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General Assembly 2008: Kirk to look at 'more flexible' patterns of parish Ministry

This year, the Ministries Council will be asking the General Assembly (15 - 21 May) to initiate a wide-ranging examination of the future options for tenure. Historically, the right of congregations to appoint their own minister has been a hard-won right in the Kirk, and proposed changes to ministers' tenure do always tend to generate considerable debate.

The report begins by explaining that parish "ministers of the Church of Scotland...are 'holders of an office'"rather than employees, and that "the terms and conditions on which they hold their office or charge are called Tenure." (Section 3.1.1)

Currently, all ministers working in parishes are in place on the basis of either unrestricted or restricted tenure - the only two options available. Most are engaged on the basis of unrestricted tenure, which means that ministers...have full rights to remain in their charge (parish) until they choose to demit or reach a retirement age. (Section 3.2.1.1)

The Ministries Council is keen to emphasise that, in looking at possible new arrangements for tenure, "it has no desire to remove from congregations any historic rights which continue to provide for the mission and ministry of Jesus Christ to be exercised efficiently and effectively." (Section 3.1.8)

There is a strong case for change, in that ministers in unrestricted charges are permitted to refuse to consider any moves towards congregational linkages or changes in the parish boundary. Indeed, Presbyteries are not even permitted to speak to congregational office bearers about such prospective changes without the written permission of the minister. In addition, many would suggest that ministers in unrestricted charges enjoy most of the benefits of modern law and employment practices, but - being free from appraisal and job review processes - few of the responsibilities.

This year's report seeks the permission of the Assembly to engage in some of the preparatory work for what would be a process lasting for a number of years. The Ministries Council outlines some of the options for tenure and, with the Assembly's approval, hopes to flesh out these tentative suggestions in a detailed report to the General Assembly of 2009. Possible options include:

• Reviewable tenure: All ministers going in to a parish would be subject to reviewable tenure. This option could offer much more flexibility and an easier process where it was necessary, in the interests of the wider church, to effect adjustment or to move a minister on.
  
  
• Adjustable tenure: This would retain many aspects of current unrestricted tenure, except that presbyteries would have the right to terminate tenure in the event of congregational union or other adjustment.
  
  
• Contracts of Employment: A major culture shift for the Kirk, this would men bringing ministers under the aegis of 'secular' employment law. Such a framework could be implemented nationally or at the regional level, with ministers becoming the employees of either the Ministries Council or Presbytery. If implemented regionally, this would necessitate a major reform of the Kirk's Presbyteries, so that effective resourcing of well-trained and supported HR staff in each...was possible. (Section 3.4.3.5.2.)
  
  
• Presbytery tenure: This would make the Presbytery the 'calling' body, acting in consultation with the congregation. The Council recognises that this would involve a fundamental change in the relationship between minister and congregation, with many perceiving that the congregation had lost the right to call. However, it would offer a significant degree of flexibility in examining deployment issues over the Presbytery area, and allow ministers to retain the status of an office holder rather than an employee.

Ends

Note to Editors:

GANR/20/04/08

Tuesday 13, May 2008

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