成人快手

Skip to main content
Loading…

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.  

Filter your results Hide all filters

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 5 May 2021
  6. Current session: 12 May 2021 to 17 August 2025
Select which types of business to include


Select level of detail in results

Displaying 1311 contributions

|

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 2

Meeting date: 21 March 2023

Jeremy Balfour

It was just over 30 years ago that I sweated blood and tears when trying to do company law. I am pleased to say that I have never practised it in my life.

However, I have had another look at the amendments in this group and had conversations about them, and I slightly disagree with the minister鈥檚 position. My view is that we need more clarity around the area of insolvency. It is, as the Law Commission has said, and as the minister has said this morning, very technical, and we should bring more clarity to very technical areas by including the amendments in the bill and enacting them. If the amendments do not achieve what I think that they will achieve, there is room to make changes at a later stage, as the minister has said. However, I think that the amendments would clarify the situation, and it is my intention to press amendment 58.

09:45  

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 2

Meeting date: 21 March 2023

Jeremy Balfour

I appreciate what the minister says, but if everything is fine, the review can be a very quick process. There is concern that we do not know how this will work in practice. I would have thought that having a more formal process of carrying out a review would give stakeholders the opportunity to have input into the process. If there is not, how do stakeholders go about having that input into how it works in practice?

Social Justice and Social Security Committee

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

Meeting date: 16 March 2023

Jeremy Balfour

You touched on this issue in one of your earlier answers to Pam Duncan-Glancy. The provisions in the bill that relate to charity mergers are restricted to legacies but, in England, the equivalent provisions relate to both legacies and gifts. Why have we not gone down that road, in order to allow both legacies and gifts to be included with regard to a merger?

Social Justice and Social Security Committee

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

Meeting date: 16 March 2023

Jeremy Balfour

I suppose that that would just make things clearer. It is not a negative thing; it seems to be positive. We might be able to look at it later.

My other couple of questions will be quick, as I am conscious of time. From all the evidence that we have taken, the requirement for charities to demonstrate a connection to Scotland seems to have received pretty welcoming support. Why does the bill not have an absolutely clear definition of what that means? Instead, it leaves it open to some interpretation. Is it too difficult to define legally? What was the reasoning behind that?

Social Justice and Social Security Committee

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

Meeting date: 16 March 2023

Jeremy Balfour

Thank you. That is helpful.

Social Justice and Social Security Committee

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

Meeting date: 16 March 2023

Jeremy Balfour

You will be aware that the Information Commissioner has raised some questions about data protection issues. Have those been addressed sufficiently in the bill or in related evidence, or does the bill need some tweaking?

Social Justice and Social Security Committee

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

Meeting date: 16 March 2023

Jeremy Balfour

A system whereby people could appeal to a tribunal was included in the 2005 act. That has now changed. My question arises from my own ignorance: does that tribunal still exist in law, and, if so, should we not remove it from the legislation?

Social Justice and Social Security Committee

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

Meeting date: 16 March 2023

Jeremy Balfour

Who would be liable if there was a breach: OSCR or the Scottish Government ?

Social Justice and Social Security Committee

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

Meeting date: 16 March 2023

Jeremy Balfour

Thank you, cabinet secretary. That is helpful.

Obviously, I hope that this situation will not happen very often but, as we have heard from evidence in previous sessions, at the moment, there is a lack of people who are willing to volunteer to be trustees. It might be an issue for OSCR more than for you, but do you see OSCR as having a bank of people who are ready to step in if required? If not, how do you expect OSCR to find those people at fairly short notice?

Social Justice and Social Security Committee

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

Meeting date: 16 March 2023

Jeremy Balfour

I will move to the issue of interim trustees, which is something that OSCR can now deal with. If OSCR appoints an interim trustee, will that person be remunerated, or is it a voluntary role? If there are costs connected to that, is OSCR liable for those, or is that the charity鈥檚 liability?