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| author | Henry S. Thompson <ht@inf.ed.ac.uk> |
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| date | Mon, 01 Apr 2024 10:33:36 +0100 |
| parents | e40a88f7113e |
| children | fb26c48a880a |
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<?xml version='1.0'?> <?xml-stylesheet type="text/xsl" href="../../../lib/xml/doc.xsl" ?> <!DOCTYPE doc SYSTEM "../../../lib/xml/doc.dtd" > <doc> <head> <title>SESAM and the Quakers in Scotland proposal</title> <author>Henry S. Thompson</author> <date>1 April 2024</date> <style>.alpha {list-style-type: lower-alpha} .footnote {width: 100%; font-size: 80%; float: none; clear: none}</style> </head> <body> <div> <title>Introduction</title> <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 (<name>QiS</name>) 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 here's a summary:</p> <blockquote> <p>SESAM Trustees should advise SESAM that SESAM <emph>should not</emph> agree to joining <name>QiS</name> 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>An updated GD needs to make explicit provision for the possibility of SESAM-the-church continuing <emph>as</emph> an Area Meeting while laying down SESAM-the-charity, drawing on the proposed approach to preserving AMs in Wales. There must be clarity on SESAM-the-church's status with respect to <name>QiS-the-church</name> and thus with respect to the trustees of <name>QiS-the-charity</name>.</p> </blockquote> <p>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 the <name>QiS-the-charity</name> and would participate in <name>QiS-the-church</name>.</p> </div> <div> <title>A note on terminology</title> <p>In their cover letter for the draft GD sent to SESAM Trustees on 2024-01-06, the <name>QiS</name> Coordinating Group says</p> <blockquote>"The Options for Scotland group [proposes] that we form a <emph>single charity</emph> and that we form a <emph>single body</emph>. 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>Above I used "<name>QiS-the-charity</name>" to refer to such a charity and "<name>QiS-the-church</name>" to refer to such a body. For simplicity, hereafter I'll call the former the <name>SCIO</name>, short for the (proposed) "Scottish Charitable Incorporated Organisation" and the latter the <name>RSFS</name>, short for the "Religious Society of Friends (Quakers) in Scotland".</p> </div> <div> <title>Problems with the GD</title> <div> <title>The church and the charity</title> <p>Making a distinction between the <name>SCIO</name> and the <name>RSFS</name> is explicitly 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> <p>The GD uses "Quakers in Scotland" for both of these, 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> <list class="alpha" type="enum"> <item>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";</item> <item>The very limited nature of what is said, or more often implied, about the <name>RSFS</name>. This is acknowledged in the quote above: "the body is not part of what we are asking you about here".</item> </list> <p>These problems arise in large part because, perfectly understandably, <name>QiS</name>-CG evidently started with the template for governing documents for (English/Welsh) CIOs made available by Quaker Life (<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>), which embodies the same confusion*.</p> <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 (<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>), and so also suffers from these problems.</p> <p>But <emph>why</emph> are these problems, and even granted that they are, why do they need to be fixed <emph>now</emph>?</p> <p>They are problems because the existing Area Meetings' responsibilities and activities as a worshiping body, governed by Meetings for Worship for Church Affairs of their membership as set out in 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 maitaining 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. Quaker Faith and Practice 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>This needs to be fixed <emph>now</emph> 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 <name>SCIO</name>, 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".</p> <p>More generally, the current lack of clarity on the governance structure of <name>QiS</name> 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. A clear separation between the <name>RSFS</name> and the <name>SCIO</name> is a simple first step towards the necessary clarification.</p> <note class="footnote">* 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.</note> </div> <div> <title>The future of the Area Meeting(s)</title> <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 <name>SCIO</name> and the RSFS. These five will constitute the <name>Constituent Meetings</name> of the RSFS.</p> <p>The GD should specify that transfer from the Constituent Meetings</p> <list> <item>their assets, properties and trusteeship to the <name>SCIO</name></item> <item>their spiritual and pastoral activities and responsibilities to the <name>RSFS</name></item> </list> <p>of will be at their discretion as to both timing and substance.</p> <p>We feel strongly that many of our spiritual and pastoral activities are best served in smaller constituencies that the <name>RSFS</name>. 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 end eldership.</p> <p>Accordingly, the GD should make clear that for those things <emph>not</emph> transfered to the <name>SCIO</name> and/or the <name>RSFS</name>, Constituent Meetings will remain as parts of the Religious Society of Friends (Britain), governed by the relevant parts of QF&P.</p> </div> <div> <title>Governance of the <name>RSFS</name></title> <p>The GD should specify how the <name>RSFS</name> 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 <name>RSFS</name> to be able to conduct business.</p> <p>The above is intended to allow for a structure for the governance of the <name>RSFS</name> very like the way in which Yearly Meeting and Meeting for Sufferings together provide governance for Britain Yearly Meeting (the church).</p> </div> </div> <div> <title>Some extensive background, which has informed my thinking.</title> <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> <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 <name>QiS</name>-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 <name>QiS</name> (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 did'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> <p>More background: What do we already have as models for how charities and their trustees work. I'm reasonably familiar with two examples, which guide my thinking in this matter.</p> <p>1. The 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 the latter charity (<link 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</link>) begins with the following definitions:</p> <list type="enum" class="alpha"> <item>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 <name>the Society</name>].</item> <item>Britain Yearly Meeting of the Religious Society of Friends (Quakers) [<name>Britain Yearly Meeting</name>] refers to the centrally held and managed policy, property, employment and work of the charity constituted by this document.</item> <item>Yearly Meeting in session [<name>Yearly Meeting</name>] refers to the annual assembly that is open to all members of the Society.</item> <item>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.</item> <item><emph>Quaker faith & practice</emph> is the current edition of the Book of Christian discipline of the Religious Society of Friends (Quakers) in Britain</item> <item>Meeting for Sufferings is the standing representative body of the Society.</item> <item>The term Friend refers to a member of the Society.</item> </list><p>* Highlighting added</p> <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, approving their terms of reference and appointing their clerks, among them the BYM Treasurer.</p> <p>2. Area meetings in Scotland governing documents</p> <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 the template provided by Quaker Life (<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>). The template does not make any overt distinction between the church and the charity, to my embarassment. 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 <emph>and this is agreed by Meeting for Sufferings</emph>, 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, <emph>with the agreement of Meeting for Sufferings</emph>, 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> <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. "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> <p> * Dundee Friends Property Trust was governed by a 130-odd-year-old deed of trust, now 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> <p> * North of Scotland AM 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> <p> * General Meeting for Scotland</p> <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 <name>SCIO</name>). Its constitution (Linked from <link href="https://www.symudymlaen2.org/">https://www.symudymlaen2.org/</link>) 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 (<link href="https://qfp.quaker.org.uk/passage/4-02/">https://qfp.quaker.org.uk/passage/4-02/</link>) 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> <p>Prison Chaplains</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>Registering officers</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> </body> </doc>