Chamber and committees

Scottish charity law says that an organisation set up to be a political party or to advance a political party cannot be a charity. However, under the law charities are permitted to campaign on political issues provided that:

• It is advancing their charitable purposes
• Their governing document does not prevent the activity
• They are not advancing a political party
• They can show this is acting in the charity’s interests

The Office of the Scottish Charity Regulator’s position is that political campaigning – such as advocating for or against changes in government policy or legislation – is a legitimate way for some charities to pursue their aims.

The Scottish Government agrees with the Regulator’s position; charities play a vital role in civil society, and it is right that they have the ability to advocate for change that aligns with their charitable purposes.

It is the statutory role of the Equality and Human Rights Commission (EHRC) to monitor and enforce compliance with the Equality Act 2010. The EHRC have launched a public consultation seeking views on updates to their statutory Code of Practice for services, public functions and associations, which will run to 30 June 2025.

It would not be appropriate for the Scottish Government to issue specific guidance in advance of the EHRC’s publication given that they are the regulator and enforcer of the Equality Act 2010. Doing so increases the risk of inconsistency with the updated Code of Practice that is being prepared by the EHRC. The Scottish Government has informed the EHRC of our approach.

Public bodies should satisfy themselves that they are compliant with the law and that they are reviewing all necessary guidance and policies to prepare themselves for the EHRC’s updated Code of Practice.

The Criminal Injuries Compensation Scheme outlines the basis on which victims of violent crime will be compensated. For those who are direct victims of violent crime the scheme is open to police officers as it is to everyone. The scheme also compensates those injured indirectly through for example apprehending an offender where the Criminal Injuries Compensation Authority are satisfied that the person was taking an exceptional and justified risk. The CICA considers each case on its own facts and will assess the case based on the information available. Some applications will by necessity take longer to decide.

The Scottish Government regularly meet with the CICA and performance is discussed. The majority of applications are decided by the Criminal Injuries Compensation Authority within 12 months.

Social Security Scotland does not publish statistics on the number of non-UK nationals in receipt of payments.

Social Security Scotland only captures the nationality of clients where we require that information to progress an application. It will not capture this information when clients are eligible for a benefit because they are in receipt of a qualifying benefit.

Social Security Scotland will continue to review and prioritise any new statistics produced and will take account of users’ needs when developing future publications, in line with Code of Practice for Statistics.

There are many ways in which the Scottish Government consults citizens and organisations. For example, through written consultations, which are open to anyone who is interested in contributing their views, public and stakeholder meetings, focus groups, and questionnaires. In addition, the Scottish Government engages regularly with a wide range of stakeholders, including organisations working to promote gender equality and women's rights.

We will shortly begin engaging with stakeholders and women with diverse lived experience on the development of a strategy to tackle gender inequality and realise the rights of women and girls and we will take steps to ensure that we hear the perspectives of a range of organisations that work with women and girls and advocate for their rights.

It is not for the Scottish Government to issue immediate instructions or temporary guidance to public bodies or services, and we are not responsible for monitoring or enforcing compliance with the Equality Act 2010. That is the statutory role of the Equality and Human Rights Commission (EHRC). Each public body should consider the impacts of the Supreme Court ruling and prepare for the updated Code of Practice from the EHRC.

As an independent non-departmental body, the Care Inspectorate operates at arm’s length from Government and issues its own guidance independently from the Scottish Government to maintain its role as an impartial and objective regulator.

The Scottish Government provides funding to a range of organisations through several different funding streams. Each fund has its own set of monitoring and reporting requirements to assess that the recipient is meeting the criteria of the fund. We expect all organisations in receipt of Scottish Government funding to comply with the law.

As the Care Inspectorate is an independent non-departmental body, it operates at arm’s length from Government. The Care Inspectorate issues its own guidance independently from the Scottish Government to maintain its role as an impartial and objective regulator.

All public bodies must comply with the law. It is not for the Scottish Government to direct public bodies in matters relating to compliance with reserved matters in the Equality Act 2010, for which the EHRC is the regulator and enforcer.

Public bodies and service providers with questions regarding how the law may affect them in their circumstances should contact the EHRC as it is the body responsible for regulating and enforcing the Equality Act 2010.