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Briefing Document No
21 - Page 4 of 4
Supporting
Good Work - Continued
Designated Religious
Bodies
The report recognises
that "historically, much charitable work has been carried out through the
medium of religious bodies and indeed in Scotland, the Kirk, from the 16th
century, was the instigator of, and the means by which, poor relief and
education were delivered". This, along with an appreciation that the
structures of religious bodies are often quite different from other charities,
has resulted in the legal recognition of "designated religious
bodies"- 10 at present in Scotland - which are currently exempt from
aspects of charity regulation in order to safeguard churches and other faith
communities from inappropriate state interference.
Such bodies must have
been established in Scotland for at least 10 years, have a sizeable membership
in Scotland, have as their principal purpose the promotion of religion and their
principal activity must be public worship; they must also show adequate
supervision of component parts within their organisation. The Commission start
from a view that all charities should be treated equally, but recommend
continuing exemption of designated religious bodies from powers of
investigation, of appointment of trustees, and of temporary management by
CharityScotland.
Issues
There has been widespread
welcome for the proposals as "bringing clarity to charity", which
should "validate the good and deter the bad" (The Herald).
There are positive steps to increase public confidence in charities, and there
appears to have been appropriate account taken of the special position of the
churches. While much of the publicity has argued as to whether private schools
should retain their charitable status, the public benefit definition seems an
appropriate context for such a debate. The issue of relief from water charges is
a pressing one for churches – to place such a burden on voluntary bodies much
praised for their community role would be a dramatic mixed message.
Theological and Church
Context
The public benefit test
for charities might be an interesting yardstick for the churches' work. William
Temple's famous remark that "the Christian church is the one organisation
in the world which exists purely for the benefit of non-members" represents
a real challenge to our practice; but it is also open to challenge as to the
uniqueness of its claim and its accuracy as description of the churches'
activity.
Churches engage, at local
and national level, as significant parts of the voluntary sector, often in
alliance or partnership with "secular" groups whose practice might
stand up as well as ours to the "Temple test". That is far from
denying the value of the faith-based community work which has been powerfully
backed by President Bush. Politicians of various parties have stressed the value
of that contribution from faith communities, and the UK Government seems
currently enthusiastic about seeing churches as partners in such initiatives as
the New Deal for Communities. But there remain occasional concerns about
exclusion from funding; there are also signs that the Scottish Executive, SIPs
and local authorities may be less inclined to include faith communities as
partners than is the case in England (why?).
Further, is contract
based service provision the best way forward for the churches? The work of the
Kirk's Board of Social Responsibility, for example, suggests that this can be
combined with a prophetic role, but that can be a difficult path. What does it
mean for our mission to have parts of church work financed by the state?
Whatever the answers to
these questions, we cannot walk away from the commitment to the well-being of
communities that we should be glad to share with other groups.



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