Mercurial > hg > rsof
changeset 362:37c5c078b660
merge
| author | Henry Thompson <ht@markup.co.uk> |
|---|---|
| date | Fri, 05 Apr 2024 12:31:36 +0100 |
| parents | f6018ce3738c (current diff) 3bea1cf78de0 (diff) |
| children | cd9f72c29023 |
| files | |
| diffstat | 18 files changed, 1074 insertions(+), 0 deletions(-) [+] |
line wrap: on
line diff
--- /dev/null Thu Jan 01 00:00:00 1970 +0000 +++ b/QiS/What_are_QiS.html Fri Apr 05 12:31:36 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. Thompson</a>&#160;<a href="http://creativecommons.org/licenses/by-sa/3.0/deed.en">CC-BY-SA</a>"/><meta http-equiv="Content-type" content="text/html; charset=utf-8"/><style type="text/css"> + ul.nolabel { margin: 0; margin-left: -2.5em} + ul.naked.nolabel {margin: 0; margin-left: 0; padding-left: 0} + ul.cdefn {clear: both} + div.ndli { margin-bottom: 1ex } + div.hidden {display: none} + + ul.naked > li { list-style-type: none; background: none; margin-left: 2em; +margin-bottom: 0 } + li ul.naked > li, dd ul.naked > li { list-style-type: none; background: none; margin-left: 0; +margin-bottom: 0 } + li.cdefni {} + li.cdefni span.cl {display: inline-block; vertical-align: bottom} + li.cdefni span.cr {display: inline-block; margin-left: 1em; vertical-align: bottom} + pre.code {display: inline-block} + blockquote.vanilla {display: inline-block; margin-left: 1em; + border: solid 1px; background: rgb(238,234,230); + padding: .5ex .5em} + blockquote.vanilla ul.naked li {margin-left: 0 ! important;font-size: 100%} + ol ol ol, ol ol ol li {list-style-type: lower-roman} + ol ol, ol ol li {list-style-type: lower-alpha} + i i {font-style: normal} + li li {font-style: normal} + li ul li {font-style: normal} + li { line-height: 100%; margin-top: 0.3em} + .math {font-family: 'Arial Unicode MS', 'Lucida Sans Unicode', serif} + .sub {font-size: 80%; vertical-align: sub} + .termref {text-decoration: none; color: #606000} + .licence {margin-left: 1em; font-size: 70%} + .credits {margin-left: 1.5em; font-size: 70%} + .right {position: absolute} + .stackdown {vertical-align: text-top; margin-top: 0} + body {font-size: 12pt} + pre.numbered { + white-space: pre-wrap; + } + div.counter { + counter-reset: listing; + } + pre.numbered code { + counter-increment: listing; + } + pre.cl code::before { + content: "$ " ; + font-size: 80%; + width: 2em + } + pre.numbered code::before { + content: counter(listing) ". "; + 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
--- /dev/null Thu Jan 01 00:00:00 1970 +0000 +++ b/QiS/What_are_QiS.txt Fri Apr 05 12:31:36 2024 +0100 @@ -0,0 +1,337 @@ +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 + +1. 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". + + +2. 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. + +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: + +*Definitions* + + a. 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*]. + + b. 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. + + c. Yearly Meeting in session [*Yearly Meeting*] refers to the annual + assembly that is open to all members of the Society. + + d. 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. + + e. _Quaker faith & practice_ is the current edition of the Book of + Christian discipline of the Religious Society of Friends + (Quakers) in Britain + + f. Meeting for Sufferings is the standing representative body of the Society. + + g. 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) +
--- /dev/null Thu Jan 01 00:00:00 1970 +0000 +++ b/QiS/What_are_QiS.xml Fri Apr 05 12:31:36 2024 +0100 @@ -0,0 +1,384 @@ +<?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 draft 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 this section provides a summary.</p> + <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>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> + <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) <emph>should it decide to do so</emph>. There must be clarity on SESAM (the church)'s + status with respect to <name>QiS</name> (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 <name>QiS</name>, both church and +charity, take its place as part of <name>QiS</name> (the church) and consider +laying down SESAM (the charity) in favour of <name>QiS</name> (the charity).</p> + </div> +<div> +<title>Problems with the GD</title> +<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> +<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 church. 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, +the <name>QiS</name> Coordinating Group evidently started with a 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>But <emph>why</emph> are these problems for SESAM, 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 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 <emph>now</emph> are</p> + <list type="enum"> + <item>In general, because 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.</item> + <item>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 <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"</item> + </list> + <p>A clear separation between the church and the charity is a simple first step towards the necessary clarifications.</p> + <note class="footnote"><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>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></note> +</div> + <div> + <title>A note on terminology</title> +<p>For clarity, hereafter +I'll call <name>QiS</name> (the charity) the <name>SCIO</name>, short for the (proposed) "Scottish Charitable +Incorporated Organisation" and I'll call <name>QiS</name> (the church) the <name>RSFS</name>, short +for the "Religious Society of Friends (Quakers) in Scotland".</p> +</div> +<div> + <title>Improving the GD</title> + <div> + <title>Distinguishing the charity and the church</title> + <p>The GD should make a clear distinction between the <name>SCIO</name> and +the <name>RSFS</name>, 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> +<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 <name>RSFS</name>. These five will constitute the <name>Constituent Meetings</name> of the +<name>RSFS</name>. Initially membership of the <name>RSFS</name> 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> + <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>will be at their discretion as to both timing and substance. Membership +matters should not be transferred to the <name>RSFS</name> until such time as +QF&P recognises the <name>RSFS</name> 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 <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 and +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> + <p>The amendment of the GD and the appointment of trustees, of a Treasurer who is <emph>ex officio</emph> +a trustee and of a Nominations Committee should all be +identified in the GD as matters reserved to the <name>RSFS</name> in session. +There should be at least one trustee from each Constituent Area Meeting.</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> +<div> + <title>Mostly about QiS</title> + <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 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> + <title>Existing models of church and charity structures</title> + <div> + <title>Britain Yearly Meeting</title> + <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 +(<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>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> + <title>East of Scotland</title> + <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 + (<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>), 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 <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></div> + <div> + <title>South East Scotland</title> +<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> + <title>Dundee Friends Property Trust</title> +<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> + <title>North of Scotland</title> + <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> + <title>General Meeting for Scotland</title> + <blockquote> + <p>"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>"General Meeting itself meets quarterly for business</p> + <p>"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>[From <link href="https://www.quakerscotland.org/general-meeting">https://www.quakerscotland.org/general-meeting</link>]</p> + </blockquote> + <p>GM's governing document is here: <link 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</link>. It appears to be based on the Quaker Life template for Area Meetings.</p> + <p>Section <name>12. Constituent Meetings</name> 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> + <title>The new structure for Wales and the Southern Marches</title> + <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> + </div> + </div> + </body> +</doc>