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Seòmar agus comataidhean

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 15 September 2025
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Displaying 772 contributions

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Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Emma Roddick

My next question is for John Maton. Is the Charity Commission for England and Wales able to offer insight into how the disqualification criteria process works in England and Wales and how it aligns with the process in Scotland? How does your register of disqualified individuals operate?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Emma Roddick

I would like to put to Nick Holroyd an issue that we discussed earlier with Martin Tyson. Is it appropriate for OSCR to maintain a publicly searchable record of trustees who have been disqualified? Does that present any issues around the handling of sensitive personal data?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Emma Roddick

My first question is for Keith Macpherson. Most of the discussion around whether it is important or sensible to have the same disqualification criteria across the UK is focused on the comparison with England and Wales, but I was interested in the fact that you mentioned Northern Ireland in your submission. Why do you think that it is important to have consistent disqualification criteria in different jurisdictions? Are there particular interactions with Northern Ireland that the committee should consider?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Emma Roddick

You have pre-empted my next question, because I was going to pick up on the question of a declaration. Will you expand on why, in your view, it would be helpful to have such a declaration in addition to the register? Would that force charities to declare that someone had never been disqualified, even if they did not currently appear on the register?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Emma Roddick

That brings me nicely on to another question that I wanted to ask—

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Emma Roddick

In last week’s session, we heard concerns that the disqualification criteria might disproportionately impact certain demographics and, in particular, charities that work in sectors in which lived experience is valued, and that the application of the disqualification criteria might become a barrier. Does anybody in the room share those concerns?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Emma Roddick

That makes a lot of sense. Martin Tyson said something along similar lines about there perhaps being scope for exceptions where it makes sense, but would that present challenges with charities being able to make a declaration in the accounts as you suggested? Would it not cause problems if there was wiggle room?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Emma Roddick

Do you agree with the proposal to extend the disqualification criteria to senior management positions, and do you anticipate that having any implications for recruitment?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Emma Roddick

I will move on to Alan Eccles. I have read your submission, but what are your thoughts on the comments that have been made by previous witnesses that measures for disqualification are too punitive and restrictive on those wishing to act as trustees?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Emma Roddick

Are there any concerns that the disqualification criteria might disproportionately impact certain demographics and not others? I am thinking, in particular, of charities that work among particular demographics, which might be looking for people with lived experience.