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comparison QiS/What_are_QiS.html @ 359:d55fe21333e7
as circulated to Trustees et al.
| author | Henry S. Thompson <ht@inf.ed.ac.uk> |
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| date | Mon, 01 Apr 2024 17:16:12 +0100 |
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| 110 .footnote {width: 100%; font-size: 80%; float: none; clear: none}</style><title>SESAM and the Quakers in Scotland draft proposal</title></head><body style="font-family: DejaVu Sans, Arial; background: rgb(254,250,246)"><div style="text-align: center" class="head"><h1>SESAM and the Quakers in Scotland draft proposal</h1><hr/><div class="byline">Henry S. Thompson</div><div class="byline">1 April 2024</div><div class="copyright">Copyright © 2024 <a href="http://www.ltg.ed.ac.uk/~ht/">Henry S. Thompson</a> <a href="http://creativecommons.org/licenses/by-sa/3.0/deed.en">CC-BY-SA</a></div></div><div class="body"><div><h2>1. Introduction</h2><p>I have struggled at the last two threshing meetings about the proposed | |
| 111 governing document (now version of 2024-03-21, hereafter GD) for | |
| 112 Quakers in Scotland (<b>QiS</b>) to adequately convey my concerns. In | |
| 113 writing this I'm attempting to do better, not only with respect to | |
| 114 what I think is wrong, but also by suggesting how it could be fixed.</p><p>It's not short, and there's an even longer appendix of background | |
| 115 detail, so this section provides a summary.</p><p>In their cover letter for the draft GD sent to SESAM Trustees on | |
| 116 2024-01-06, the <b>QiS</b> Coordinating Group says</p><blockquote xmlns="" xmlns:x="http://www.w3.org/1999/xhtml">"The Options for Scotland group [proposes] that we form a <i xmlns="http://www.w3.org/1999/xhtml">single | |
| 117 charity</i> and that we form a <i xmlns="http://www.w3.org/1999/xhtml">single body</i>. The idea of a single | |
| 118 body clearly needs more work to discern what this might look | |
| 119 like. It will take time. That idea is not part of what we are | |
| 120 asking you about here." (emphasis added)</blockquote><p>Not including a story about "the body" (which I'll call "the church" for | |
| 121 now) is the primary source of the problems the GD presents for SESAM. Until | |
| 122 this is fixed I recommend that:</p><blockquote xmlns="" xmlns:x="http://www.w3.org/1999/xhtml"> | |
| 123 <p xmlns="http://www.w3.org/1999/xhtml">SESAM Trustees should advise SESAM that SESAM <i>should not</i> agree to | |
| 124 joining <b>QiS</b> without substantial changes to the governing document, | |
| 125 distinguishing between the charity and the church and making their | |
| 126 relationship explicit, following the model of the governing document | |
| 127 for Britain Yearly Meeting (the charity).</p> | |
| 128 <p xmlns="http://www.w3.org/1999/xhtml">An updated GD needs to make explicit provision for the possibility | |
| 129 of SESAM (the church) continuing <i>as</i> an Area Meeting while laying | |
| 130 down SESAM (the charity) <i>should it decide to do so</i>. There must be clarity on SESAM (the church)'s | |
| 131 status with respect to <b>QiS</b> (the church)</p> | |
| 132 </blockquote><p>In what follows I'll start by identifying the problems I see with the GD, and go on to | |
| 133 outline the kind of changes I think would improve it, to the point | |
| 134 where SESAM would support the creation of <b>QiS</b>, both church and | |
| 135 charity, take its place as part of <b>QiS</b> (the church) and consider | |
| 136 laying down SESAM (the charity) in favour of <b>QiS</b> (the charity).</p></div><div><h2>2. Problems with the GD</h2><p>The GD uses "Quakers in Scotland" for both the charity and the church, without | |
| 137 ever explicitly acknowledging that they are distinct. Sometimes | |
| 138 context makes clear which they are referring to, but not always.</p><p>There are two problems here:</p><ol class=" alpha"><li>The lack of a clear distinction between the two, exemplified | |
| 139 further by the calling letter for GM on 6 April 2024, which | |
| 140 describes the matter before the Meeting once as "a single Quaker | |
| 141 body" and once as "a single Quaker charity / body";</li><li>The very limited nature of what is said, or more often implied, | |
| 142 about the church. This is acknowledged in the quote above: "[the | |
| 143 body] is not part of what we are asking you about here".</li></ol><p>These problems arise in large part because, perfectly understandably, | |
| 144 the <b>QiS</b> Coordinating Group evidently started with a template for governing documents for | |
| 145 (English/Welsh) CIOs made available by Quaker Life | |
| 146 (<a href="https://www.quaker.org.uk/documents/cio-constitution-template-agreed-2014">https://www.quaker.org.uk/documents/cio-constitution-template-agreed-2014</a>), | |
| 147 which embodies the same confusion*.</p><p>But <i>why</i> are these problems for SESAM, and even granted that they are, why do | |
| 148 they need to be fixed <i>now</i>?</p><p>They are problems because the existing Area Meetings' responsibilities | |
| 149 and activities as a worshipping body, governed by Meetings for Worship | |
| 150 for Church Affairs of their membership as set out in Quaker Faith and Practice (QF&P), are largely | |
| 151 distinct from their responsibilities and activities as a charity, | |
| 152 governed by trustees. The former consist of, for example, the spiritual and | |
| 153 pastoral care of their members and their witness to their communities, grounded in our | |
| 154 testimonies, whereas the latter focus on | |
| 155 maintaining the Area Meeting's legal status and financial well-being. | |
| 156 As for Britain Yearly Meeting, whose succinct self-characterisation | |
| 157 recently has been "A simple church supported by a simple charity", so | |
| 158 it should be for Area Meetings. QF&P has useful | |
| 159 guidance on this relationship throughout section 15. 15.03 is | |
| 160 particularly relevant:</p><p> "The law may assume that authority for determining action | |
| 161 passes to the trustees and the meeting may choose to do | |
| 162 this. However, under Gospel Order, the ultimate authority will | |
| 163 still lie with the gathered meeting."</p><p>The reasons these problems need to be fixed <i>now</i> are</p><ol class=" "><li>In general, because the current lack of clarity on the governance | |
| 164 structure of <b>QiS</b> makes it impossible for the members of SESAM to know how and to what | |
| 165 extent they will have any say in what happens to their assets and property.</li><li>In particular, because it is laid on Area Meeting | |
| 166 trustees to manage the assets of the Area Meeting in such a way as to | |
| 167 support the charitable objects of the Area Meeting, and without a | |
| 168 clear understanding of how that will continue to be true once those | |
| 169 assets are transferred to the <b>SCIO</b>, they would fail in that | |
| 170 responsibility, which the law expresses as <span>"[they</span> must] seek, in good | |
| 171 faith, to ensure that the charity acts in a manner which is consistent | |
| 172 with its purposes"</li></ol><p>A clear separation between the church and the charity is a simple first step towards the necessary clarifications.</p><div class="note footnote"><small><i><p>* Indeed SESAM (the charity)'s own governing document is also based on a | |
| 173 similar, more recent, template for non-incorporated Area Meetings from | |
| 174 Quaker Life | |
| 175 (<a href="https://www.quaker.org.uk/documents/governing-document-for-am-cc-approved-11-2022-final">https://www.quaker.org.uk/documents/governing-document-for-am-cc-approved-11-2022-final</a>), | |
| 176 and so also suffers from these problems.</p> | |
| 177 <p>East of Scotland AM | |
| 178 and North of Scotland AM's governing documents are also based on the | |
| 179 non-incorporated Area Meeting template. Stewardship of North of | |
| 180 Scotland Quaker Trust is identified as a responsibility of NSAM | |
| 181 Trustees in their Terms of Reference. West of Scotland's document is | |
| 182 shorter, and perhaps based on an early template, compared to the | |
| 183 others.</p></i></small></div></div><div><h2>3. A note on terminology</h2><p>For clarity, hereafter | |
| 184 I'll call <b>QiS</b> (the charity) the <b>SCIO</b>, short for the (proposed) "Scottish Charitable | |
| 185 Incorporated Organisation" and I'll call <b>QiS</b> (the church) the <b>RSFS</b>, short | |
| 186 for the "Religious Society of Friends (Quakers) in Scotland".</p></div><div><h2>4. Improving the GD</h2><div><h4>4.1. Distinguishing the charity and the church</h4><p>The GD should make a clear distinction between the <b>SCIO</b> and | |
| 187 the <b>RSFS</b>, modelled on the distinction found in the governing document of | |
| 188 "Britain Yearly Meeting of the Religious Society of Friends (Quakers) | |
| 189 (Britain Yearly Meeting)" as registered with the Charity Commission | |
| 190 (charity no. 1127633). Britain Yearly Meeting (BYM) is (an English) | |
| 191 Charitable Incorporated Organisation. Its governing document defines | |
| 192 that lengthy name as the charity and "The Religious Society of Friends | |
| 193 (Quakers) in Britain" as the church.</p></div><div><h4>4.2. The future of the Area Meeting(s)</h4><p>The GD should make it explicit that in the first instance | |
| 194 the four Area Meetings, as well as General Meeting for Scotland, will | |
| 195 continue to exist and function after the creation of the | |
| 196 <b>SCIO</b> and the <b>RSFS</b>. These five will constitute the <b>Constituent Meetings</b> of the | |
| 197 <b>RSFS</b>. Initially membership of the <b>RSFS</b> will be defined as | |
| 198 membership of any of the Constituent Area Meetings.</p><p>The GD should specify that transfer from the Constituent Meetings of</p><ul class=" "><li>their assets, properties and trusteeship to the <b>SCIO</b></li><li>their spiritual and pastoral activities and responsibilities to the | |
| 199 <b>RSFS</b></li></ul><p>will be at their discretion as to both timing and substance. Membership | |
| 200 matters should not be transferred to the <b>RSFS</b> until such time as | |
| 201 QF&P recognises the <b>RSFS</b> as a body that can carry out the relevant | |
| 202 procedures per QF&P chapter 11.</p><p>We feel strongly that many of our spiritual and pastoral activities | |
| 203 are best served in smaller constituencies that the <b>RSFS</b>. We | |
| 204 understand that some Area Meetings need to unburden themselves quickly | |
| 205 of some of their responsibilities, but we hope that they will wish to | |
| 206 retain some of them, particularly membership, pastoral care and | |
| 207 eldership.</p><p>Accordingly, the GD should make clear that for those things | |
| 208 <i>not</i> transfered to the <b>SCIO</b> and/or the <b>RSFS</b>, Constituent | |
| 209 Meetings will remain as parts of the Religious Society of Friends | |
| 210 (Britain), governed by the relevant parts of QF&P.</p></div><div><h4>4.3. Governance of the <b>RSFS</b></h4><p>The GD should specify how the <b>RSFS</b> operates as a Quaker | |
| 211 Meeting. There should be an annual Meeting for Worship for Church Affairs open | |
| 212 to all members. At least in the short term the Clerks of the Constituent | |
| 213 Meetings should serve as the clerking team for this, with one of their number | |
| 214 actually serving as the Clerk on the day. Other Meetings could be held when | |
| 215 required. At least three representatives of each Constituent Meeting must be | |
| 216 present for any Meeting of the <b>RSFS</b> to be able to conduct | |
| 217 business.</p><p>The above is intended to allow for a structure for the governance of the | |
| 218 <b>RSFS</b> very like the way in which Yearly Meeting and | |
| 219 Meeting for Sufferings together provide governance for Britain Yearly Meeting | |
| 220 (the church).</p><p>The amendment of the GD and the appointment of trustees, of a Treasurer who is <i>ex officio</i> | |
| 221 a trustee and of a Nominations Committee should all be | |
| 222 identified in the GD as matters reserved to the <b>RSFS</b> in session. | |
| 223 There should be at least one trustee from each Constituent Area Meeting.</p></div></div><div><h2>5. Some extensive background, which has informed my thinking.</h2><p>Thanks to Jackie Noltingk, Erica Thomas and Lesley Richards for | |
| 224 helpful answers to my questions, and to Kathryn Gulliver and Piers Voysey for sending | |
| 225 me copies of their AM's governing documents.</p><div><h4>5.1. Mostly about QiS</h4><p>The General Meeting for Scotland (GM) mailing list were told | |
| 226 (2023-11-17), in regard to</p><p> "(1) The possibility of merging our existing 6 charities into a | |
| 227 single body, Quakers in Scotland.</p><p> "(2) How we might organise all our concerns and worship more | |
| 228 effectively as a single charity."</p><p>that</p><p> "The first step for (1) is to agree a governing document to replace | |
| 229 the six comparable documents that apply to our existing charities."</p><p>and</p><p> "Friends will hear more requests soon to join in important | |
| 230 discussions relating to (2)."</p><p>I've searched my inbox without success for any request to "join in | |
| 231 important discussions relating to (2)" until, possibly, the invitation | |
| 232 from <b>QiS</b>-CG (2024-03-11) to two "information and discussion sessions | |
| 233 on progress with work towards having a single body and charity for | |
| 234 Quakers in Scotland".</p><p>However the cover letter from <b>QiS</b> (2024-01-06) sent to SESAM Trustees | |
| 235 says</p><p> "The Options for Scotland group [proposes] that we form a single | |
| 236 charity and that we form a single body. The idea of a single body | |
| 237 clearly needs more work to discern what this might look like. It | |
| 238 will take time. That idea is not part of what we are asking you | |
| 239 about here."</p><p>In fact the document laid before us in the special Area Meeting on | |
| 240 15 January (Draft of 2023 12 29c.docx) had a lot to say about the | |
| 241 body. Or did it? As I read it at the time it didn't clearly | |
| 242 distinguish between the charity and the body, using the phrase | |
| 243 "Quakers in Scotland" in what I found to be confusing ways.</p><p>A new draft (Draft of 2024 03 21.docx) has just been made available, | |
| 244 with only modest changes from the earlier draft. I'll take it as | |
| 245 definitive with respect to what we will have before us on 6 April. | |
| 246 It hasn't changed much, if anything, of what I've found that makes me | |
| 247 uneasy about agreeing to adopt it.</p></div><div><h4>5.2. Existing models of church and charity structures</h4><div><h4>5.2.1. Britain Yearly Meeting</h4><p>The charity is Religious Society of Friends (Quakers) in Britain, and Britain | |
| 248 Yearly Meeting of the Religious Society of Friends (Quakers), | |
| 249 Charity number: 1127633</p><p>The governing document for this | |
| 250 (<a href="https://www.quaker.org.uk/documents/bym-governing-document-revised-min34-bym2014">https://www.quaker.org.uk/documents/bym-governing-document-revised-min34-bym2014</a>) | |
| 251 begins with the following definitions:</p><ol class=" alpha"><li>The Religious Society of Friends (Quakers) in Britain refers to | |
| 252 the church in England, Scotland, Wales, the Channel Islands and | |
| 253 the Isle of Man, including all its local meetings for worship and | |
| 254 its constituent meetings for church affairs as well as all their | |
| 255 work [referred to below as <b>the Society</b>].</li><li>Britain Yearly Meeting of the Religious Society of Friends | |
| 256 (Quakers) [<b>Britain Yearly Meeting</b>] refers to the centrally held | |
| 257 and managed policy, property, employment and work of the charity | |
| 258 constituted by this document.</li><li>Yearly Meeting in session [<b>Yearly Meeting</b>] refers to the annual | |
| 259 assembly that is open to all members of the Society.</li><li>Area Meetings are the main local meetings for church affairs and | |
| 260 these are the level of the Society at which individual membership | |
| 261 is held. Each Area Meeting is a separate charitable entity and | |
| 262 may be registered as such with the Charity Commission.</li><li><i>Quaker faith & practice</i> is the current edition of the Book of | |
| 263 Christian discipline of the Religious Society of Friends | |
| 264 (Quakers) in Britain</li><li>Meeting for Sufferings is the standing representative body of the Society.</li><li>The term Friend refers to a member of the Society.</li></ol><p>Note that there are two clearly distinguished entities, "the church" | |
| 265 and "the charity". The charity is governed by the above referenced | |
| 266 governing document, the church by the Red Book.</p><p>Subsequent articles make clear that the Society, embodied in Yearly | |
| 267 Meeting in session and Meeting for Sufferings, is responsible for | |
| 268 amending the governing document, appointing Britain Yearly Meeting | |
| 269 trustees, among them the BYM Treasurer, approving their terms of reference and appointing their | |
| 270 clerks.</p></div><div><h4>5.2.2. East of Scotland</h4><p>The governing document for the "Religious Society of Friends | |
| 271 (Quakers) [in Britain] East Scotland Area Meeting (abbreviated as | |
| 272 East Scotland Area Meeting)" is based on a template provided by | |
| 273 Quaker Life | |
| 274 (<a href="https://www.quaker.org.uk/documents/governing-document-for-am-cc-approved-11-2022-final">https://www.quaker.org.uk/documents/governing-document-for-am-cc-approved-11-2022-final</a>), which is distinct for the one for CIOs. | |
| 275 The template does not make any overt distinction between the church | |
| 276 and the charity. However the phrases "(East | |
| 277 Scotland) Area Meeting in session" clearly refer to the church, and | |
| 278 in "3. Object The object of East Scotland Area Meeting" it is | |
| 279 evidently the charity.</p><p>This sentence, taken unchanged from the template, is of note: "If | |
| 280 at a meeting of East Scotland Area Meeting the members decide that | |
| 281 it is necessary or advisable to dissolve the Area Meeting or to | |
| 282 amalgamate with another Area Meeting <i>and this is agreed by Meeting | |
| 283 for Sufferings</i>, the trustees shall have the power to realise any | |
| 284 assets held by or on behalf of the Area Meeting. Any assets | |
| 285 remaining after the satisfaction of any proper debts and | |
| 286 liabilities shall, <i>with the agreement of Meeting for Sufferings</i>, be | |
| 287 given or transferred to another Area Meeting, to Britain Yearly | |
| 288 Meeting, or to some other charitable institution or institutions | |
| 289 having objects similar to that of the area meeting and failing that | |
| 290 for such other charitable purpose as Britain Yearly Meeting shall | |
| 291 direct." [Emphasis added]</p></div><div><h4>5.2.3. South East Scotland</h4><p>The governing document for the "Religious Society of Friends | |
| 292 (Quakers) in Britain: South East Scotland Area Meeting [referred to | |
| 293 below as South East Scotland Area Meeting or the area meeting and | |
| 294 formerly known as South East Scotland Monthly Meeting]" likewise is | |
| 295 based on the Quaker Life template, sharing its lack of clarity on church | |
| 296 versus charity, to my embarrassment. "Subject to the matters set out | |
| 297 below the resources of the area meeting shall be administered in | |
| 298 accordance with this governing document by the trustees..." is | |
| 299 clearly talking about the charity, whereas "Amendments to this | |
| 300 governing document shall be agreed by South East Scotland Area | |
| 301 Meeting in session and recorded by minute of the area meeting." | |
| 302 it's the church. The dissolution clause is again taken from the | |
| 303 template, with the addition of GM for Scotland to the allowed | |
| 304 dispositions.</p></div><div><h4>5.2.4. Dundee Friends Property Trust</h4><p>This was governed by a 130-odd-year-old deed | |
| 305 of trust, superseded in 2009 by a governing document, which I | |
| 306 can't find online. From the 2020 Annual Report:</p><p>"New trustees are appointed by the remaining trustees, who are | |
| 307 bound to select individuals in sympathy with the conditions of | |
| 308 the original Trust Deed and who shall, if possible, be | |
| 309 representative of Dundee Local Meeting. The majority of Trustees | |
| 310 shall be drawn from Dundee Local Meeting."</p></div><div><h4>5.2.5. North of Scotland</h4><p>Their governing document is also based on the Quaker Life template. | |
| 311 Stewardship of North of Scotland Quaker Trust is identified as a | |
| 312 responsibility of NSAM Trustees in their Terms of Reference.</p></div><div><h4>5.2.6. General Meeting for Scotland</h4><blockquote xmlns="" xmlns:x="http://www.w3.org/1999/xhtml"> | |
| 313 <p xmlns="http://www.w3.org/1999/xhtml">"There are five Trustees of General Meeting for Scotland who have responsibility to the Office of the Scottish Charity Registrar (OSCR) for the right ordering of General Meeting.</p> | |
| 314 <p xmlns="http://www.w3.org/1999/xhtml">"General Meeting itself meets quarterly for business</p> | |
| 315 <p xmlns="http://www.w3.org/1999/xhtml">"General Meeting acts on behalf of Britain Yearly Meeting in such procedures as may be required by the Scottish Parliament and Scottish legal affairs."</p> | |
| 316 <p xmlns="http://www.w3.org/1999/xhtml">[From <a href="https://www.quakerscotland.org/general-meeting">https://www.quakerscotland.org/general-meeting</a>]</p> | |
| 317 </blockquote><p>GM's governing document is here: <a href="https://www.quakerscotland.org/sites/quakerscotland.org/files/documents/Governing%20Document%20amended%202021.pdf">https://www.quakerscotland.org/sites/quakerscotland.org/files/documents/Governing%20Document%20amended%202021.pdf</a>. It appears to be based on the Quaker Life template for Area Meetings.</p><p>Section <b>12. Constituent Meetings</b> says "i) General Meeting for Scotland consists of all the local Meetings in Scotland."</p><p>QF&P (13.54) gives area meetings responsibility for appointing prison | |
| 318 chaplains and "General Meeting for Scotland is responsible for | |
| 319 providing [their names] to the governors of all prison establishments | |
| 320 in the area meeting area".</p><p>A similar story, without the involvement of GM, obtains for | |
| 321 registering officers. "Each area meeting shall appoint a suitable | |
| 322 Friend as registering officer ... the area meeting ... shall report | |
| 323 [the appointment] to the Recording Clerk without delay, by minute | |
| 324 signed by the clerk ... The Recording Clerk is required to certify all | |
| 325 such appointments ... in Scotland, to the Registrar General for | |
| 326 Scotland"; "The registering officer, acting on behalf of the area | |
| 327 meeting, ..." (QF&P 16.22,23)</p></div></div><div><h4>5.3. The new structure for Wales and the Southern Marches</h4><p>The "Religious Society of Friends (Quakers) in Wales and the Marches | |
| 328 - Cymdeithas Grefyddol y Cyfeillion (Crynwyr) yng Nghymru a’r | |
| 329 Gororau" [know as Cynar] is a Charitable Incorporated Organisation | |
| 330 (CIO, comparable to an <b>SCIO</b>). Its constitution (linked from | |
| 331 <a href="https://www.symudymlaen2.org/">https://www.symudymlaen2.org/</a>) says that the members of the CIO are | |
| 332 "all members of the Constituent Area Meetings". The constitution | |
| 333 describes "General meetings of the members of the CIO", and | |
| 334 mandates at least an Annual General Meeting. The Clerks of the | |
| 335 Constituent Bodies (the AMs and CCQW) constitute the "clerking | |
| 336 team" who set the agenda for GMs and provide a Clerk for each of | |
| 337 them from among their number. At least two members from each | |
| 338 Constituent Body must be present for a GM to be quorate. The | |
| 339 Convenors of the NomComms of the Constituent bodies constitute a | |
| 340 NomComm for the CIO, and prepare nominations for the trustees and | |
| 341 the Treasurer. There must be at least one trustee from each | |
| 342 Constituent Body.</p><p> I'm told that "AM trustees will cease to exist, Cymar trustees will | |
| 343 fulfil the role of AM trustees, but for all 4 AMs and CCQW, so once | |
| 344 the assets have been handed over, bank accounts closed down and | |
| 345 final report and accounts prepared, then they can be released by | |
| 346 their respective AMs and leave the rest to [Cymar] to deal with."</p><p> It's not clear to me how this accords with QF&P 4.02 | |
| 347 (<a href="https://qfp.quaker.org.uk/passage/4-02/">https://qfp.quaker.org.uk/passage/4-02/</a>) which says "Each area | |
| 348 meeting is a separate charitable entity and it may be required to | |
| 349 be registered as such with the relevant charity regulator. Area | |
| 350 meetings which are registered or preparing for registration will | |
| 351 operate under a formal governing document, which amongst other | |
| 352 matters should set out the arrangements for trusteeship." | |
| 353 </p></div></div></div></body></html> |
