Official Report 651KB pdf
Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) Regulations 2020 (SSI 2020/284)
Item 2 is consideration of the draft Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) Regulations 2020. The committee will take evidence on the instrument. I welcome from the Scottish Government Aileen Campbell, Cabinet Secretary for Communities and Local Government; Jamie MacQueen, lawyer; and Caroline Monk, senior policy officer.
The instrument has been laid under the affirmative procedure, which means that the Parliament must approve it before the provisions can come into force. Following the evidence session, the committee will be invited, under the next agenda item, to consider the motion to approve the instrument. I remind everyone that the Scottish Government officials may speak under the current agenda item but not in the debate that follows. I invite the cabinet secretary to make a short opening statement.
Good morning to the committee. It is good to be with you in order to move this Scottish statutory instrument. The regulations will allow Scottish charitable incorporated organisations—SCIOs—to continue to hold remote meetings of their members even if their constitution would not normally allow that.
SCIOs make up 19 per cent of the 25,000 charities that are registered in Scotland. Because of the current Covid-19 restrictions, holding members meetings in person will not be possible. By law, SCIOs have to hold certain members meetings, and the regulations extend to 30 December 2020 the time period in which they may do so by remote means.
I recognise how important it is that charities are able to continue the vital work that they do throughout their communities. The regulations are technical and they contribute to the overall package of support that the Scottish Government is providing to charities at this time.
I look forward to taking any questions from the committee.
Thank you. We move to questions. I would be grateful if members would notify me, via the available digital channels, of any questions by typing “R” for request. I will call by name and in turn anyone who wants to ask a question. Please allow a second for the microphone to be operated.
Why is the extension to 30 December 2020 and not to the end of the next emergency period, which would be 31 March 2021?
That keeps it in line with the rest of the United Kingdom. It keeps it consistent, and it is part of the three-month extension arrangements. If a further extension is needed, we will look at that. In the intervening time, we will continue to engage with the Office of the Scottish Charity Regulator and other relevant bodies to offer support as best we can.
To be clear, if the circumstances that have necessitated the SSI are still there in December, going into 2021, will you will bring forward a further SSI?
If that is required. We will continue to use the period, though, to engage with OSCR and others and, if we require to extend the period further, we can look at that. The act allows the Scottish ministers to extend the relevant period by three months at a time, with the final backstop being 5 April 2021, so, as I said in the previous response, we will continue discussions with stakeholders to make sure that we can work out what is necessary.
As there are no further questions—
Convener, it has been brought to my attention that it needs to be clarified for the Official Report that this is a made affirmative instrument rather than a draft affirmative, so it will come into force on 30 September regardless of approval by the Parliament. I can bring in Jamie MacQueen on that point if that is helpful.
Thank you very much for that. Sarah Boyack wants to come in.
What has the experience been in the past six months that the legislation has been in place?
I understand that it has been testing for many organisations, and for charities in particular, and that there has been lots of use of different technologies. OSCR and others stand ready to support that work. Many charities have been creative and have used a combination of different methods to have meetings that suit their membership and some charities that are holding meetings have seen a bigger uptake in member participation than in previous years. That is anecdotal evidence from OSCR about what has been happening over the past wee while, and we will continue to work with OSCR to ensure that the right support is in place should charities feel that they require it. It seems like it has been okay and that charities have been coping, which is probably a symbol of the agility and nimbleness of the sector more generally; it shows that they are able to be resilient in the face of challenges.
Item 3 is formal consideration of motion S5M-22819, which calls on the committee to recommend approval of the draft regulations that we have just taken evidence on. I invite the cabinet secretary to move the motion and make any further comment that she wishes to make.
Again, I want to make it clear to the committee that it is a made affirmative instrument not a draft affirmative.
I move,
That the Local Government and Communities Committee recommends that the Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) Regulations 2020 [draft] be approved.
Motion agreed to.
The committee will report on the instrument in due course. I invite the committee to delegate authority to me as convener to approve a draft of the report for publication.
Members indicated agreement.
I thank the cabinet secretary and her officials for taking part in the meeting. I now suspend briefly to allow a witness changeover.
10:08 Meeting suspended.