United Grand Lodge
of Antient, Free and Accepted Masons
of England


 
Province of
South Wales Eastern Division

News
Report

National Assembly 
to review policy on Freemasonry

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Freemasonry was very much in the spotlight when the Standards of Conduct Committee of the National Assembly for Wales (NAW) met on Wednesday 4th April 2001.

Background

Under the standing orders of the Assembly, elected members are legally required to register whether or not they are Freemasons. No other organisation is singled out for specific mention in the same way as Freemasonry - and no other elected body in the United Kingdom has this mandatory and discriminatory requirement. This has caused great concern among the many thousands of Welsh Freemasons and their families.

Most Freemasons would accept that being a Mason is something that a member definitely should declare in the register of interests. Their objection and concern is about the singling out of Freemasonry in the standing orders. No mention is made of other organisations, such as Rotary, Round Table, Probus, Opus Dei, Catenians or any of the many other fraternal bodies.

When the NAW Standing Orders were first being considered, the (then) Provincial Grand Master, The Rt. Hon. The Lord Swansea sent a letter objecting to the inclusion of the requirement. As leader of the largest of the four Welsh Masonic Provinces, he voiced concern on behalf of all Freemasons in Wales.

The matter was again raised in a letter to the NAW's Presiding Officer, Lord Elis Thomas, by Provincial Grand Secretary James R. Bevan in September 2000. His letter questioned the legality of this requirement in the light of the Human Rights Act, 1998, which was due to come into force on 1st October 2000.

Before the Committee

And so it was that on a bright and blustery April morning that a contingent of Freemasons went to give evidence to the Standards Committee. The Chairman, David Melding, A.M. began by welcoming our representatives who were John Hamill, Director of Communications for the United Grand Lodge of England; and James R. Bevan, Provincial Grand Secretary for South Wales (Eastern Division).

Open to legal challenge

David Lambert, a Legal Advisor to the committee was first to speak, outlining the background to the specific inclusion of Freemasonry in the list of interests required to be registered by AM's. (Mr Lambert's written submission to the Committee can be seen by clicking HERE.) 

Mr Lambert explained that the National Assembly Advisory Group (NAAG), had recommended that the requirement should be included. He (Mr Lambert) had been the Legal Advisor to the Statutory Commission on Standing Orders which had advised that the requirement should not be included, because of the possibility of legal challenge.

Faced with these two conflicting options, the Assembly's then First Secretary, Alun Michael had decided to recommend to the Assembly that the requirement should be included.

Mr Lambert said that the current legal situation was unclear, but that a  judgement expected shortly at the European Court of Human Rights would possibly clarify the position. However, he felt that it would be possible to argue that the inclusion of the requirement in the Annex to Standing Order 4 was in breach of Article 8 of the European Convention on Human Rights (ECHR). 

He went on to outline the situation in other democratically elected bodies within the United Kingdom, and to recount the basis on which Alun Michael had persuaded AM's to vote in favour of the inclusion of the requirement. Mr Michael's argument had been based on the two Home Affairs Select Committee Reports on Freemasonry. He did not refer to the subsequent Home Office replies which brought into question some of the pertinent recommendations of the reports. In particular, concerns about conflicts with Data Protection and Human Rights legislation were highlighted.

Putting the case for Freemasonry

John Hamill then made the following  presentation to the Committee. 
 

Freemasonry is one of the world's oldest secular fraternal societies. Under our Grand Lodge, of the almost 150 Grand Lodges we are in amity with around the World, freemasonry is an organisation of men who have a common interest in the maintenance of morality, high standards and the giving of service within the community.  From the earliest records we have, there has been a ban at Masonic meetings on the discussion of the two subjects which most divide people, religion and politics. Neither the Grand Lodge, nor individual members acting in their Masonic capacities will express an opinion on matters of religion, politics or state or social policy. We know that these subjects divide; we are more interested in what people have in common and how they can build on that commonality for the good of the community as a whole. The prime qualification for admission is a belief in a Supreme Being. How an individual worships is a matter for his own conscience. There are no religious, political, social or ethnic qualifications for membership. And as a result the current membership of Freemasonry under our Grand Lodge is a microcosm of the society in which it currently exists. Society, however, is not exclusively male, which raises the question of why our Grand Lodge limits membership to men.  Historically, when Freemasonry was emerging and organising, the position of women in society was radically different from today. We have continued along the path of being a male only organisation and our members see nothing inherently wrong in men meeting together to follow their particular aims. That is not in any sense a negation or a denigration of women. Indeed, a substantial number of our members would say that they could not continue in membership without the support of their wives and families, who are very much involved in the social side of Freemasonry. Freemasonry for women exists separately from our Grand Lodge. There are two Grand Lodges of women Freemasons who equally find nothing inherently wrong in women wishing to mix together without men being present, and have no wish to join in our meetings. In addition, there is a small "Co-Masonic" organisation which involves both men and women. The most visible and tangible way Freemasonry works within the community is in the field of charity - one of our three great principles. Charity operates on a national and a local basis. Nationally, we have four central charities aiding the young; the elderly; the sick; and making grants on behalf of Freemasonry as a whole to non-Masonic charities and causes.  Last year the Grand Charity expended £2.1 million supporting Freemasons and Masonic Charities and the dependants of Freemasons, and £2.8 million in making grants to non-Masonic Charities. In the last few years major grants have been made to causes such as: The Macmillan Children's Cancer Nurses CRISIS Age Concern The St. John's Ambulance Teaching hospitals and university medical schools to fund research into diseases and accidents to the elderly and to children; and to organisations concerned with the welfare of the physically and mentally disadvantaged. In the year 2000 the Masonic Trust for Girls and Boys set aside £7.5 million as a capital fund to provide for the acquisition, maintenance and updating of computer systems for the sadly growing number of children's hospices to enable the children, via the internet, to continue their education and to keep in contact with families and friends. Of particular relevance to your Committee, in this area, the Ty Hafan Children's Hospice received £45,000 in grants to get their internet system going and have been guaranteed £5,000 p.a. to keep their system up to date. I understand, from local press coverage, that Ty Hafan themselves have said that since January 1999 they have received £145,000 worth of support from Masonic sources in this part of South Wales. On a local basis, each Provincial Grand Lodge and individual Lodges have their own charity funds from which they give assistance to members in distress and give assistance to local non-Masonic causes. The amounts involved have never been centrally recorded. Charity, however, is not simply the collecting and giving out of money. Many Freemasons, collectively and individually, give of their time and talents in the service of the community. Freemasonry has existed in Wales since a Lodge was opened in 1724 in Carmarthen. In 1727 Provincial Grand Masters were appointed for North Wales (Captain Hugh Warburton), and for South Wales (Sir Edward Mansel, Bt.). North Wales is now the second oldest Province under our Grand Lodge. South Wales was divided in 1848 into Eastern and Western Divisions. The Province of Monmouthshire was formed in 1753. Today, the four Provinces oversee a total of 344 Lodges with, in round terms, 18,700 members. In the last 15 years, Freemasonry has been the subject of scrutiny by certain Public Authorities. This was as a result of Freemasonry having been too introspective for a period of 40 years from the late 1930s combined with a deliberate policy in post-war years of not dealing with the media. This allowed the more unscrupulous in the profession of journalism, and the conspiracy theorists, to build up a number of myths. First, that Freemasonry is a secret society - which it is demonstrably not. Secondly, that Freemasons favour each other to the disadvantage of others - which is wholly contrary to our rules and our ethos. Thirdly, that Freemasons interfere in the workings of the Criminal Justice system - yet the Home Affairs Select Committee of the House of Commons were unable to find testifiable evidence to support an allegation, but did refer to a paranoia on Freemasonry in some quarters. Fourthly, that Freemasons interfere in the administration of Local Authorities. Yet the Local Government Ombudsman has stated that in the period 1995-1999, his service received 76,951 allegations of wrongdoing in local government, of which only 24 cases claimed interference by Freemasons. And of those 24, in only two cases of technical maladministration in that declarations of interests, including Freemasonry, had not been made, but emphasised that the non-declaration had had no effect on the decisions taken. And fifthly, that there is a public perception that Freemasons are not to be trusted. Yet the only occasion that this perception has been tested, an ITV Teletext poll at the time of the second Home Affairs Committee hearings in the House of commons, a significant majority said they had no problem with Freemasonry. These myths have led to a number of public authorities seeking to force their members to register whether or not they are Freemasons. Freemasons have no problems with declaring an interest, but believe that the singling out of Freemasonry among the many voluntary organisations to which an individual can belong, to be discriminatory, an invasion of their rights of privacy, and contrary to the rules of natural justice. The moreso, as the only reason usually given for singling Freemasons out in this way is an alleged public perception, for the existence of which no-one has so far produced any evidence. The introduction into our legal system last October of the Human Rights Act has added a new dimension which has caused a number of Public Authorities either to withdraw their policies or to re-think them. In the area of Local Government, on the advice of their own legal departments that continuing to require employees to register whether or not they were Freemasons would lead to a successful challenge under the Human Rights legislation, Gwynedd County Council ad the County Councils for Staffordshire, Cambridgeshire and Essex have withdrawn their Masonic registration policies. On the national level, the Home Secretary last year conducted a consultation process relating to Masonic membership in the Police in England and Wales. He was to have announced by the end of February (2001) whether the government would opt for further voluntary registration or bring forward legislation introducing mandatory registration. When no announcement was made by the end of February, an enquiry was made of the Home Office which elicited the response that they were still considering some difficult issues thrown up by the responses. In particular, the issue of compatibility with Convention rights arising under Articles 8 and 14 of the Conventions. Those articles being the right to respect for privacy and family life, and the right not to be discriminated against. We have of, course, taken legal advice ourselves as to the operation of the Human Rights Act. Our legal counsel is in agreement with Mr Lambert in each of the rights that are enshrined in the Act there is a clause laying out where those rights may be set aside, but to set aside those rights, three challenges have to be met. First, whether the set aside is prescribed by law, which it is clearly not in the case of Freemasonry because there is no law requiring Freemasons to register anywhere. Secondly, it must be directed towards an identified object in the second part of the clause dealing with the particular right. Our legal representatives believe that an alleged public perception is not an identified object. And thirdly, it must be perceived to be necessary in a democratic society, and a proportionate response to the identified object at which it is directed. In asking the National Assembly for Wales, and your Committee, to reconsider its mandatory requirement for elected members to register their membership of Freemasonry, we are not asking for any special treatment for Freemasons. We are simply asking that Freemasons be treated in exactly the same way as any other group in our democratic society and that their rights, be they enshrined in Statute or in natural justice are respected.

In the lively session that followed, members of the Committee put questions to the two representatives, which were answered fully and frankly.

The Chairman thanked the representatives and the Committee for what he felt had been a good humoured session. He added that the Committee would give the matter further consideration and would be likely to reach a formal decision at its next meeting which would probably be in June 2001. 

The actual date has subsequently been confirmed as Wednesday 27th June.

The session was televised fully on the Astra Digital Satellite later in the day.

CLICK HERE to read The Western Mail's report of the proceedings.

CLICK HERE to read the draft minutes of the Committee.