justification for an age limit in its own right, there also needs to be an awareness of the cost of training in relation to potential service. Training costs for full-time residential training, whether at St Michael s College or at an English Theological College, usually fall in the range of 25-30,000 per annum but can be up to 40,000 per annum if housing for a large family needs to be provided. The Group feels that it would be reasonable for the Church to expect a minimum period of 10 years service and so, if a retirement age of 70 is retained, recommends that there should be a maximum age of 60 for ordination to the priesthood. 25. In making this recommendation the Group also recommends: first, that the same age limit should apply to all clergy, stipendiary and non-stipendiary alike; secondly, that in the interests of fairness and consistency, it should apply in all cases; and thirdly, that the age limit should not be circumvented by agreeing to a truncated period of training in individual cases. Consequently selection will need to take place at an age when the candidate will have enough time for appropriate training before ordination at the maximum age of 60. Retirement Age 26. Clergy can normally retire at any time between 65 and 70. There are then two provisions for extension of the upper age limit for clergy (though not for Dignitaries): a cleric may postpone his or her retirement for three months; a Bishop, at his or her discretion, may allow a cleric to continue for such a period and to retire at such later date as the Bishop shall from time to time think fit (effectively leaving open, but in the hands of the Bishop, the age at which a cleric must retire). 27. Legal advice is that such age limits would be deemed discriminatory and therefore, if retained, need to be justified. 7

8 28. The Working Group noted that the laws of the vast majority of Churches in the Anglican Communion require clergy to retire at a fixed age, usually within the range from 65 to 72 but sometimes, as in the Church of Ireland, 75. In the Church of England and the Episcopal Church of Scotland the upper limit is 70. Most Churches also make provision for clerics to continue in office for a prescribed period beyond the retiring age with the approval of the Bishop. Within the Church in Wales since % of stipendiary clerics have retired at or before 65 while the average age at retirement has been 65. (See Appendix 5, Table 5.3.) 29. The Working Group favours retention of a compulsory retirement age and believes this is justifiable, in terms of the Equality Act 2010, for a number of reasons. First, while recognising the high proportion of clergy approaching the current retirement age, the Group believes the future needs and mission of the Church would best be served by taking all steps necessary to encourage more (and younger) vocations rather than by permitting clergy to stay longer in office. A second reason is to avoid the potential tensions and harm both to an organisation and to individuals which can arise when it is deemed necessary to invoke capability procedures because of the declining performance of someone with long and valued service. Through Terms of Service the Church now has a mechanism to manage competency issues but it would be undesirable for all involved for this to be used as a means of bringing about retirements. A third reason is that retention of a retirement age will, in time, provide the opportunity to achieve a better gender balance, particularly amongst clergy in senior posts. As the 2015 Report on Representation of Women in the Church in Wales has shown, women are still significantly under-represented in senior posts. In 2014 only 11% of Bishops, Deans, Archdeacons and Area Deans were women. In part this is because women have only been ordained priest in the Church in Wales since But retirement of senior clerics now provides much more opportunity to select from both genders as many more women clerics have been ordained for sufficient time to have acquired the necessary experience for such posts. Retention of a compulsory retirement age also provides more opportunities for career progression to senior appointments generally. 30. There is also, in the case of stipendiary clergy, a financial argument. At present there are 440 stipendiary clergy in post. Several dioceses have been indicating that their numbers of stipendiary posts are unsustainable in the longer term. There are also instances of dioceses having been unable to place curates for financial reasons. In the view of the Working Group, retention of an upper age limit is necessary to help to address these issues by sacrificing some experience in order to create more opportunities for younger clergy. 31. If the principle of retaining a retirement age is accepted, three further questions follow. What should such an age limit be? Should there be any provision for extensions beyond that limit? And should the age limit apply to all clergy? On the first question the Group believes that, as with most Churches in the Anglican Communion, the current age of 70 is appropriate. It also reflects the recent profile of retirements; since 2005 only 2% of stipendiary clerics have stayed in post beyond 70. On the second question, the Working Group would envisage 70 being the norm in order to achieve the principle of providing a greater degree of consistency across the Province. There could, nonetheless, be circumstances an emergency of some kind in a Ministry Area, for example which make the short-term postponement of a particular cleric s retirement desirable. In such cases the Group 8

9 agrees that the Bishop should have discretion to agree an extension but only in exceptional circumstances and then for a maximum of one year. On the third question, the Working Group takes the view that, to be consistent, the same age limit should apply to all clergy, non-stipendiary as well as stipendiary. With the exception of the financial argument, the other reasons for advocating retention of an age limit are equally applicable to NSMs. 32. The Working Group has also considered the question of whether the same principles should apply to bishops and to clergy holding senior appointments. It is the Group s view that 70 should be the upper age limit for all clerics, irrespective of office. In saying this, the Group is aware that, in the case of senior appointments, it can also be argued that there are younger clergy who could fill their shoes. The Group has also been asked to consider specifically whether any extension of the age limit should be permitted for bishops. (The three month extension provided for clergy in the Constitution does not apply to bishops.) On this point the Group does not feel that the exceptional circumstances envisaged for incumbents and Ministry Area Leaders are as relevant to bishops and other senior appointments as alternative cover can be arranged through other senior clergy. Consequently the Group does not advocate the introduction of any provision for dignitaries to postpone retirement after For the reasons given in the preceding paragraphs, the Group recommends retention of an upper age limit of 70 for retirement of all clergy with provision for an extension of a maximum of one year at the request of the Bishop but only in exceptional circumstances. (This provision would supersede both the current provisions for extensions referred to in para 26 above.) The extension should not apply to dignitaries. 34. In making these recommendations, the Working Group wishes to make very clear its recognition of the valued role played by clergy who are over this age. 70 does not and should not mark the end of their ministry but only of the time in which they can hold licensed office. There will continue to be many creative opportunities for clergy to exercise their ministry after retirement particularly through PTO. Other retirement issues 35. To complete this section the Group notes other retirement provisions for clergy which are in place or under discussion elsewhere: clergy can now take early retirement from the age of 55. This is in line with normal secular practice and no change is felt to be necessary; similarly there are adequate provisions for clergy to retire early on grounds of ill-health, assessed on a case-by-case basis; the normal pensionable age for clerics in the Clergy Pension Scheme (currently 65) is being reviewed by the Representative Body. 9

10 C. Readers 36. Although there is no provision in the Constitution for a retirement age for Readers, the Working Group has looked at current practice. As with many issues, there are significant diocesan variations. Some have no age limit although one diocese exercises the same retirement age for Readers as for clergy. Most dioceses also have a concept of the informal status of Reader emeritus, usually from the age of 75. Several dioceses have indicated that they would welcome a Provincial standard or guidelines. 37. As with clergy, the Working Group is persuaded by the arguments for an age limit, particularly in relation to the age-related image of the Church and the avoidance of competency cases. In addition, the Group is not attracted by the concept of emeritus status (for Readers or for other appointments). A similar purpose could be achieved by Bishops granting annual PTOs to Readers after the age at which Licences end. 38. The Group recommends that Readers should not be licensed over the age of 75, that this age limit should apply consistently across the Province and that there should be no title of Reader emeritus. However bishops should continue to be able to grant annual PTOs to Readers after 75 as well as considering other ways to thank retiring Readers for their valued service. D. Legal Appointments 39. The Constitution includes a raft of age limits for Legal Appointments as shown in Appendix 1. These include minimum ages and retirement ages for Chancellors, Registrars, Provincial Court Judges and members of the Disciplinary Tribunal. A note by His Honour Philip Price QC (a member of the Working Group) about Age Limits for Legal Officers is at Appendix 6. The note sets out the functions of the various different legal officers and legal bodies and analyses patterns of service and ages. 40. Drawing on the analysis in Appendix 6, the Working Group sees no need to retain minimum ages. It is likely that they contravene current legislation as there is no objective justification for them. The key criteria for such appointments are appropriate skills and experience. 41. However the Group favours retention of upper age limits on the grounds that this helps to create opportunities for younger appointments bringing new and current professional skills, as well as helping with succession planning. An upper age limit for such appointments also averts the potential difficulties around competency issues already raised in this Report. The retirement age that currently applies to most of these posts and appointments is 70 (or, in the case of clerical members, on their retirement if earlier). The Group feels that this is an appropriate retirement age for all categories of legal appointments. Chancellors and Registrars in particular must be professionally qualified in order to be eligible for appointment and are exercising their professional skills; this suggests to the Group that their retirement age should be the same as for clergy. Clergy who are members of the Courts or the Disciplinary Tribunal would cease to be eligible, as now, on their retirement from office should they retire before 70. For the sake of consistency, the Group also proposes that the same age should apply to all categories of legal appointments. 10

11 42. In the case of some appointments, there is currently provision for postponement of the date of retirement, e.g. for up to two years, at the discretion of the diocesan bishop, in the case of Chancellors. The Working Group is of the view that there is no sufficient justification for that extension. 43. The Working Group therefore recommends that the following age limits should apply for future Legal Appointments: Registrars & Deputy Registrars (Provincial Court, Diocesan Courts, Tribunal) Chancellors & Deputy Chancellors Provincial Court Judges Disciplinary Tribunal members Minimum Age Retirement Lay Retirement Cleric None (or on retirement if earlier) E. Other Office Holders Churchwardens & Subwardens 44. The current age limit of 75 for Churchwardens and Subwardens is one of the more contentious age limits in the Constitution. It was the particular focus of a debate in the Governing Body in 2009 and indirectly of the Governing Body debate in September 2012 on age limits generally. The Constitutional provisions for Churchwardens include ineligibility: on reaching Governing Body retirement age (i.e. 75); for re-election after six consecutive annual terms of office. Archdeacons have a power of dispensation concerning the latter criterion but not the age limit. 45. The Working Group has heard both schools of thought about this particular age limit. On the one hand there are reports of parishes unable to find anyone below the age limit willing to take on a Churchwarden s responsibilities: in such cases Churchwardens may well just reflect the age of members of those congregations. On the other hand there are reports of Churchwardens unwilling to stand down on reaching 75 with parishes reluctant to ask them to do so as this might appear unseemly and unfeeling. 46. As statistical information about Churchwardens ages is not routinely held by the Church, the Working Group asked each diocese to obtain a sample by collecting information from one of its archdeaconries. The results are given in Appendix 7. The key point is that, within the returns from this sample of six archdeaconries, 13% of Churchwardens and Subwardens are over the Constitutional age limit of 75 (including 4% who are over 80). This tends to confirm anecdotal reports. 11

12 47. As in other areas covered in this report, the Working Group takes the view that there are reasons for retaining a retirement age. It is probable that equality legislation would apply to Churchwardens because it covers volunteers and so there would need to be objective justification for retention. The Group again feels this comes from the need to regenerate the Church through involving younger people in such roles. In this context the argument that there is no-one else to do the job should also become less significant with the move to Ministry Areas. 48. However, while the Group favours the principle of retaining a retirement age for Churchwardens and Subwardens, the statistics given in para 46 and Appendix 7 show clearly the practical implications. A substantial minority of Wardens are over the Constitutional age limit and the Group recognises that it would be inappropriate and impractical to suggest that steps be taken to try to enforce it in the short term. For this reason, the Group feels that reinstatement of an age limit should be a longer term aspiration and that, in the meantime further consideration should be given to the role of Churchwardens within the life of the Church. It is recognised that there can be a tendency to sometimes ask, or even expect, anyone taking on the role of Churchwarden to be willing to undertake several other roles as well. To encourage younger people to accept these appointments there is a need to ensure that the role is kept manageable without being encumbered with additional responsibilities. 49. The Group believes that 75 remains an appropriate retirement age for Churchwardens and Sub-wardens but at the same time is very mindful of the realities of the present age profile. In this context the Group recommends that the retirement age of 75 should be retained but not enforced until 2020 for those over 75 already in post. In the meantime consideration should be given to reviewing and clarifying the role of Churchwardens (with a view to ensuring that it is not seen as taking responsibility for too many aspects of the life of a parish) and to identifying ways of encouraging other (younger) church members to take on such responsibilities. This approach would also provide time for dioceses to review the position of those Churchwardens who are over the current age limit. The Working Group was also concerned to discover that Churchwardens who are over 80 are not covered by the personal accident provision of the Church s insurance policy with Ecclesiastical. 50. Linked to the issue of the age limit for Churchwardens is the restriction on the maximum term of office to six consecutive annual terms. The survey of six archdeaconries also collected information about this. While the returns were less clear cut on this point there was certainly evidence of some periods of continuous service of considerably more than six years. Although this does not fall directly within its terms of reference, the Group has concerns about potentially unlimited extensions of this kind and recommends that any appointment after six consecutive annual terms of office should only be made after consultation with the relevant archdeacon who should retain records of any such appointments and inform the diocesan bishop. PCC Membership and the Electoral Roll 51. The Constitution stipulates a minimum age of 18 for lay membership of a PCC. PCCs are trustee bodies and 18 is the minimum age for trustees under statute. It is therefore a legal requirement which cannot be changed by the Church. There is no maximum age for PCC membership and the Working Group does not propose that there should be one. 12

13 52. For the Electoral Roll there is a minimum age of 16 for lay members and no upper age limit. Again, the Working Group does not propose any changes. F. Provincial & Diocesan Bodies 53. Provision for retirement ages for the main Provincial Bodies was harmonised by the Governing Body in April For the Governing Body, the Representative Body and the Electoral College there is a retirement age of 75 for lay members and 70 (or on retirement if earlier) for clerics. Diocesan Conferences have an upper age limit of 70 (or retirement if earlier) for clerics but no age limit for lay members. Diocesan Parsonage Board members must be eligible to be members of the Diocesan Conference. The Regulations for membership of Diocesan Churches and Pastoral Committees stipulate a retirement age of 70 for clerics and 75 for lay members. 54. The Constitution also includes a minimum age limit of 18 for lay membership of the Governing Body, Representative Body and Electoral College. A similar age limit for the Diocesan Conference was reduced to 16 by the Governing Body in September Information on the current age profiles of Governing Body and Representative Body members is given in Appendix 8. This shows that: 47% of Governing Body members are over 60 (with individual diocesan figures ranging from 30% to 63%); 75% of Representative Body members are over 60 and only 8% under 50. In addition information is given in Appendix 8 about the number of years of continuous membership of Governing Body members. Although not directly within the Group s terms of reference this information is included because one Governing Body member has suggested that there should be a limit of say 9 years on continuous membership for lay members. In fact the statistics in Appendix 8 belie the notion of a very static membership: 107 out of 141 members in September 2015 had continuous membership of 5 years or less (76%); only 5 members had continuous membership of more than 15 years (4%); in the last few years there has been a considerable turnover e.g. 77 new members or members returning after a break (55%) in the last 3 years; in the mid/late 2000s (following the reduction in the size of the GB) turnover was much lower e.g. 23 new members (16%) in the 3-year period Encouragingly the figures show that, certainly in recent years, membership of the GB has been continually refreshed. 13

14 56. Legal advice is that age limits for these various bodies would not be deemed discriminatory in terms of equality legislation as they are made in accordance with the Church s own internal regulations. But even if they could not be challenged under equality legislation, does the Church feel age limits are desirable for these decisionmaking bodies? The Working Group s view, in keeping with its general advice on this issue, is that retention of an upper age limit would help to create more room for and encourage younger members of these bodies. However, age limits are not, and should not be, the only means of trying to pursue this objective. The Governing Body s recent decision to meet at a weekend in April 2017 and the current consideration being given to the creation of a Provincial Youth Forum are steps in the same direction. 57. The Working Group therefore recommends retention of an age limit of 75 for lay membership of the Governing Body, Representative Body and Electoral College and an age limit of 70 (or retirement if earlier) for clerical members of these bodies. 58. In terms of diocesan bodies, the Working Group has considered the proposal from the diocese of Monmouth to remove the current age limit of 70 in order to enable all clergy holding licences in the diocese to be members of the Diocesan Conference. In keeping with the views expressed throughout this Report, the Group feels that such a change would run counter to its objective of bringing younger members on to such decisionmaking bodies. The Group also recognises that the proposal runs counter to practice in other dioceses. For these reasons, the Working Group recommends retention of the current age limit of 70 (or retirement if earlier) for clergy to be members of the Diocesan Conference, Diocesan Parsonage Boards or Diocesan Churches and Pastoral Committees. For and on behalf of the Working Group The Venerable Christopher Smith, Archdeacon of Morgannwg Chair February

15 Summary of Recommendations Clergy S1. If a retirement age of 70 is retained, there should be a maximum age of 60 for ordination to the priesthood. (Para 24) In respect of this recommendation: the same age limit should apply to all clergy, stipendiary and non-stipendiary alike; in the interests of fairness and consistency it should apply in all cases; and the age limit should not be circumvented by agreeing to a truncated period of training in individual cases. (Para 25) S2. An upper age limit of 70 for retirement of all clergy should be retained with provision for an extension of a maximum of one year at the request of the Bishop but only in exceptional circumstances. The extension should not apply to dignitaries. (Para 33) Readers S3. Readers should not be licensed over the age of 75 and that age limit should apply consistently across the Province. There should be no title of Reader emeritus although Bishops should continue to be able to grant annual PTOs to Readers after 75 as well as considering other ways to thank Readers for their valued service. (Para 38) Legal Appointments S4. The following age limits should apply for future Legal Appointments: Registrars & Deputy Registrars (Provincial Court, Diocesan Courts, Tribunal) Chancellors & Deputy Chancellors Provincial Court Judges Disciplinary Tribunal members Minimum Age Retirement Lay Retirement Cleric None (or on retirement if earlier) (Para 43) Churchwardens & Subwardens S5. The retirement age of 75 for Churchwardens and Subwardens should be retained but not enforced until 2020 for those over 75 already in post. In the meantime consideration should be given to reviewing and clarifying the role of Churchwardens (with a view to ensuring that it is not seen as taking responsibility for too many aspects of the life of a parish) and to identifying ways of encouraging other (younger) church members to take on such responsibilities. (Para 49) 15

16 S6. Any appointment of a Churchwarden after six consecutive annual terms of office should only be made after consultation with the relevant archdeacon who should retain records of any such appointments and inform the diocesan bishop. (Para 50) Provincial & Diocesan Bodies S7. An age limit of 75 should be retained for membership of the Governing Body, Representative Body and Electoral College and an age limit of 70 (or retirement if earlier) for clerical members of these bodies. (Para 57) S8. The current age limit of 70 (or retirement if earlier) for clergy to be members of the Diocesan Conference, Diocesan Parsonage Boards or Diocesan Churches and Pastoral Committees should be retained. (Para 58) 16

17 Appendices 1. Church in Wales Age Limits (page 18) 2. Summary of discussions and developments: (page 20) 3. Working Group s Terms of Reference and Membership (page 23) 4. Age Discrimination Advice of the Head of Legal Services of the Representative Body (page 24) 5. Statistical Information re Clergy 5.1 Ages at Ordination (page 29) 5.2 Age profile of stipendiary and non-stipendiary clergy in post (page 33) 5.3 Retirement ages of stipendiary clerics (page 37) 6. Age Limits for Legal Officers Note by His Honour Philip Price QC (page 38) 7. Churchwardens & Subwardens (page 42) 8. Provincial Bodies 8.1 Governing Body age profile, years of continuous membership and new members (page 43) 8.2 Representative Body age profile. (page 45) 17

18 CHURCH IN WALES AGE LIMITS Appendix 1 CLERGY 1. For ordination as deacon 23 For ordination as priest 24 (or 23 with a Faculty from the Archbishop) For consecration as bishop Retirement age for Clergy save in defined circumstances 3. Early retirement of Clergy. Provision for voluntary early retirement from 55 (or at any age on health grounds) 4. Maximum age for entering the Ministry Stipendiary Clergy under 50 at the start of training Non Stipendiary under 60 at the time of ordination LEGAL APPOINTMENTS 5. Registrar of the Tribunal Minimum age 30. Retirement age Disciplinary Tribunal Provision for Clergy and Lay members. Clergy minimum ages will be governed by Ordination requirements see 1 above. No specific minimum prescribed for Lay members. Maximum age is 70 or in the case of clerical members earlier retirement 7. Registrar and Deputy Registrar of Diocesan Court Minimum age 30. Retirement age Chancellor of the Diocesan Court Minimum age 30. Retirement age 70 (with provision to extend to 72) 9. Registrar of Provincial Court Minimum age 30. Retirement age Provincial Court Judges Ecclesiastical Judges to be of at least 15 years standing in Holy Orders and who have not retired or reached the age of 70. Lay Judges to be communicants over 35 and under 75 OTHERS 11. Churchwardens and Subwardens Minimum age 18. Maximum PCC membership Minimum age 18. No maximum 13. Electoral Roll Minimum age 16. No maximum Reference Book of Common Prayer 1662 as amended & 1990 Age of Ordination Canon Constitution Chapter VIII Maintenance of Ministry Scheme Schedule Part II ss 6 & 18 Bench of Bishops Guidelines subject to individual Diocesan Bishop s discretion Constitution Chapter IX s20 Constitution Chapter IX ss10&13 Constitution Chapter IX s27 [the 75 provision is now redundant] Constitution Chapter IX s24 Constitution Chapter IX s35 Constitution Chapter IX s29 Constitution Chapter IV C s14 and Regs 14&15 Constitution Chapter IV C s10 Constitution Chapter IV C s4(2) 18

19 BODIES AND COMMITTEES 14. Governing Body Membership a. Clergy Minimum age governed by age of Ordination see 1 above maximum age 70 (or retirement if earlier) b. Lay member Minimum age 18. Maximum Representative Body Membership Clergy and Laity as for the Governing Body 16. Electoral Colleges Clergy and Laity as for Governing Body 17. Diocesan Conferences Minimum age 16. Maximum 70 (or retirement if earlier) for clerics. No maximum for laity 18. Diocesan Parsonage Boards (linked to Diocesan Conferences) 19. Diocesan Churches & Pastoral Committees Maximum age 70 for clergy, 75 for laity Constitution Chapter II s5 Constitution Chapter II s6 Constitution Chapter II ss6&7 Constitution Chapter V Reg 1 Constitution Chapter IVA s7 & 8 Constitution Chapter IVA s27 Constitution Volume II Constitution of Diocesan Churches & Pastoral Committees s3 19

20 Age Limits Appendix 2 Summary of discussions and developments: Governing Body and Standing Committee 1. In April 2009 the Governing Body discussed a variety of age limits after a member had requested a review of the requirement for Churchwardens to retire at 75. The debate reflected a wide divergence of views on whether, in principle, age limits should apply but at the end of the debate the GB decided that: the age limit of 75 should apply to both churchwardens and sub-wardens; the age limit for Electoral College lay membership should be raised from 70 to 75; an age limit of 75 should be introduced for lay membership of the Provincial Court; the age limit for clergy on Provincial Bodies/Committees should be 70 or the date of retirement if earlier. 2. Following that debate, in July 2009 the Standing Committee decided not to put forward any further recommendations on age limits at that stage although it was noted that the whole question of age limits within the Church might be affected in the future by legislation and changes in society. 3. Also in 2009 the provision in the Constitution of a retirement age of 65 for Diocesan Inspectors was removed (as the provision contravened the Age Discrimination Regulations and the Representative Body s own employment rules). 4. In July 2011 the Standing Committee considered a further request to revisit age limits but decided that it was not appropriate to do so at that time. 5. In September 2012 the Governing Body debated a Private Members Motion proposing removal of the 75 age limit for membership of the Governing Body, Representative Body, Electoral Colleges and Diocesan Churches & Pastoral Committees. The motion was lost by (with 23 abstentions). 6. In July 2013 the Chairman of the Standing Committee reported to the Committee that work was being undertaken on the question of age limits. It was felt that the procedures for Ministerial Review and handling capability issues needed to be better established before any consideration could be given to whether the retirement age for clergy should be reviewed. 7. At its meeting in September 2014 the GB agreed, again following a Private Members Motion (albeit one backed by a diocese), to reduce the minimum age limit for membership of Diocesan Conferences from 18 to

21 Bench of Bishops 8. The Bench of Bishops has, on a number of occasions, discussed age restrictions on accepting candidates for ministry and how the retirement age of 70 for clergy should be applied in the context of the Regulations. Dioceses 9. In October 2014 the Monmouth Diocesan Conference passed a resolution asking the Governing Body to remove the age limit in the Constitution (currently 70) for clergy holding licences to be members of the Diocesan Conference: The Standing Committee of the Monmouth Diocesan Conference proposes that the Conference petition the Governing Body of the Church in Wales to amend Chapter IV A, Part 2, Section 8, sub-section 2 of the Constitution to read: - (2) Clerical membership of the Conference shall cease in the case of any such stipendiary Cleric upon retirement from the stipendiary ministry and in the case of all clerics holding a licence from the Bishop upon ceasing to hold that license. 10. The St Davids Diocesan Conference also passed a resolution in October 2014 asking the Governing Body to review and in so far as practicable and lawful, repeal all age restrictions: The upper age limit on service in parish, deanery and diocesan lay offices has a negative impact on the life and mission of the church and produces no discernible benefit; therefore this Deanery Conference asks the Diocesan Conference to rescind age limits where they have been imposed by Diocesan Conference. In addition it requests that the Governing Body of the Church in Wales conducts an extensive review of the impact of the Equality Act 2010 on age related restrictions contained in the Constitution of the Church in Wales in so far as the Clergy, Laity and those who hold office in the church are concerned, with a view to achieving, in so far as practicable and lawful, the repeal of all such age related restrictions. This has been brought to the Governing Body as a Private Members Motion but held over pending the outcome of this review. 11. In addition the Bishop of St Davids has asked the Standing Committee to consider raising the compulsory retirement age for clergy from 70 to 75 as well as reviewing the anomaly that whereas clerics have three months grace after the date of retirement after attaining their seventieth birthday, bishops do not. 21