RECENT DEVELOPMENTS IN SKYE

Following on from discussions which had taken place at a local level between representatives of the Free Church of Scotland (Continuing) and the Free Church of Scotland regarding a possible settlement of property issues there, a Petition from the Free Presbytery of Skye and Uist (continuing) was brought to the attention of the Bills and Overtures Committee appointed by the General Assembly of the Free Church of Scotland (Continuing) of May 2007. This Petition was deemed to be unreceivable on procedural grounds, but, in order to bring the substance of that Petition to the attention of the Assembly the following addendum was introduced:

“The General Assembly reiterate their desire to achieve, if possible, a constitutional and equitable negotiated settlement to the dispute between the Free Church (continuing) and their former brethren.

The General Assembly note that some discussions have taken place within the Bounds of the Free Presbytery of Skye & Uist regarding a local settlement.

The General Assembly direct the Legal Advice & Property Committee, in consultation with the Assembly Clerks’ Department, to consider how the General Assembly’s desire for a potential negotiated settlement could possibly be effected, whether on a local or a national basis.

Further the General Assembly direct the Legal Advice & Property Committee to consider the relative merits of any such potential methods of settlement and report to the October meeting of the Commission of Assembly.”

After debate, this became a Finding of the General Assembly of the Free Church of Scotland (continuing) anent the Report of their Legal and Property Committee.

When the Legal Committee & Property Committee met on Tuesday 19th June 2007, they took up consideration of the aforesaid Assembly Finding. This is an extract from the Draft Minute of the Legal Advice & Property Committee of that date – viz:

Extract from Draft Minute of the Legal Advice and Property Committee  Meeting of   June 2007.

At 85 Old Edinburgh Road, Inverness on Tuesday   June 2007 the Legal

Advice & Property Committee of the Free Church of Scotland

(Continuing) met and was constituted.

Inter alia

Local Settlement.

The Committee took up consideration of a communication from the Assembly Clerks Department in the following terms:

“Negotiations  with the Residual Free Church in Skye.

As you may be aware, the Petition from the Free Presbytery of Skye & Uist anent Local Property Negotiations was deemed by the recent General Assembly not to be receivable, but a way was found for the substance of the Petition to be debated during the Report of the Legal Advice & Property Committee. In a vote at the conclusion of the aforementioned  debate, the General Assembly refused by an overwhelming majority to encourage the Presbytery to facilitate local property negotiations with those connected with the Residual Free Church. Instead the General Assembly noted that discussions had been taking place and, because there are issues of fundamental principles involved as well as civil legal concerns, instructed the Legal etc Committee to consider how a local or national property settlement could be effected in an constitutional and equitable way, requesting them to make comment on the relative merits of any possible methods of settlement, the Committee to report to the October Commission of Assembly.”

It was moved, seconded and agreed to note that the Committee agreed  to note the communication and resolve to be guided by its terms. A copy of the communication was circulated to members. The Committee also took note of a communication from Rev K. MacDonald, Snizort, in this connection, and this was also circulated to members. After various discussions it was moved, seconded and agreed that the local representatives  currently engaged in talks in Skye be advised to focus any investigatory discussion with their counterparts in the Residual Body of the Free Church of Scotland on seeking to establish principles which would in due course form the basis of a Church wide settlement; that they seek to establish the following:

that both parties clearly state their position relative to the dispute in the Free Church of Scotland;

that they seek to establish a principle of reciprocity whereby our constitutional rights are safeguarded.

These local discussions would not be with a view to a local settlement initially, but should act as a springboard towards an equitable Church-wide settlement.

It was further moved, seconded and agreed that Rev John Macleod (Duthil Dores, retired) would liaise with the local representatives in Skye at any future meeting they might have, in accordance with the Assembly remit.