# HG changeset patch # User Henry S. Thompson # Date 1711745445 0 # Node ID c82441465fa26501a6b72c0171018eb789cbdd03 # Parent 0437dd5360fc87f40fcbbe85fd06caf42f922830 Very rough port from .txt 349:c9212f diff -r 0437dd5360fc -r c82441465fa2 QiS/What_are_QiS.xml --- /dev/null Thu Jan 01 00:00:00 1970 +0000 +++ b/QiS/What_are_QiS.xml Fri Mar 29 20:50:45 2024 +0000 @@ -0,0 +1,296 @@ + + + + + + SESAM and QiS + Henry S. Thompson + 29 Mar 2024 + + +
+ Introduction +

I have struggled at the last two threshing meetings about the proposed + governing document (the version of 2024-03-21, hereafter GD) for + Quakers in Scotland (QiS) 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.

+

It's not short, and there's an even longer appendix of background + detail, so here's a summary:

+
+

SESAM Trustees should advise SESAM that SESAM should not agree to + joining QiS 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).

+

An updated GD needs to make explicit provision for the possibility + of SESAM-the-church continuing as 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 QiS-the-church and thus with respect to the + trustees of QiS-the-charity.

+
+

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 QiS-the-charity and + would join QiS-the-church.

+
+
+ A note on terminology +

In their cover letter for the draft GD sent to SESAM Trustees on +2024-01-06, the QiS-CG says

+
"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." (emphasis added)
+

Above I used "QiS-the-charity" to refer to such a charity and +"QiS-the-church" to refer to such a body. For simplicity, hereafter +I'll call the former "the SCIO", short for "the Scottish Charitable +Incorporated Organisation" and the latter "the RSFS", short for "the +Religious Society of Friends (Quakers) in Scotland".

+
+
+Problems with the GD +
+The church and the charity +

Making a distinction between the SCIO and the RSFS 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.

+

The GD uses "Quakers in Scotland" (QiS) for both of these, without +ever explicitly acknowledging that they are distinct. Sometimes +context makes clear which they are referring to, but not always.

+

There are two problems here:

+

a) 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";

+

b) The very limited nature of what is said, or more often implied, + about the RSFS. This is acknowledged in the quote above: "the + body is not part of what we are asking you about here".

+

These problems arise in large part because, perfectly understandably, +QiS-CG evidently started with the template for governing documents for +(English/Welsh) CIOs made available by Quaker Life +(https://www.quaker.org.uk/documents/cio-constitution-template-agreed-2014), +which embodies the same confusion.

+

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 +(https://www.quaker.org.uk/documents/governing-document-for-am-cc-approved-11-2022-final), +and so also suffers from these problems [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.]

+

But why are these problems, and even granted that they are, why do +they need to be fixed now?

+

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 defined 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, grounded in our +testimonies, to their communities, 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:

+

"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."

+

This needs to be fixed now because it is laid on Area Meeting +trustees to manage the assets of the Area Meeting in such a was 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 SCIO, they would fail in that +responsibility, which the law expresses as "[they must] seek, in good +faith, to ensure that the charity acts in a manner which is consistent +with its purposes".

+
+
+The future of the Area Meeting(s) +
+
+
+Some extensive background, which has informed my thinking. +

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.

+

The General Meeting for Scotland (GM) mailing list were told +(2023-11-17), in regard to

+

"(1) The possibility of merging our existing 6 charities into a + single body, Quakers in Scotland.

+

"(2) How we might organise all our concerns and worship more + effectively as a single charity."

+

that

+

"The first step for (1) is to agree a governing document to replace + the six comparable documents that apply to our existing charities."

+

and

+

"Friends will hear more requests soon to join in important + discussions relating to (2)."

+

I've searched my inbox without success for any request to "join in +important discussions relating to (2)" until, possibly, the invitation +from QiS-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".

+

However the cover letter from QiS (2024-01-06) sent to SESAM Trustees +says

+

"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."

+

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.

+

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.

+

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.

+

1. The Religious Society of Friends (Quakers) in Britain, and Britain + Yearly Meeting of the Religious Society of Friends (Quakers), + Charity number: 1127633

+

The governing document for the latter charity +(https://www.quaker.org.uk/documents/bym-governing-document-revised-min34-bym2014) +begins with the following definitions:

+ +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 the Society]. +Britain Yearly Meeting of the Religious Society of Friends + (Quakers) [Britain Yearly Meeting] refers to the centrally held + and managed policy, property, employment and work of the charity + constituted by this document. +Yearly Meeting in session [Yearly Meeting] refers to the annual + assembly that is open to all members of the Society. +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. +Quaker faith & practice is the current edition of the Book of + Christian discipline of the Religious Society of Friends + (Quakers) in Britain +Meeting for Sufferings is the standing representative body of the Society. +The term Friend refers to a member of the Society. +

* Highlighting added

+

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.

+

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.

+

2. Area meetings in Scotland governing documents

+

* 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 + (https://www.quaker.org.uk/documents/governing-document-for-am-cc-approved-11-2022-final). + 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.

+

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 and this is agreed by Meeting + for Sufferings, 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, with the agreement of Meeting for Sufferings, 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]

+

* 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.

+

* 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:

+

"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."

+

* 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.

+

* General Meeting for Scotland

+

* 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 SCIO). Its constitution (Linked from + https://www.symudymlaen2.org/) 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.

+

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."

+

It's not clear to me how this accords with QF&P 4.02 + (https://qfp.quaker.org.uk/passage/4-02/) 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." +

+

Prison Chaplains

+

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".

+

Registering officers

+

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)

+
+ +