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General Assembly 2007: Church to extend protection
for its members
The Ministries Council and the Legal Questions Committee
will present their joint report to the General Assembly.
It will detail the findings of the Working Group of
the Ministries Council and Legal Questions Committee.
Since being established last year, the Working Group
has been examining questions relating to the equivalence
of protection offered by the Church to its ministers
and others, in comparison with the rights of employees
and others in civil law.
The Working Group believes that it has always lain
within the common law powers of the courts of the Church
to take action in circumstances in which any minister,
employee, office-bearer or member of the Church is subjected
to bullying or discrimination. The Ministries Council
and Legal Questions Committee will ask the General Assembly
to pass two acts relating to bullying and discrimination.
The first of the two acts proposes to tackle bullying
and will provide a means by which the courts of the
Church can take up an allegation against a court, committee
or individual, investigate it and resolve it. The second
act seeks to combat discrimination where it is perpetrated
by or in the name of any agencies of the Church.
The new legislation does not remove presbyteries’
powers and intends to add to their powers in just one
respect, in that they may impose financial sanctions
upon courts and committees (e.g. kirk sessions) where
discrimination has taken place. This extension of power
is being presented as an overture under the Barrier
Act and the Assembly will be asked to transmit this
to presbyteries with returns to be received by 31 December
2007. Nor do the acts seek to replicate civil law remedies.
The legislation sets out to emphasise the powers that
are already in place.
The Working Group will report that the Church is privileged
to have a large number of office-bearers who willingly
give their time and talents to further its work. The
majority of these people would never indulge in acts
of bullying or harassment. The Working Group is aware,
however, of experiences where such unacceptable behaviour
has caused distress and disruption to individuals and
congregations.
Ends
nrga/11/04/07
Monday 16 April 2007
Note to news desk
For further information please contact Ann Inglis, convener
of the Legal Questions Committee, on 01361 890289. A full
copy of the report is available on our General Assembly
pages online
here.
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