Introduction
The General Assembly of the Church again met in a ‘blended’ form from 18 to 23 May, based in the Assembly Hall in Edinburgh. The Moderator of the General Assembly this year was Rev’d Dr Shaw James Paterson, BSc, BD, MSc (Med Sci) PhD, Minister of Strathaven: Trinity Church of Scotland in the new Presbytery of Forth Valley and Clydesdale.
The Lord High Commissioner to the 2024 General Assembly was Prince Edward, Duke of Edinburgh, a decade after he last took on the role of royal representative at the annual gathering. He is the first member of the Royal Family to become Lord High Commissioner since his nephew HRH Prince William, now the Prince of Wales, was appointed in 2021.
Legal questions
The Assembly approved an Act amending the Discipline Act (Act I 2019) in the terms of the Review of the Complaints Process and the Proposed Amendments to the Discipline Act and the Legal Aid in Disciplinary Proceedings Regulations (Regs I 2018). The Committee was tasked to develop a process for dealing with complaints made against a Presbytery committee and a bespoke process for a complaint against a Presbytery Clerk, and was intructed to report to the General Assembly of 2025.
Theological Forum
The Assembly affirmed that all offices of the Church are open to all persons of all sexualities and gender identities. This follows on from the 2023 Assembly commissioning the report on Transgender Identities in the Church of Scotland.
The General Assembly of 2023 had approved an Overture presented by the Theological Forum to amend the Church’s confessional basis and had transmitted it to the Presbyteries for consideration under the provisions of Article VIII of the Articles Declaratory in Matters Spiritual annexed to the Church of Scotland Act 1921. The work of the Forum in this area over the last year had included preparation of a video resource to assist Presbyteries in their deliberations, answering queries received throughout the year in response to the consultation process, and commencing planning for the preparation of the text of a Book of Confessions as stipulated in the Overture. To amend the Westminster Confession of Faith in terms of subscription would require recourse to Parliament because the constitution of the Church is set out in the 1921 Act.
The General Assembly of 2023 had instructed the Theological Forum: (1) to study the Scottish Government’s Independent Report entitled Ending Conversion Practices: Report and Recommendations, (2) to collaborate with the Faith Action Programme Leadership Team to review previous General Assembly Reports and decisions on the matter of conversion therapy and (3) to report findings back to the 2024 General Assembly. The Scottish Government had begun a public consultation on legislation against conversion therapy on 9 January 2024.
The Forum read and discussed the consultation document and found that the religious liberty concerns raised regarding the Independent Report had largely been addressed. In terms of previous General Assembly Reports and decisions on the matter of conversion therapy, there had only been one: the Deliverance of the General Assembly of 2022 which acknowledged ‘that the practice of Conversion Therapy is harmful and endorse the definition of Conversion Therapy as outlined in the Memorandum of Understanding on Conversion Therapy in the UK’.
The Forum expected to continue to address issues relating to the calling of the Church, in fulfilment of instructions from the 2023 General Assembly. It would also continue to discuss the Third Article Declaratory and its interpretation in the modern Church of Scotland in consultation with other bodies as instructed by that Assembly, expecting to report on this in 2025. The Forum would also work on a joint report with the Faith Action Programme Leadership Team to be presented to the 2025 General Assembly on the decline of the Church of Scotland and what can be done to address it. The Forum would also participate in the drafting of a statement of acknowledgment and apology for the Church’s involvement with and connection to historic slavery, to be considered for adoption at a future General Assembly. The Forum would work collaboratively with the Ecumenical Relations Committee on consideration of a theology of friendship, and, if so instructed, on the commemoration of the 1700th anniversary of the Nicene Creed in 2025. The Forum had largely devolved its work on the subject of assisted dying to a joint working group which would report separately, but did expect to be consulted on the theological aspects of this issue over the next year.
Safeguarding Committee
The Safeguarding Committee was tasked to develop and implement processes and working practices which would ensure compliance with the Disclosure Scotland Act 2020, which will commence in April 2025, and to instruct Kirk Sessions and Presbyteries to cooperate with such processes and work practices. The Committee’s policy on Support for Survivors of Historical Abuse was commended and its implementation by Kirk Sessions, Presbyteries and the National Office was encouraged.
General Trustees
A representative had been appointed to the Ethical Oversight Committee of the Church as a representative of the Trustees. The Trustees contributed to Faith Action’s online Net Zero Pathway publication by providing the pathway on buildings in which the Trustees gave advice on how to measure and reduce their carbon footprint. Connected with this was the ongoing development of the Energy Footprint Tool, which would help congregations measure and record their environmental impact. The Trustees were also working with suppliers and congregations to explore ways to facilitate the installation of electric vehicle charging points on Church of Scotland sites.
The Trustees had established working relationships with both Housing Justice and Church Action for the Homeless in the last year. Housing Justice currently operates in England and Wales, and through its ‘Faith in Affordable Housing’ project, acts as a link between faith organisations and housing associations to provide affordable housing in areas of need. The Trustees and congregations do, however, have a duty to act in the best interests of the congregation and in furtherance of the Church’s charitable purpose – which is the advancement of religion – and, accordingly, have only limited scope for disposing of land at anything other than its full market value. That did not create an absolute bar to disposal of land with social aims in view, but it did mean that opportunities to do so were constrained by all of the factors applying in a local context.
The Church of Scotland Insurance Scheme (COSIS), currently insured with Aviva, is due for renewal at the end of 2024. Negotiations were under way with both the current insurer and alternative carriers. The insurance marketplace for large property risks had become increasingly challenging post-pandemic. Additionally, the perceived risks associated with the Church, especially regarding property management and unoccupied properties following unions, would result in significant premium increases. To assist congregations and the General Trustees in finding a sustainable solution, COSIS was exploring alternative business models.
In response to a Deliverance from the 2023 General Assembly, a Manse Working Group (Provision) was formed comprising representatives from the General Trustees, the Assembly Trustees, the Faith Action Programme Leadership Team, the Law Department, the Stewardship & Finance Department, Presbyteries and Ministers. The current default position for the Church of Scotland is that a minister is required to live in the manse provided by the congregation.
The HMRC position has not changed over many years, and HMRC has long accepted that ministers living in manses provided by their congregations fall within its tax exemption guidelines. Further reference was made in the Assembly Trustees’ Report to the remuneration package of a minister, which comprises a stipend, the right to be provided with a manse and the corresponding duty to occupy it and discharge the duties of his or her office from it. If the Church of Scotland were unable to prove that living in a manse was the default position for ministers and that the accommodation was provided for the better performance of their duties, then the tax advantage would be lost for all ministers.
There were several other reasons why the Group considered that a minister should, wherever possible, live in the manse of the parish that he or she ministers to. A parish minister was called into a relationship with a congregation and became a part of the community that was the congregation, as well as being part of the wider community in which the church is situated. To be an effective pastor as well as a leader, the minister needed to live as a true member of the two communities and as a representative of the congregation. The most effective way of achieving this was to be living in a house that the Church had provided – it made the minister ‘one of us’.
While it was noted from discussions that some other denominations offered their ministers the option to live in their own homes, the Group’s understanding was that the tax implications were the same for all denominations.
