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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 11 September 2025
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Displaying 2021 contributions

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Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Pam Duncan-Glancy

Where would the administrative burden of proof fall?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Pam Duncan-Glancy

A couple of questions have come up from the answers that we have been given. John Maton made a point about discretionary versus automatic disqualification. Will you explain that a bit and say what we would need to do here to apply discretionary disqualification instead of automatic disqualification?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Pam Duncan-Glancy

We heard some evidence about that from the sector last week. I think that those who gave that evidence would concur with that.

Does Keith Macpherson have anything to add?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Pam Duncan-Glancy

Do you think that a further review is needed? If so, what should it include? I see that John Picton is nodding. We will note that.

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Pam Duncan-Glancy

Thank you. I think that there will be further questions from my colleagues on that particular point.

To stick with the theme of the review and what is in the bill, I think that John Picton said in his written submission that, in order to bring the bill in line with UK regulation, there would need to be a bit more on that. Does he feel that that came out in the consultation? Given his comment about bringing the bill into line with other parts of the UK, are there areas that should be part of the proposal or part of a broader review?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Pam Duncan-Glancy

Thank you. That is much appreciated.

Gavin McEwan, this is my final question on the theme. Your written submission says that the law could go further. Notwithstanding your comment about reorganisation, which we have noted, have any other issues come out through the consultation that should be part of what is now proposed, as opposed to being part of a review in the future?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Pam Duncan-Glancy

Thank you.

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Pam Duncan-Glancy

Good morning, panel, and thank you for engaging with the committee on the bill so far. I have a couple of questions about the consultation that led to the review of the proposals that are before us. I will start with Martin Tyson, if that is all right.

What is your view of the consultation to date? I refer to the one that was done in 2019 and then repeated. Are there any areas of regulation that have not been covered as part of the review and the bill?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Pam Duncan-Glancy

Is there anything in particular that you can share with the committee about your experience as a regulator and about charities’ experience in England and Wales of changes such as automatic disqualification? I know that members will come to questions on that issue later, but is there anything that we could learn from the process and how you supported charities to meet new obligations?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Pam Duncan-Glancy

I have a final question on that point for Martin Tyson. Volunteer Scotland has said:

“we will not know the true impact of this legislation on charities, and their trustees, until it is clear how OSCR intend to communicate and implement the new measures. This is not clarified within the detail of the Bill.”

The SCVO said that the administration and comms budget could be significant, and we heard from John Maton about reprioritisation in his organisation. How is OSCR preparing for the legislation? What are your plans to communicate with the third sector on that? Will you be able to do it within existing budgets?