Mercurial > hg > rsof
diff 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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--- /dev/null Thu Jan 01 00:00:00 1970 +0000 +++ b/QiS/What_are_QiS.html Mon Apr 01 17:16:12 2024 +0100 @@ -0,0 +1,353 @@ +<?xml version="1.0" encoding="US-ASCII"?> +<!DOCTYPE html + PUBLIC "-//HST//DTD XHTML5 1.0 Transitional//EN" "http://www.ltg.ed.ac.uk/~ht/xhtml5.dtd"> +<html xmlns="http://www.w3.org/1999/xhtml"><head><meta name="copyright" content="Copyright © 2024 <a href="http://www.ltg.ed.ac.uk/~ht/">Henry S. 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"; + display: inline-block; + font-size: 80%; + width: 3em; + padding-left: auto; + margin-left: auto; + text-align: right; + } + + /* content doesn't combine :-( */ + pre.numbered.cl code::before { + content: counter(listing) ". $ "; + display: inline-block; + font-size: 80%; + width: 3em; + padding-left: auto; + margin-left: auto; + text-align: right; + } + @page { size: A4 portrait; margin: 2cm; + orphans: 2; widows: 2;} + @media screen { + body {width: 20cm; margin-left: auto; margin-right: auto} + } + @media print { + body {font-size: 10pt} + h1, h2, h3, h4 {page-break-after: avoid} + } + pre.code {font-family: monospace; + font-weight: bold; + line-height: 120%; + padding-top: 0.2em; + padding-bottom: 0.2em; + padding-left: 1em; + padding-right: 1em; + border-style: solid; + border-left-width: 1em; + border-top-width: thin; + border-right-width: thin; + border-bottom-width: thin; + border-color: #95ABD0; + color: #00428C; + background-color: #E4E5E7; +} + pre {margin-left: 0em} + div.toc h2 {font-size: 120%; margin-top: 0em; margin-bottom: 0em} + div.toc h4 {font-size: 100%; margin-top: 0em; margin-bottom: 0em; + margin-left: 1em} + div.toc h1 {font-size: 140%; margin-bottom: 0em} + div.toc ul {margin-top: 1ex} + .byline {font-size: 120%} + div.figure {margin-left: 2em} + div.caption {font-style: italic; font-weight: bold; margin-top: 1em} + i i {font-style: normal} + img {border: 0} + .copyright {font-size: 70%} + .note {width: 20%; float: right; clear: right; margin-left: .5em} + </style><style type="text/css">.alpha {list-style-type: lower-alpha} + .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 + governing document (now version of 2024-03-21, hereafter GD) for + Quakers in Scotland (<b>QiS</b>) to adequately convey my concerns. In + writing this I'm attempting to do better, not only with respect to + 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 + detail, so this section provides a summary.</p><p>In their cover letter for the draft GD sent to SESAM Trustees on +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 + charity</i> and that we form a <i xmlns="http://www.w3.org/1999/xhtml">single body</i>. The idea of a single + body clearly needs more work to discern what this might look + like. It will take time. That idea is not part of what we are + asking you about here." (emphasis added)</blockquote><p>Not including a story about "the body" (which I'll call "the church" for +now) is the primary source of the problems the GD presents for SESAM. Until +this is fixed I recommend that:</p><blockquote xmlns="" xmlns:x="http://www.w3.org/1999/xhtml"> + <p xmlns="http://www.w3.org/1999/xhtml">SESAM Trustees should advise SESAM that SESAM <i>should not</i> agree to + joining <b>QiS</b> without substantial changes to the governing document, + distinguishing between the charity and the church and making their + relationship explicit, following the model of the governing document + for Britain Yearly Meeting (the charity).</p> + <p xmlns="http://www.w3.org/1999/xhtml">An updated GD needs to make explicit provision for the possibility + of SESAM (the church) continuing <i>as</i> an Area Meeting while laying + down SESAM (the charity) <i>should it decide to do so</i>. There must be clarity on SESAM (the church)'s + status with respect to <b>QiS</b> (the church)</p> + </blockquote><p>In what follows I'll start by identifying the problems I see with the GD, and go on to + outline the kind of changes I think would improve it, to the point + where SESAM would support the creation of <b>QiS</b>, both church and +charity, take its place as part of <b>QiS</b> (the church) and consider +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 +ever explicitly acknowledging that they are distinct. Sometimes +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 + further by the calling letter for GM on 6 April 2024, which + describes the matter before the Meeting once as "a single Quaker + body" and once as "a single Quaker charity / body";</li><li>The very limited nature of what is said, or more often implied, + about the church. This is acknowledged in the quote above: "[the + body] is not part of what we are asking you about here".</li></ol><p>These problems arise in large part because, perfectly understandably, +the <b>QiS</b> Coordinating Group evidently started with a template for governing documents for +(English/Welsh) CIOs made available by Quaker Life +(<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>), +which embodies the same confusion*.</p><p>But <i>why</i> are these problems for SESAM, and even granted that they are, why do +they need to be fixed <i>now</i>?</p><p>They are problems because the existing Area Meetings' responsibilities +and activities as a worshipping body, governed by Meetings for Worship +for Church Affairs of their membership as set out in Quaker Faith and Practice (QF&P), are largely +distinct from their responsibilities and activities as a charity, +governed by trustees. The former consist of, for example, the spiritual and +pastoral care of their members and their witness to their communities, grounded in our +testimonies, whereas the latter focus on +maintaining the Area Meeting's legal status and financial well-being. +As for Britain Yearly Meeting, whose succinct self-characterisation +recently has been "A simple church supported by a simple charity", so +it should be for Area Meetings. QF&P has useful +guidance on this relationship throughout section 15. 15.03 is +particularly relevant:</p><p> "The law may assume that authority for determining action + passes to the trustees and the meeting may choose to do + this. However, under Gospel Order, the ultimate authority will + 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 +structure of <b>QiS</b> makes it impossible for the members of SESAM to know how and to what +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 +trustees to manage the assets of the Area Meeting in such a way as to +support the charitable objects of the Area Meeting, and without a +clear understanding of how that will continue to be true once those +assets are transferred to the <b>SCIO</b>, they would fail in that +responsibility, which the law expresses as <span>"[they</span> must] seek, in good +faith, to ensure that the charity acts in a manner which is consistent +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 +similar, more recent, template for non-incorporated Area Meetings from +Quaker Life +(<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>), +and so also suffers from these problems.</p> + <p>East of Scotland AM +and North of Scotland AM's governing documents are also based on the +non-incorporated Area Meeting template. Stewardship of North of +Scotland Quaker Trust is identified as a responsibility of NSAM +Trustees in their Terms of Reference. West of Scotland's document is +shorter, and perhaps based on an early template, compared to the +others.</p></i></small></div></div><div><h2>3. A note on terminology</h2><p>For clarity, hereafter +I'll call <b>QiS</b> (the charity) the <b>SCIO</b>, short for the (proposed) "Scottish Charitable +Incorporated Organisation" and I'll call <b>QiS</b> (the church) the <b>RSFS</b>, short +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 +the <b>RSFS</b>, modelled on the distinction found in the governing document of +"Britain Yearly Meeting of the Religious Society of Friends (Quakers) +(Britain Yearly Meeting)" as registered with the Charity Commission +(charity no. 1127633). Britain Yearly Meeting (BYM) is (an English) +Charitable Incorporated Organisation. Its governing document defines +that lengthy name as the charity and "The Religious Society of Friends +(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 +the four Area Meetings, as well as General Meeting for Scotland, will +continue to exist and function after the creation of the +<b>SCIO</b> and the <b>RSFS</b>. These five will constitute the <b>Constituent Meetings</b> of the +<b>RSFS</b>. Initially membership of the <b>RSFS</b> will be defined as +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 + <b>RSFS</b></li></ul><p>will be at their discretion as to both timing and substance. Membership +matters should not be transferred to the <b>RSFS</b> until such time as +QF&P recognises the <b>RSFS</b> as a body that can carry out the relevant +procedures per QF&P chapter 11.</p><p>We feel strongly that many of our spiritual and pastoral activities +are best served in smaller constituencies that the <b>RSFS</b>. We +understand that some Area Meetings need to unburden themselves quickly +of some of their responsibilities, but we hope that they will wish to +retain some of them, particularly membership, pastoral care and +eldership.</p><p>Accordingly, the GD should make clear that for those things +<i>not</i> transfered to the <b>SCIO</b> and/or the <b>RSFS</b>, Constituent +Meetings will remain as parts of the Religious Society of Friends +(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 +Meeting. There should be an annual Meeting for Worship for Church Affairs open +to all members. At least in the short term the Clerks of the Constituent +Meetings should serve as the clerking team for this, with one of their number +actually serving as the Clerk on the day. Other Meetings could be held when +required. At least three representatives of each Constituent Meeting must be +present for any Meeting of the <b>RSFS</b> to be able to conduct +business.</p><p>The above is intended to allow for a structure for the governance of the +<b>RSFS</b> very like the way in which Yearly Meeting and +Meeting for Sufferings together provide governance for Britain Yearly Meeting +(the church).</p><p>The amendment of the GD and the appointment of trustees, of a Treasurer who is <i>ex officio</i> +a trustee and of a Nominations Committee should all be +identified in the GD as matters reserved to the <b>RSFS</b> in session. +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 +helpful answers to my questions, and to Kathryn Gulliver and Piers Voysey for sending +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 +(2023-11-17), in regard to</p><p> "(1) The possibility of merging our existing 6 charities into a + single body, Quakers in Scotland.</p><p> "(2) How we might organise all our concerns and worship more + effectively as a single charity."</p><p>that</p><p> "The first step for (1) is to agree a governing document to replace + 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 + discussions relating to (2)."</p><p>I've searched my inbox without success for any request to "join in +important discussions relating to (2)" until, possibly, the invitation +from <b>QiS</b>-CG (2024-03-11) to two "information and discussion sessions +on progress with work towards having a single body and charity for +Quakers in Scotland".</p><p>However the cover letter from <b>QiS</b> (2024-01-06) sent to SESAM Trustees +says</p><p> "The Options for Scotland group [proposes] that we form a single + charity and that we form a single body. The idea of a single body + clearly needs more work to discern what this might look like. It + will take time. That idea is not part of what we are asking you + about here."</p><p>In fact the document laid before us in the special Area Meeting on +15 January (Draft of 2023 12 29c.docx) had a lot to say about the +body. Or did it? As I read it at the time it didn't clearly +distinguish between the charity and the body, using the phrase +"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, +with only modest changes from the earlier draft. I'll take it as +definitive with respect to what we will have before us on 6 April. +It hasn't changed much, if anything, of what I've found that makes me +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 + Yearly Meeting of the Religious Society of Friends (Quakers), + Charity number: 1127633</p><p>The governing document for this +(<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>) +begins with the following definitions:</p><ol class=" alpha"><li>The Religious Society of Friends (Quakers) in Britain refers to + the church in England, Scotland, Wales, the Channel Islands and + the Isle of Man, including all its local meetings for worship and + its constituent meetings for church affairs as well as all their + work [referred to below as <b>the Society</b>].</li><li>Britain Yearly Meeting of the Religious Society of Friends + (Quakers) [<b>Britain Yearly Meeting</b>] refers to the centrally held + and managed policy, property, employment and work of the charity + constituted by this document.</li><li>Yearly Meeting in session [<b>Yearly Meeting</b>] refers to the annual + assembly that is open to all members of the Society.</li><li>Area Meetings are the main local meetings for church affairs and + these are the level of the Society at which individual membership + is held. Each Area Meeting is a separate charitable entity and + may be registered as such with the Charity Commission.</li><li><i>Quaker faith & practice</i> is the current edition of the Book of + Christian discipline of the Religious Society of Friends + (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" +and "the charity". The charity is governed by the above referenced +governing document, the church by the Red Book.</p><p>Subsequent articles make clear that the Society, embodied in Yearly +Meeting in session and Meeting for Sufferings, is responsible for +amending the governing document, appointing Britain Yearly Meeting +trustees, among them the BYM Treasurer, approving their terms of reference and appointing their +clerks.</p></div><div><h4>5.2.2. East of Scotland</h4><p>The governing document for the "Religious Society of Friends + (Quakers) [in Britain] East Scotland Area Meeting (abbreviated as + East Scotland Area Meeting)" is based on a template provided by + Quaker Life + (<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. + The template does not make any overt distinction between the church + and the charity. However the phrases "(East + Scotland) Area Meeting in session" clearly refer to the church, and + in "3. Object The object of East Scotland Area Meeting" it is + evidently the charity.</p><p>This sentence, taken unchanged from the template, is of note: "If + at a meeting of East Scotland Area Meeting the members decide that + it is necessary or advisable to dissolve the Area Meeting or to + amalgamate with another Area Meeting <i>and this is agreed by Meeting + for Sufferings</i>, the trustees shall have the power to realise any + assets held by or on behalf of the Area Meeting. Any assets + remaining after the satisfaction of any proper debts and + liabilities shall, <i>with the agreement of Meeting for Sufferings</i>, be + given or transferred to another Area Meeting, to Britain Yearly + Meeting, or to some other charitable institution or institutions + having objects similar to that of the area meeting and failing that + for such other charitable purpose as Britain Yearly Meeting shall + direct." [Emphasis added]</p></div><div><h4>5.2.3. South East Scotland</h4><p>The governing document for the "Religious Society of Friends + (Quakers) in Britain: South East Scotland Area Meeting [referred to + below as South East Scotland Area Meeting or the area meeting and + formerly known as South East Scotland Monthly Meeting]" likewise is + based on the Quaker Life template, sharing its lack of clarity on church +versus charity, to my embarrassment. "Subject to the matters set out + below the resources of the area meeting shall be administered in + accordance with this governing document by the trustees..." is + clearly talking about the charity, whereas "Amendments to this + governing document shall be agreed by South East Scotland Area + Meeting in session and recorded by minute of the area meeting." + it's the church. The dissolution clause is again taken from the + template, with the addition of GM for Scotland to the allowed + dispositions.</p></div><div><h4>5.2.4. Dundee Friends Property Trust</h4><p>This was governed by a 130-odd-year-old deed + of trust, superseded in 2009 by a governing document, which I + can't find online. From the 2020 Annual Report:</p><p>"New trustees are appointed by the remaining trustees, who are + bound to select individuals in sympathy with the conditions of + the original Trust Deed and who shall, if possible, be + representative of Dundee Local Meeting. The majority of Trustees + 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. + Stewardship of North of Scotland Quaker Trust is identified as a + 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"> + <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> + <p xmlns="http://www.w3.org/1999/xhtml">"General Meeting itself meets quarterly for business</p> + <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> + <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> + </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 +chaplains and "General Meeting for Scotland is responsible for +providing [their names] to the governors of all prison establishments +in the area meeting area".</p><p>A similar story, without the involvement of GM, obtains for +registering officers. "Each area meeting shall appoint a suitable +Friend as registering officer ... the area meeting ... shall report +[the appointment] to the Recording Clerk without delay, by minute +signed by the clerk ... The Recording Clerk is required to certify all +such appointments ... in Scotland, to the Registrar General for +Scotland"; "The registering officer, acting on behalf of the area +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 + - Cymdeithas Grefyddol y Cyfeillion (Crynwyr) yng Nghymru a’r + Gororau" [know as Cynar] is a Charitable Incorporated Organisation + (CIO, comparable to an <b>SCIO</b>). Its constitution (linked from + <a href="https://www.symudymlaen2.org/">https://www.symudymlaen2.org/</a>) says that the members of the CIO are + "all members of the Constituent Area Meetings". The constitution + describes "General meetings of the members of the CIO", and + mandates at least an Annual General Meeting. The Clerks of the + Constituent Bodies (the AMs and CCQW) constitute the "clerking + team" who set the agenda for GMs and provide a Clerk for each of + them from among their number. At least two members from each + Constituent Body must be present for a GM to be quorate. The + Convenors of the NomComms of the Constituent bodies constitute a + NomComm for the CIO, and prepare nominations for the trustees and + the Treasurer. There must be at least one trustee from each + Constituent Body.</p><p> I'm told that "AM trustees will cease to exist, Cymar trustees will + fulfil the role of AM trustees, but for all 4 AMs and CCQW, so once + the assets have been handed over, bank accounts closed down and + final report and accounts prepared, then they can be released by + 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 + (<a href="https://qfp.quaker.org.uk/passage/4-02/">https://qfp.quaker.org.uk/passage/4-02/</a>) which says "Each area + meeting is a separate charitable entity and it may be required to + be registered as such with the relevant charity regulator. Area + meetings which are registered or preparing for registration will + operate under a formal governing document, which amongst other + matters should set out the arrangements for trusteeship." + </p></div></div></div></body></html> \ No newline at end of file