The Most Revd Harry Goodhew, Anglican Archbishop of Sydney has indicated to the members of the Synod of the Diocese of Sydney that he has decided not to give assent to The Preaching and Administration of Holy Communion by Lay Persons and Deacons Ordinance 1999.

"Having carefully and prayerfully weighed these matters I have decided to withhold my assent to the Ordinance," Archbishop Goodhew said. "I hope that members of the diocese will understanding my reasoning even if they cannot share it. I hope that those elsewhere who may be pleased with my decision will exercise similar restraint when dealing with the moral issues on which the Bishops at Lambeth expressed such a clear view."

Archbishop Goodhew indicated that there were three matters that emerged as the most important in coming to his decision.

The first was the strength of the Synod voting. "It certainly has great weight with me," he said.

The second is "my role as a Bishop in this Church." As a diocesan bishop he states he is "bound to uphold the Constitution of the Anglican Church of Australia."

The Archbishop pointed out that a 1997 Opinion of the Appellate Tribunal, the highest legal body in the Anglican Church of Australian, said that an individual diocese did not have the power to pass an Ordinance of this kind without the authority of a General Synod Canon. "This Opinion cannot be taken lightly," he said. It was a 6/1 view in the Tribunal.

"The impact on the Australian [Anglican] Church and the wider Communion" is the third area which has weighed heavily on the Archbishop's decision. In the ensuing months since the 1998 Lambeth Conference, Archbishop Goodhew has been active with a number of other Archbishop and Primates from Asia, Africa and South America, in calling on 'liberal' bishops in the US, Canada and the UK not to act unilaterally in giving approval of certain moral issues, which include the ordination of practising homosexuals and of church recognitions and 'blessings' of same-gender unions.

"I am particularly sensitive on this point because I have been engaged since Lambeth with other parts of the Communion arguing against unilateral action over crucial moral issues and attendant theological norms," Archbishop Goodhew said. "To act unilaterally myself and without wide consultation would undermine my credibility in those ongoing debates."

The Ordinance, which has been on the Synod's agenda for some years was passed through its final stages on Tuesday 19 October, the final day of sitting for this year. It passed with a strong vote in favour in both the House of Laity (224 for, 128 against, 1 informal vote) and the House of Clergy (122 for, 66 against, 2 informal votes). While it was a strong majority vote it just failed to reach a 2/3rds vote in either House.

Lay persons and deacons would have been allowed under the Ordinance to be the officiant at a Service of the Holy Communion. The synod's terminology for this action is 'administration', though it is commonly referred to as 'presidency' in the worldwide Anglican Communion.

Since Archbishop Goodhew has declined assent to the Ordinance, it lapses and will not come into effect. Section 5 ( c ) of the Anglican Church of Australia Constitution Act 1902, which regulates Anglican Dioceses in the Province of NSW, states that no ordinance will come into effect or have any validity unless within one month after its passing the Bishop shall assent to it in writing.

When a bishop declines his assent there is provision within that 1902 Act for a diocesan synod, if a bishop declines assent a second time, to refer the legislation to a meeting of the NSW Provincial Synod. If a synod makes such a reference and the NSW Provincial Synod votes for it, the ordinance would come into force even though the bishop declined assent. However, observers say this is unlikely to happen with Sydney's Ordinance, since there is no guarantee it would receive support in the Provincial Synod.

Archbishop Goodhew has circulated a copy of his statement to all members of the Synod of the Diocese of Sydney.

The complete text of Archbishop Goodhew's statement follows:

Decision concerning the Preaching and Administration of Holy Communion by Lay Persons and Deacons Ordinance

On 19th October 1999 the Synod of the Diocese passed the third reading of the above Ordinance by a majority of 122 to 66 in the house of clergy with 2 informal votes, and 224 to 128 in the house of laity with 1 informal vote. Section 5 ( c ) of the Anglican Church of Australia Constitution Act 1902 states that,

no ordinance shall take effect or have any validity unless within one month after the passing of the same the Bishop shall assent thereto in writing....

Unless I give my consent prior to 19th November 1999 the Ordinance will not take effect and will have no validity.

I have given this matter considerable thought. I have sought to weigh the options and the issues and consequences associated with each. I value the prayers that have been offered on my behalf and the comments and letters I have received.

Three matters have emerged as the most important in coming to my decision. The first is the strength of the vote in favour of the Ordinance. It cannot be said that the matter has not been well canvassed and the Synod has delivered a clear verdict. The majority was not quite 2/3. No bishop can ignore the opinion of his Synod so strongly expressed. It certainly has great weight with me if for no other reason than that in 1985 I presented to the Synod, on behalf of a Committee appointed to consider this issue, a Report that supported Lay Presidency. The substance of my dissenting view can be read in the Report but I am well aware of, and appreciate, the strength of the Scriptural and theological arguments advanced in support of the Synod's decision.

The second is my role as a Bishop in this Church. Though elected as the Bishop of this diocese I am bound to uphold the Constitution of the Anglican Church of Australia. The matter touches not only the life of my diocese but the Church in Australia and the wider Communion and I must consider my constitutional responsibilities. I am bound to ask whether this Ordinance is one which a single diocese can validly make? I do not believe that I am required to weigh the answers of individuals to this question. As a bishop I have both the right and the duty to accept the opinion of the body established by this Church for giving an opinion on such an issue. On 24th December 1997 the Appellate Tribunal gave an Opinion by a majority of 6 to 1 that an individual diocese did not have the power to pass an Ordinance of this kind without the authority of a General Synod Canon. This opinion cannot be taken lightly.

The third is the impact on the Australian Church and the wider Communion of my decision. If I was not aware of it before, correspondence and phone conversations over the last weeks have certainly convinced me that whatever we do will have a significant impact. I am particularly sensitive on this point because I have been engaged since Lambeth with other parts of the Communion arguing against unilateral action over crucial moral issues and attendant theological norms. To act unilaterally myself and without wide consultation would undermine my credibility in those ongoing debates. Having carefully and prayerfully weighed these matters I have decided to withhold my assent to the Ordinance.

I hope that the members of the diocese will understand my reasoning even if they cannot share it. I hope those elsewhere who may be pleased with my decision will exercise similar restraint when dealing with the moral issues on which the Bishops of Lambeth expressed such a strong and clear view.

(The Most Revd) R H Goodhew
Archbishop of Sydney Dated: 10 November 1999