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author Henry S. Thompson <ht@inf.ed.ac.uk>
date Mon, 01 Apr 2024 11:34:34 +0100
parents a47144b6c809
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16 governing document (now version of 2024-03-21, hereafter GD) for 16 governing document (now version of 2024-03-21, hereafter GD) for
17 Quakers in Scotland (<name>QiS</name>) to adequately convey my concerns. In 17 Quakers in Scotland (<name>QiS</name>) to adequately convey my concerns. In
18 writing this I'm attempting to do better, not only with respect to 18 writing this I'm attempting to do better, not only with respect to
19 what I think is wrong, but also by suggesting how it could be fixed.</p> 19 what I think is wrong, but also by suggesting how it could be fixed.</p>
20 <p>It's not short, and there's an even longer appendix of background 20 <p>It's not short, and there's an even longer appendix of background
21 detail, so here's a summary:</p> 21 detail, so this section provides a summary.</p>
22 <p>In their cover letter for the draft GD sent to SESAM Trustees on
23 2024-01-06, the <name>QiS</name> Coordinating Group says</p>
24 <blockquote>"The Options for Scotland group [proposes] that we form a <emph>single
25 charity</emph> and that we form a <emph>single body</emph>. The idea of a single
26 body clearly needs more work to discern what this might look
27 like. It will take time. That idea is not part of what we are
28 asking you about here." (emphasis added)</blockquote>
29 <p>Not including a story about "the body" (which I'll call "the church" for
30 now) is the primary source of the problems the GD presents for SESAM. Until
31 this is fixed I recommend that:</p>
22 <blockquote> 32 <blockquote>
23 <p>SESAM Trustees should advise SESAM that SESAM <emph>should not</emph> agree to 33 <p>SESAM Trustees should advise SESAM that SESAM <emph>should not</emph> agree to
24 joining <name>QiS</name> without substantial changes to the governing document, 34 joining <name>QiS</name> without substantial changes to the governing document,
25 distinguishing between the charity and the church and making their 35 distinguishing between the charity and the church and making their
26 relationship explicit, following the model of the governing document 36 relationship explicit, following the model of the governing document
27 for Britain Yearly Meeting (the charity).</p> 37 for Britain Yearly Meeting (the charity).</p>
28 <p>An updated GD needs to make explicit provision for the possibility 38 <p>An updated GD needs to make explicit provision for the possibility
29 of SESAM-the-church continuing <emph>as</emph> an Area Meeting while laying 39 of SESAM-the-church continuing <emph>as</emph> an Area Meeting while laying
30 down SESAM-the-charity, drawing on the proposed approach to 40 down SESAM-the-charity. There must be clarity on SESAM-the-church's
31 preserving AMs in Wales. There must be clarity on SESAM-the-church's
32 status with respect to <name>QiS-the-church</name> and thus with respect to the 41 status with respect to <name>QiS-the-church</name> and thus with respect to the
33 trustees of <name>QiS-the-charity</name>.</p> 42 trustees of <name>QiS-the-charity</name>.</p>
34 </blockquote> 43 </blockquote>
35 <p>I'll start by identifying the problems I see with the GD, and go on to 44 <p>In what follows I'll start by identifying the problems I see with the GD, and go on to
36 outline the kind of changes I think would improve it, to the point 45 outline the kind of changes I think would improve it, to the point
37 where SESAM would support the creation of the <name>QiS-the-charity</name> and 46 where SESAM would support the creation of the <name>QiS-the-charity</name> and
38 would participate in <name>QiS-the-church</name>.</p> 47 would participate in <name>QiS-the-church</name>.</p>
39 </div> 48 </div>
40 <div>
41 <title>A note on terminology</title>
42 <p>In their cover letter for the draft GD sent to SESAM Trustees on
43 2024-01-06, the <name>QiS</name> Coordinating Group says</p>
44 <blockquote>"The Options for Scotland group [proposes] that we form a <emph>single
45 charity</emph> and that we form a <emph>single body</emph>. The idea of a single
46 body clearly needs more work to discern what this might look
47 like. It will take time. That idea is not part of what we are
48 asking you about here." (emphasis added)</blockquote>
49 <p>Above I used "<name>QiS-the-charity</name>" to refer to such a charity and
50 "<name>QiS-the-church</name>" to refer to such a body. For simplicity, hereafter
51 I'll call the former the <name>SCIO</name>, short for the (proposed) "Scottish Charitable
52 Incorporated Organisation" and the latter the <name>RSFS</name>, short
53 for the "Religious Society of Friends (Quakers) in Scotland".</p>
54 </div>
55 <div> 49 <div>
56 <title>Problems with the GD</title> 50 <title>Problems with the GD</title>
57 <div> 51 <p>The GD uses "Quakers in Scotland" for both the charity and the church, without
58 <title>The church and the charity</title>
59 <p>Making a distinction between the <name>SCIO</name> and the <name>RSFS</name> is explicitly
60 modelled on the distinction found in the governing document of
61 "Britain Yearly Meeting of the Religious Society of Friends (Quakers)
62 (Britain Yearly Meeting)" as registered with the Charity Commission
63 (charity no. 1127633). Britain Yearly Meeting (BYM) is (an English)
64 Charitable Incorporated Organisation. Its governing document defines
65 that lengthy name as the charity and "The Religious Society of Friends
66 (Quakers) in Britain" as the church.</p>
67 <p>The GD uses "Quakers in Scotland" for both of these, without
68 ever explicitly acknowledging that they are distinct. Sometimes 52 ever explicitly acknowledging that they are distinct. Sometimes
69 context makes clear which they are referring to, but not always.</p> 53 context makes clear which they are referring to, but not always.</p>
70 <p>There are two problems here:</p> 54 <p>There are two problems here:</p>
71 <list class="alpha" type="enum"> 55 <list class="alpha" type="enum">
72 <item>The lack of a clear distinction between the two, exemplified 56 <item>The lack of a clear distinction between the two, exemplified
73 further by the calling letter for GM on 6 April 2024, which 57 further by the calling letter for GM on 6 April 2024, which
74 describes the matter before the Meeting once as "a single Quaker 58 describes the matter before the Meeting once as "a single Quaker
75 body" and once as "a single Quaker charity / body";</item> 59 body" and once as "a single Quaker charity / body";</item>
76 <item>The very limited nature of what is said, or more often implied, 60 <item>The very limited nature of what is said, or more often implied,
77 about the <name>RSFS</name>. This is acknowledged in the quote above: "the 61 about the church. This is acknowledged in the quote above: "[the
78 body is not part of what we are asking you about here".</item> 62 body] is not part of what we are asking you about here".</item>
79 </list> 63 </list>
80 <p>These problems arise in large part because, perfectly understandably, 64 <p>These problems arise in large part because, perfectly understandably,
81 <name>QiS</name>-CG evidently started with the template for governing documents for 65 the <name>QiS</name> Coordinating Group evidently started with a template for governing documents for
82 (English/Welsh) CIOs made available by Quaker Life 66 (English/Welsh) CIOs made available by Quaker Life
83 (<link href="https://www.quaker.org.uk/documents/cio-constitution-template-agreed-2014">https://www.quaker.org.uk/documents/cio-constitution-template-agreed-2014</link>), 67 (<link href="https://www.quaker.org.uk/documents/cio-constitution-template-agreed-2014">https://www.quaker.org.uk/documents/cio-constitution-template-agreed-2014</link>),
84 which embodies the same confusion*.</p> 68 which embodies the same confusion*.</p>
85 <p>Indeed SESAM-the-charity's own governing document is also based on a 69 <p>But <emph>why</emph> are these problems for SESAM, and even granted that they are, why do
86 similar, more recent, template for non-incorporated Area Meetings from
87 Quaker Life
88 (<link 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</link>),
89 and so also suffers from these problems.</p>
90 <p>But <emph>why</emph> are these problems, and even granted that they are, why do
91 they need to be fixed <emph>now</emph>?</p> 70 they need to be fixed <emph>now</emph>?</p>
92 <p>They are problems because the existing Area Meetings' responsibilities 71 <p>They are problems because the existing Area Meetings' responsibilities
93 and activities as a worshiping body, governed by Meetings for Worship 72 and activities as a worshiping body, governed by Meetings for Worship
94 for Church Affairs of their membership as set out in QF&amp;P, are largely 73 for Church Affairs of their membership as set out in Quaker Faith and Practice (QF&amp;P), are largely
95 distinct from their responsibilities and activities as a charity, 74 distinct from their responsibilities and activities as a charity,
96 governed by trustees. The former consist of, for example, the spiritual and 75 governed by trustees. The former consist of, for example, the spiritual and
97 pastoral care of their members and their witness to their communities, grounded in our 76 pastoral care of their members and their witness to their communities, grounded in our
98 testimonies, whereas the latter focus on 77 testimonies, whereas the latter focus on
99 maitaining the Area Meeting's legal status and financial well-being. 78 maitaining the Area Meeting's legal status and financial well-being.
100 As for Britain Yearly Meeting, whose succinct self-characterisation 79 As for Britain Yearly Meeting, whose succinct self-characterisation
101 recently has been "A simple church supported by a simple charity", so 80 recently has been "A simple church supported by a simple charity", so
102 it should be for Area Meetings. Quaker Faith and Practice has useful 81 it should be for Area Meetings. QF&amp;P has useful
103 guidance on this relationship throughout section 15. 15.03 is 82 guidance on this relationship throughout section 15. 15.03 is
104 particularly relevant:</p> 83 particularly relevant:</p>
105 <p> "The law may assume that authority for determining action 84 <p> "The law may assume that authority for determining action
106 passes to the trustees and the meeting may choose to do 85 passes to the trustees and the meeting may choose to do
107 this. However, under Gospel Order, the ultimate authority will 86 this. However, under Gospel Order, the ultimate authority will
108 still lie with the gathered meeting."</p> 87 still lie with the gathered meeting."</p>
109 <p>This needs to be fixed <emph>now</emph> because it is laid on Area Meeting 88 <p>The reasons these problems need to be fixed <emph>now</emph> are</p>
89 <list type="enum">
90 <item>In general, because the current lack of clarity on the governance
91 structure of <name>QiS</name> makes it impossible for the members of SESAM to know how and to what
92 extent they will have any say in what happens to their assets and property.</item>
93 <item>In particular, because it is laid on Area Meeting
110 trustees to manage the assets of the Area Meeting in such a way as to 94 trustees to manage the assets of the Area Meeting in such a way as to
111 support the charitable objects of the Area Meeting, and without a 95 support the charitable objects of the Area Meeting, and without a
112 clear understanding of how that will continue to be true once those 96 clear understanding of how that will continue to be true once those
113 assets are transferred to the <name>SCIO</name>, they would fail in that 97 assets are transferred to the <name>SCIO</name>, they would fail in that
114 responsibility, which the law expresses as <span>"[they</span> must] seek, in good 98 responsibility, which the law expresses as <span>"[they</span> must] seek, in good
115 faith, to ensure that the charity acts in a manner which is consistent 99 faith, to ensure that the charity acts in a manner which is consistent
116 with its purposes".</p> 100 with its purposes"</item>
117 <p>More generally, the current lack of clarity on the governance 101 </list>
118 structure of <name>QiS</name> makes it impossible for the members of SESAM to know how and to what 102 <p>A clear separation between the church and the charity is a simple first step towards the necessary clarifications.</p>
119 extent they will have any say in what happens to their assets and property. 103 <note class="footnote"><p>* Indeed SESAM-the-charity's own governing document is also based on a
120 A clear separation between the <name>RSFS</name> and the <name>SCIO</name> is a simple first step towards the necessary clarification.</p> 104 similar, more recent, template for non-incorporated Area Meetings from
121 <note class="footnote">* East of Scotland AM 105 Quaker Life
106 (<link 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</link>),
107 and so also suffers from these problems.</p>
108 <p>East of Scotland AM
122 and North of Scotland AM's governing documents are also based on the 109 and North of Scotland AM's governing documents are also based on the
123 non-incorporated Area Meeting template. Stewardship of North of 110 non-incorporated Area Meeting template. Stewardship of North of
124 Scotland Quaker Trust is identified as a responsibility of NSAM 111 Scotland Quaker Trust is identified as a responsibility of NSAM
125 Trustees in their Terms of Reference. West of Scotland's document is 112 Trustees in their Terms of Reference. West of Scotland's document is
126 shorter, and perhaps based on an early template, compared to the 113 shorter, and perhaps based on an early template, compared to the
127 others.</note> 114 others.</p></note>
128 </div> 115 </div>
116 <div>
117 <title>A note on terminology</title>
118 <p>For clarity, hereafter
119 I'll call <name>QiS</name>-the-charity the <name>SCIO</name>, short for the (proposed) "Scottish Charitable
120 Incorporated Organisation" and I'll call <name>QiS</name>-the-church the <name>RSFS</name>, short
121 for the "Religious Society of Friends (Quakers) in Scotland".</p>
122 </div>
129 <div> 123 <div>
124 <title>Improving the GD</title>
125 <div>
126 <title>Distinguishing the charity and the church</title>
127 <p>The GD should make a clear distinction between the <name>SCIO</name> and
128 the <name>RSFS</name>, modelled on the distinction found in the governing document of
129 "Britain Yearly Meeting of the Religious Society of Friends (Quakers)
130 (Britain Yearly Meeting)" as registered with the Charity Commission
131 (charity no. 1127633). Britain Yearly Meeting (BYM) is (an English)
132 Charitable Incorporated Organisation. Its governing document defines
133 that lengthy name as the charity and "The Religious Society of Friends
134 (Quakers) in Britain" as the church.</p>
135 </div>
136 <div>
130 <title>The future of the Area Meeting(s)</title> 137 <title>The future of the Area Meeting(s)</title>
131 <p>The GD should make it explicit that in the first instance 138 <p>The GD should make it explicit that in the first instance
132 the four Area Meetings, as well as General Meeting for Scotland, will 139 the four Area Meetings, as well as General Meeting for Scotland, will
133 continue to exist and function after the creation of the 140 continue to exist and function after the creation of the
134 <name>SCIO</name> and the RSFS. These five will constitute the <name>Constituent Meetings</name> of the 141 <name>SCIO</name> and the RSFS. These five will constitute the <name>Constituent Meetings</name> of the
142 <p>of will be at their discretion as to both timing and substance.</p> 149 <p>of will be at their discretion as to both timing and substance.</p>
143 <p>We feel strongly that many of our spiritual and pastoral activities 150 <p>We feel strongly that many of our spiritual and pastoral activities
144 are best served in smaller constituencies that the <name>RSFS</name>. We 151 are best served in smaller constituencies that the <name>RSFS</name>. We
145 understand that some Area Meetings need to unburden themselves quickly 152 understand that some Area Meetings need to unburden themselves quickly
146 of some of their responsibilities, but we hope that they will wish to 153 of some of their responsibilities, but we hope that they will wish to
147 retain some of them, particularly membership, pastoral care end 154 retain some of them, particularly membership, pastoral care and
148 eldership.</p> 155 eldership.</p>
149 <p>Accordingly, the GD should make clear that for those things 156 <p>Accordingly, the GD should make clear that for those things
150 <emph>not</emph> transfered to the <name>SCIO</name> and/or the <name>RSFS</name>, Constituent 157 <emph>not</emph> transfered to the <name>SCIO</name> and/or the <name>RSFS</name>, Constituent
151 Meetings will remain as parts of the Religious Society of Friends 158 Meetings will remain as parts of the Religious Society of Friends
152 (Britain), governed by the relevant parts of QF&amp;P.</p> 159 (Britain), governed by the relevant parts of QF&amp;P.</p>
163 business.</p> 170 business.</p>
164 <p>The above is intended to allow for a structure for the governance of the 171 <p>The above is intended to allow for a structure for the governance of the
165 <name>RSFS</name> very like the way in which Yearly Meeting and 172 <name>RSFS</name> very like the way in which Yearly Meeting and
166 Meeting for Sufferings together provide governance for Britain Yearly Meeting 173 Meeting for Sufferings together provide governance for Britain Yearly Meeting
167 (the church).</p> 174 (the church).</p>
168 </div> 175 </div></div>
169 </div> 176
170 <div> 177 <div>
171 <title>Some extensive background, which has informed my thinking.</title> 178 <title>Some extensive background, which has informed my thinking.</title>
172 <p>Thanks to Jackie Noltingk, Erica Thomas and Lesley Richards for 179 <p>Thanks to Jackie Noltingk, Erica Thomas and Lesley Richards for
173 helpful answers to my questions, and to Kathryn Gulliver and Piers Voysey for sending 180 helpful answers to my questions, and to Kathryn Gulliver and Piers Voysey for sending
174 me copies of their AM's governing documents.</p> 181 me copies of their AM's governing documents.</p>