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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 29 December 2025
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Displaying 1458 contributions

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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?

Social Justice and Social Security Committee

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

Meeting date: 16 March 2023

Jeremy Balfour

For clarity, do you think that those issues have been addressed in the bill?

Social Justice and Social Security Committee

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

Meeting date: 16 March 2023

Jeremy Balfour

If, for example, a charity has one remaining trustee and OSCR decides to bring in another couple of interim trustees to keep the charity going but that present trustee does not want those people to be appointed, there is no appeal mechanism for that. Are we saying that OSCR can supersede a present trustee鈥檚 role and appoint interim trustees whenever that is necessary? What does the charity do if it does not like the trustees who have been appointed?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Jeremy Balfour

Good morning, and thank you for coming. My first question is for Alan Eccles. Concerns have been raised in the written evidence about the data protection implications of the bill. In the Law Society鈥檚 view, have those been adequately addressed in the data protection impact assessment and the legislative proposals, or does the issue need to be looked at further?