COUNCIL OF ASSEMBLY MAY 2008 PROPOSED DELIVERANCE The General Assembly: 1. Receive the Report. 2. Instruct Assembly Councils, Committees, Presbyteries, Kirk Sessions and other Agencies of the Church to engage with the Co-ordinated Communication Strategy and to give high priority to good communication in their work. 3. Instruct the Council to continue to support the development of Gaelic within the Church, including discussions with appropriate funding bodies. 4. Record their thanks to the Law Department for their work in ensuring that the Church retains both its charitable and Designated Religious Charity status. REPORT 1. THE WORK OF THE COUNCIL 1.1 The role of the Council of Assembly is, on behalf of the General Assembly, to enable, resource, co-ordinate, monitor, evaluate and review the work of the central agencies of the Church. This role is undertaken principally through the Council’s various Committees – Budget, Communication, Governance, Internal Audit and Staffing – but also through regular reporting by Councils and Committees to the monthly meetings of the full Council. The structure of the Council itself, bringing together the Conveners and Secretaries of the other Councils, along with Assembly appointed members and the Assembly appointed officials (Principal Clerk, Solicitor, General Treasurer), provides natural opportunities for sharing ideas and information and it is good to report that these are taken up in a very positive manner. 1.2 A rota system has been established under which at each meeting one Council makes a substantial presentation on its current work, while another gives a routine update on its activities. Another rota enables the committees within the Support and Services Council to report at least once in the year. Over and above these rota arrangements the opportunity is given at every Council meeting for reporting as issues arise. These presentations, updates and reports form a significant part of the business each meeting, with opportunity being given for questions from Council members. By this means the Council is able to go into matters in greater depth and detail than is possible through simply reporting annually to the General Assembly. 1.3 It is, of course, for Councils and Committees to develop and implement policy subject to the approval of the General Assembly. The Council of Assembly’s year round oversight relates not to policy questions but to “matters of management, organisation and administration” (Remit section 4). This task is carried out more specifically through the monitoring of budgets and staffing and also through a continuing focus on communication. 2. BUDGETS 2.1 As is customary, the main budget proposals for 2009 will be presented in a Supplementary Report. 2.2 The Council has been pleased that its policies enabled a freeze in the total contributions required from congregations in 2007, followed by a £1 million reduction in the total for the current year, thus continuing the principle of recent years of making additional resources available to congregations for their parish and mission work. This has been achieved, without unduly restricting the work of Councils, by containing costs in service departments, making more effective use of reserves and other sources of income, and by transferring the responsibility for funding the pensions deficits over ten years to the employing Councils. Council representatives meet regularly with the Budget Group where quarterly (soon to be monthly) management accounts and plans for the future are discussed. An expenses policy covering conveners and committee members is now in place, as well as a policy on bank accounts and borrowing facilities designed to make the most efficient use of available funds. The Budget Group encourages Councils to prioritise their activities and to acknowledge that the taking of new initiatives may sometimes require the discontinuation of existing work. 3. STAFFING 3.1 The Staffing Group discharges the Council’s remit to determine staffing requirements of agencies of the General Assembly. All proposals for the establishment of new posts, or significant adjustment to existing posts, are considered by the Group with a recommendation being put forward to the Council. This involves discussion with representatives of the relevant department, scrutiny of proposed job descriptions and agreement on sources of funding. Protocols are in place which allow straightforward replacement posts to be approved with minimum delay. Protocols have also been agreed with the Central Services Committee with that body having responsibility for terms and conditions of employees, while the Council of Assembly has the task of assessing staffing requirements generally and, in particular, evaluating proposals for new centrally funded posts. 4. COMMUNICATION 4.1 Communication Strategy 4.1.1 The Communication Committee is taking forward the Co-ordinated Communication Strategy adopted by last year’s General Assembly. Copies were sent to every presbytery and congregation and the Strategy also appeared as a centre spread in Life and Work. Feedback received has been encouraging but, ultimately, success will be measured by the quality of communication from and within the Church. The Strategy is for the whole Church and, once again, the Council strongly commends it to congregations, presbyteries, ministers and Church members as well as those involved in the central administration. The appointment of Jennie Denholm as Communication Adviser has enabled fresh energy to be dedicated to improving internal communication within the Church. The Communication Committee, in addition to its regular meetings, meets at least twice yearly with departmental staff who have a communication brief and individual Councils have now evolved their own communication strategies. The Council has also sought to develop good lines of communication with those bodies which do not come under its oversight – the Pension Trustees, the Housing and Loan Fund, the General Trustees and the Guild – and appreciates the willingness of these bodies to engage in discussion of common issues and shared concerns. The annual visit of representatives of the Presbytery Clerks’ Forum to a Council meeting is also proving beneficial and the regular reporting of Councils referred to above specifically includes details of their engagement with presbyteries. 4.1.2 In sending the Communication Strategy to presbyteries and congregations the Council was offering a resource for local use and, to assist in this use, sample discussion questions for discussion groups were also provided. These can be found in the Appendix to this report. While there was no expectation that responses would be sent to the Council some have come and these have been gratefully received. What would be particularly helpful, though, are examples of successful communication initiatives that can be more widely shared through the evolving web based communication resource which complements the Strategy. These can be sent to the Communication Adviser at 121 George Street or to jrutte@cofscotland.org.uk. 4.2 Gaelic and the Church 4.2.1 The General Assembly of 2005 expressed regret at the substantial decrease in the use of Gaelic in the Church and invited Councils of the Church, where appropriate, “to explore ways in which Gaelic can resume its distinctive place within the religious life of Scotland”. The Council, in seeking to contribute to the fulfilling of this remit, appointed a Gaelic Group convened by the Rev Dr Norman Maciver. This group’s membership comprises active Gaelic speakers and includes ministers, elders and a deacon, along with an academic, a representative of Bord na Gaidhlig and an MSP. 4.2.2 The Group has researched the use of Gaelic within the Church and the frequency of Gaelic Services across Presbyteries. In addition, it has been represented on a Mission and Discipleship/Ministries Gaelic Group set up as a result of a decision of the 2007 General Assembly and which reports this year under the Mission and Discipleship Council. 4.2.3 The Group has been in discussion with other Councils. The Church and Society Council has an interest in the use of Gaelic in education and broadcasting; the Social Care Council is investigating how many of their vulnerable Care Home residents might have ready access to native Gaelic speakers when needed; the World Mission Council acknowledges the need to keep the issue of Gaelic resources on their agenda. 4.2.4 With regard to resourcing the Gaelic Group understands that the political agencies recognise the role the Church of Scotland can play in fostering the Gaelic language and encouraging its ongoing development. The Council, through its Communication Committee, will continue to support the Gaelic Group in its ongoing work in this area, including discussions with appropriate funding bodies. 4.3 Media Matters Over the past year the Council has given particular attention to media issues. It is recognised that the Church’s structures do not provide for a national leader who can develop a media profile over a period of years. Accordingly, it is expected that, not only the Moderator, but conveners will speak on matters of public interest. While acknowledging the importance of an ability to deal with the media the Council recognises that this is not the only quality called for in a convener. Moreover, and at a most practical level, because conveners are busy people with a “day job” it can often happen that they are simply not available within the time frame demanded by a newspaper to respond to a request for an interview. In light of these considerations the Council has agreed the following protocols for dealing with media enquiries and for proactively seeking to place stories in the press: a) When an issue offering a proactive opportunity arises, or a media enquiry is received, the Head of Media and Communication (HMC) will alert the Moderator and/or relevant department as appropriate. If uncertain as to whether the Moderator should be involved she will consult with the Principal Clerk. b) Where the matter falls to be dealt with by a Council or Committee the appropriate spokesperson is the convener, whom failing the vice-convener. If neither is available the Secretary will either advise as to an appropriate staff or Council member to speak, or personally undertake that duty. c) In circumstances where nobody from the relevant department is available the HMC will consult with the Principal Clerk and they shall have the power to authorise HMC (or duty press officer) to make an appropriate statement as a named spokesperson for the Church. d) If the matter is one for the Moderator, and he or she cannot be contacted, the Principal Clerk may authorise a statement to be issued in the Moderator’s name or on the Moderator’s behalf. 5. GOVERNANCE MATTERS 5.1 Charity Law 5.1.1 During the year, the Office of the Scottish Charity Regulator (OSCR) undertook a review to check whether the Church meets the criteria for holding Designated Religious Charity (DRC) status as contained in section 65 of the Charities and Trustee Investment (Scotland) Act 2005. Under the previous charity regime the Church was a Designated Religious Body (DRB). Being a DRC exempts the body concerned and its “component elements” from many of the supervisory powers given to OSCR and the Courts, including the right to suspend charity trustees and disqualify them from office as a result of misconduct. It reflects the Church’s right to autonomy in regard to matters spiritual and in particular to determine who may hold office in the Church as recognised by the Church of Scotland Act 1921. The Council is happy to report that OSCR duly intimated its decision to designate the Church from 1 October 2007. This decision will be reviewed by OSCR as part of an ongoing review process in 7–10 years. Previously, as a DRB the Church was exempt from charity accounting regulations but that concession is no longer available for DRCs which, along with their component elements, have to comply fully with the Charity Accounting (Scotland) Regulations 2006. OSCR has indicated its willingness to allow the Church a 2-3 year period to work towards full compliance with the Regulations and that it will carry out an interim review as to accounting compliance in the Spring of 2010. 5.1.2 The 2005 Act introduced a new charity test which bodies must satisfy to retain charitable status. The test has two main elements: the body’s purposes must be charitable and fall within one of a statutory list which includes the advancement of religion; and it must provide public benefit. OSCR is undertaking a review over the next few years of all charities as entered on the Charity Register to confirm that they meet the charity test. The opportunity was taken by OSCR of combining the assessment of DRC status with the carrying out of a review of the continued eligibility to hold charity status of the Unincorporated Councils and Committees of the General Assembly, registered under the legal charity name “The Church of Scotland” (SC011353). Again, the Council is happy to report the satisfactory outcome of this, OSCR having confirmed that these bodies had “passed” the charity test. 5.1.3 The Council would wish to record its thanks to the staff of OSCR and, in particular, Ms Kirsty Gray, its Head of Monitoring and Investigation and Ms Laura Anderson, its DRC Project Co-ordinator, for the positive, efficient and helpful manner in which the review process was undertaken. At the same time the Council acknowledges the considerable work done by the Law Department, particularly Mrs Jennifer Hamilton and Mrs Janette Wilson, in so effectively looking after the Church’s interests in this important area. 5.1.4 Over the next few years as part of the rolling review, OSCR will be reviewing the charitable status of the Church’s component elements including congregations, those Presbyteries which are charities and the statutory corporations. The Council’s governance group will be looking at means of assisting congregations in regard to this process. It is also considering, in consultation with the Presbytery Clerks’ Forum, the best way of providing training and other resources to congregations to assist their compliance in the areas of charity law and good governance. 5.2 Appointment and Induction of Charity Trustees 5.2.1 The Council has arranged briefing days for new conveners and members of Councils and Committees having regard to their role as charity trustees. These have been led by the Solicitor, General Treasurer, Principal Clerk and Head of Human Resources with a focus on the various areas represented by these officials. In addition departments provide induction programmes for their own members concentrating on the department’s own area of work. 5.2.2 The Council welcomes the review of the procedures by which individuals are identified for appointment to Assembly Councils and Committees. This has been undertaken by the Nomination Committee itself and is detailed in that Committee’s report. 5.3 Special Commission The Convener and Secretary of the Council were among those invited to meet with the Special Commission on Structure and Change to speak about the work of the Council and respond to questions from members of the Commission. The Council was encouraged by the positive terms in which the Commission spoke in its report to presbyteries of the role of the Council and the new central structures which are now in place. It has also noted the specific comments of the Commission in that report on the role of the Principal Clerk as Secretary to the Council. This provision, put in place by the General Assembly of 2004, has been helpful to the Council in its formative years. However, while keeping an open mind on the matter, the Council recognises that it would be appropriate to have a thorough review of the arrangement, including consultation with other Presbyterian Churches, prior to the retirement of the present Principal Clerk in 2010. 5.4 Co-opted Members The Council reports that Mr Martin Sinclair is a co-opted member of the Budget and Governance Groups; Mr Findlay Turner (representing the General Trustees) also serves on the Governance Group; Mr David Allan is a co-opted member of the Staffing Group and the Rev Peter Johnston is a co-opted member of the Communication Committee. 6. INTERNAL AUDIT 6.1 The Committee now includes representatives from the Social Care Council at its meetings and its oversight encompasses all aspects of the activities of the six Councils. Following a series of risk workshops held by individual Councils in 2006 and by the Council of Assembly in 2007, a three year programme of work is now being undertaken, evaluating the effectiveness of internal systems and controls on the basis of the degree of risk inherent in each area. In 2007, reports included a review of payroll procedures at 121 and Charis House, and non-payroll expenditure at 121. No major weaknesses were identified, but the Ministries Council was asked to remind ministers of their obligations in relation to the recording of mileage and to ensure that Presbyteries also fulfilled their duties in this regard. In 2008 there will be reviews of outside income and non-payroll expenditure at Charis House, as well as further work on risk management and governance. Each year checks are carried out to ensure that the recommendations made in previous years are being implemented. 7. ONGOING REVIEW 7.1 Human Resources Over the past year the Council, in consultation with the Ministries and World Mission Councils (which previously had their own HR provision) and the Central Services Committee, has effected the centralisation of Human Resources services in 121 George Street. A single HR department now provides professional support for the staff of central Councils and Committees (with the exception of the Social Care Council) and also to Ministries Council parish based staff (other than inducted parish ministers) and to World Mission mission partners serving overseas. This has enabled the development of a fully integrated HR team providing support across the Church and brings benefits in terms of staff cover, availability and sharing of knowledge within the team. The Council is grateful for the co-operation of all involved in enabling this to happen. 7.2 Web Development Last autumn Shirley James was appointed as web editor following Lynsae Tulloch’s move to the National Museum of Scotland. At the same time the opportunity was taken to review the provision of technical support of the website and this responsibility is now undertaken by the IT department. A new post of web development officer has been established with the remit to work with the editor in the development of the website. The Council is also keen to enable the provision of expertise and support to congregations wishing to create or develop their own websites. 7.3 Social Care Council 7.3.1 Over the past year the Council has engaged on a number of issues with the Social Care Council (CrossReach). At the time of the re-structuring between 2004 and 2005 the former Board of Social Responsibility effectively became the new Social Care Council. There was a reduction in membership and a transferring of the social issues remit to the new Church and Society Council. However, beyond that, there was very little scrutiny of the arrangements for this aspect of the Church’s work. 7.3.2 The Social Care Council has its own offices at Charis House; it is a separate employing agency with its own management structure and the vast majority of its funding comes from external bodies, such as local authorities paying for its services. Nevertheless, it remains an integral part of the Church and enjoys the assurance that the Church as a whole stands behind it in its work of caring in Christ’s name. Accordingly, like the other Councils, it comes within the general co-ordinating, evaluating and monitoring remit of the Council of Assembly. 7.3.3 Having regard to good stewardship and governance, discussions are ongoing with a view to establishing closer co-operation between Charis House and “121” in areas such as financial, IT and HR services. The Council appreciates the ready co-operation of the Social Care Council in this process. In the name of the Council HELEN MCLEOD, Convener ALAN GREIG, Vice-Convener FINLAY MACDONALD, Secretary ADDENDUM Helen McLeod completes her term as Convener of the Council of Assembly at this General Assembly. When the General Assembly of 2004 decided to set up this new Council of Assembly, with powers which went beyond anything entrusted to former Assembly Councils, Helen McLeod was ideally placed to act as its first convener. A classicist by training she has brought a keen analytical mind to the many organisational questions with which the Council has to deal. She has also brought a breadth of experience, having served as Session Clerk at Forfar: St Margaret’s and as Depute Clerk to the Presbytery of Angus. At Assembly level she has served on the former Boards of Practice and Procedure and Social Responsibility (where she was a Vice-Convener), as a National Vice-Convener of the Guild and as a member of the Ecumenical Relations Committee. She served as Convener of the former Assembly Council from 1999-2003 during that body’s major consultation with presbyteries, at the same time giving effective leadership to the former Co-ordinating Forum as it worked towards consensus on priorities for the Church and the structures required to deliver those priorities most efficiently and effectively. Helen’s first year as Convener of the new Council was particularly demanding involving, as it did, the putting in place of the new central structures approved by the 2004 Assembly. This called for listening skills, patience, tact, fairness and firmness, qualities she possessed in abundance. It called also for a vision of the Church and its core business of witnessing to Christ and his Gospel. This vision has been particularly evident in the high priority she gives to good communication, both within the Church and from the Church to the surrounding world. Helen’s preparation for the numerous meetings she chaired was always meticulous, not only in terms of the business but also of the opening devotions. Three or four meetings in a day would open with separately prepared readings and prayers perfectly reflecting on the business in hand. The last four years have made enormous demands on Helen’s physical, mental and spiritual resources. These have been generously given in the service of the Church she loves and the Church readily and gratefully acknowledges this. ALAN GREIG, Vice-Convener FINLAY MACDONALD, Secretary APPENDIX COMMUNICATION STRATEGY DISCUSSION TOPICS FOR CONGREGATIONS The Church in the Community 1. How is our congregation viewed by the wider community around us, including neighbouring churches? 2. What are the mechanisms we use to communicate with the community? 3. How effective are these? Is there room for improvement? If so, what other options are open to us? The Wider Church 1. How does your congregation relate to the wider Church of Scotland a) through an awareness of the work of Presbytery b) through an awareness of the work of General Assembly Councils and Committees? 2. How can communication be improved – in both directions? If so, where are the particular weaknesses? 3. How does your congregation relate to other local denominations and faith groups? Could communication here be improved? 4. Does your congregation have a sense of being part of the world Church? How is this sense communicated to members? The Media 1. How does your congregation relate to local media – newspapers, local radio etc? 2. Are you aware the Church’s Press Office at 121 is available to assist congregations in media matters? 3. Do you have a congregational Communication Officer? If not would you see value in making such an appointment? FOR PRESBYTERIES 1. How effective are channels of communication with ministers and congregations? 2. What role do Presbytery elders play in this regard? Are there ways in which this role could be developed? 3. How effective are channels of communication with “121” and Charis House? Can communication be improved – in both directions? If so where are the particular weaknesses? 4. Is there a Presbytery Communications Officer? If not would you see value in making such an appointment? 5. How does the Presbytery relate to the media? Could more be done in this direction? How much use does the Presbytery make of the Church’s Press office at 121?