#GA2021 report 05 – LEGAL QUESTIONS COMMITTEE

Who are they?
The Legal Questions Committee advise the General Assembly on questions of Church law and constitutional law affecting the relationship between the Church and State, advises and assists in preparing proposed legislation and on questions of interpretation and proposed changes to remits. They are responsible for compiling statistics of the Church (except for youth and finance), and to supervise all arrangements for the care of Church records and presbytery visits on behalf of the General Assembly. More can be found out about the Legal Questions Committee here. (although it should be noted a new remit for the LQC is in appendix C of the Assembly trustee report to GA2021)

Whats the report about?
The work of the Legal Questions Committee. most of which is an update with one piece of legislation.

Whats the key point of the report?
the Same Sex Marriage overture. (I don’t think it is at all controversial rather than the key piece of work run this report.)

Deliverance thoughts.
1 – yes
2 – yes
3 – Yes
4 – yes
5 – yes
6
a – yes
b – yes
c – yes
or
a – yes
b – yes
7 – yes
8
a – yes
b – yes
9 – yes

Thoughts on the report
 1. AMENDMENTS TO STANDING ORDERS
1.1 As per the Assembly Business Committee report section 4 and appendix B

 2. NEW CHURCH COURTS ACT
2.1.1 they are working on this but haven’t got it yet.
2.3 Possibility of an elder in presbytery may be a member of a congregation not a kirk session.
I thought all elders had to be embers of kirk sessions. I wonder if this has to do with limited time kirk session membership as referred to in the report 04?

 3. PREPARATION OF LEGISLATION FOR SAME SEX MARRIAGE
An overture in Appendix A which the Assembly can vote for if it wishes.
I like the attention the position of those who do not want to be nominated. I think that has to be rock solid.
The Committee will not move the overture, but if some else does…
If?

 4. PRESBYTERY REVIEW
Stop work on old model of 42 presbyteries, and plan for a future of 12 presbyteries.
yes

 5. LEGAL COSTS IN DISCIPLINARY PROCEEDINGS
5.2 analysis of past cases, shows legal expenses insurance would not cover the vast majority of people
5.3 A high tariff has to be met to lange the disciplinary procedure. that means good sifting can happen before any costs get involved.
I like the repetition of various options for dealing with a complaint. The Disciplinary proceedings are one of a range of responses depending on the allegation.
5.4 you could always join a union to deal with legal fees.
we will look at this again and report to GA2022
so, we have looked and don’t think there is a case for this. however we will look again and report to the GA2022 if we want to make any changes?
After being asked about this in 2019 this is unsatisfying. “we don’t think so but we will look again and maybe do something next year” is not a great response. better than just ignoring it, but not great.

 6. ADR AND PRESBYTERY PLANNING APPEALS
ADR = Alternative Dispute Resolution
6.2 is ADR a better way to resolve Presbytery Planning appeals as opposed to the current style of review asking was the decision made correctly.
6.3 No, Presbytery planning a decisions, ADR works where a decision hasn’t been made.
6.4 we should work on something more for the mission Plan act (if approved).
6.5 (if it isn’t approved) we should do something new about appeals and presbytery planning.
6.6 We need to filter out claims that are invalid generally in the appeals process.
6.7 Instruct us to review the appeals processes.

 7. CHURCH LAW RESOURCES
7.1 we thought and did some work on updating Weatherhead 1997.
7.2 we don’t want to do that anymore. We are instead working on developing other suitable resources.

 8. ON-LINE MEETINGS OF PRESBYTERIES, KIRK SESSIONS AND FINANCIAL BOARDS AND PROTOCOLS AS TO VARIOUS MEETINGS
These protocols should remain beyond the Covid 19 pandemic.

 9. STATED ANNUAL MEETINGS AND ELECTIONS TO CONGREGATIONAL BOARDS
If you can’t have an Started Annual Meeting to elect new board members.
Perhaps the Kirks session can fill vacancies. or we can come up with something else if you like.

 10. AMENDMENT TO THE DISCIPLINE ACT (ACT I 2019)
we need some longer timelines in the act.

 11. COMMITTEE REMIT

 12. EXAMINATION OF RECORDS

Appendix A
SOLEMNISATION OF SAME SEX MARRIAGE OVERTURE
General Provisions
Ministers & deacons can opt in.
No one is required to opt in.
People who opt in have to consider the wider context for these arrangements.

Appendix B
SUPPLEMENTARY OPINION OF THE PROCURATOR REGARDING SOLEMNISATION OF SAME SEX MARRIAGE IN THE CHURCH OF SCOTLAND
The Church of Scotland doesn’t have to nominate anyone be authorised. Authorisation is clearly opt in.
There is clear protection for not solemnisation of Same sex marriage both in the overture and the Equality Act.
The church building is linked to the ministers view so if the minister has not opted in, the building in the charge cannot be used.
If the minister or deacon opts in, there is a need to check those who participate like the organist or church officer also opt in, and arrangements are made to to deliver the same quality of service if they decide not to opt in.

Appendix C
ACT AMENDING THE DISCIPLINE ACT (ACT I 2019) (AS AMENDED)

Questions or amendments or suggested new deliverances.

Link to my thoughts on previous Reports to General Assembly

• 2017
• 2018
• 2019
• 2020