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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 December 2025
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Displaying 2379 contributions

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Social Justice and Social Security Committee

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

Meeting date: 2 March 2023

Pam Duncan-Glancy

On the point about an independent review, you mentioned earlier that the proposals before us are based on OSCR’s perceptions. Are the proposals skewed in that direction?

Social Justice and Social Security Committee

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

Meeting date: 2 March 2023

Pam Duncan-Glancy

Sarah Latto, I think that you said that there are aspects missing from the bill.

Social Justice and Social Security Committee

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

Meeting date: 2 March 2023

Pam Duncan-Glancy

Good morning, and thanks for the evidence that you submitted in advance and for answering our questions today. My question is similar to what witnesses who were in the room earlier would have heard me ask. I am keen to understand a bit about the consultation process that led to the bill that is in front of us and how you would characterise your involvement in that. I will start with Rami Okasha, if that is okay.

Social Justice and Social Security Committee

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

Meeting date: 2 March 2023

Pam Duncan-Glancy

Thank you.

Social Justice and Social Security Committee

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

Meeting date: 2 March 2023

Pam Duncan-Glancy

Good morning, panel. Thank you for the evidence that you have given us in advance and for coming here this morning.

I want to explore a little bit the question of how we have got to this point and the review that, as has been indicated, has been part of the bill’s development. The Scottish Government has said that, although it is bringing forward this piece of legislation now, it will carry out a broader review in the future. Have you been involved in the development of the proposals in the current legislation? How would you characterise that involvement?

That question is for Jason Henderson, first of all.

Social Justice and Social Security Committee

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

Meeting date: 2 March 2023

Pam Duncan-Glancy

I appreciate that. Thank you. Is there anyone online who wants to come in?

Social Justice and Social Security Committee

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

Meeting date: 2 March 2023

Pam Duncan-Glancy

Do any of the other witnesses want to come in on that?

Social Justice and Social Security Committee

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

Meeting date: 2 March 2023

Pam Duncan-Glancy

I appreciate that; that makes sense.

I will now go to Shona NicIllinein.

Social Justice and Social Security Committee

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

Meeting date: 2 March 2023

Pam Duncan-Glancy

On the previous point, is there a mechanism somewhere in the middle that could be used so that, when people were disqualified, the world and their granny could not find the record of it but the burden on charities when they had to find such information would be reduced? Could there be a register that charities could contact OSCR about that, ultimately, could tell them whether a person appeared on it?

My second point relates to disqualification. I, too, was concerned about that, particularly given the impact that some charities can have on people who want to rebuild their life, part of which can be becoming a trustee. What would a compromise, waivered position look like? We probably accept that there need to be checks and balances in those areas. What would an easy waiver look like?

Education, Children and Young People Committee

Disabled Children and Young People (Transitions to Adulthood) (Scotland) Bill: Stage 1

Meeting date: 1 March 2023

Pam Duncan-Glancy

Yes, absolutely. I thank Stephen Kerr for that question.

The definition that we have chosen in the bill is the definition of a disabled person in the Equality Act 2010. The reason that we have chosen that definition is that I was content that that definition is broad. It includes people on the autistic spectrum and those with learning disabilities and with mental ill health, because it is about how an impairment impacts on their social interaction and the way that they interact with society. If a person’s impairment has a long-term impact on those things, they are considered to be a disabled person.

The Scottish Government’s guidance on definitions of people who can get support at transitions, which I think is provided through a service called Enquire, includes that definition of disabled people. To be honest, that shows a little bit of inconsistency, because, on the one hand, the current legislation talks about people with additional support needs, but, on the other hand, the Government is giving out information that uses the definition that is in the Equality Act 2010. I think that it is correct for the Government to do that, because it is about specifically addressing the needs of this group of people. The other groups of people who are included in the statistics for, and those who have, additional support needs are care leavers and young people who are gifted, which is why that definition is broader.

I am not suggesting for a second that those children do not have additional support needs—they do—or that they do not need support—they do. I am suggesting that there is a cohort of people who are deliberately categorised as having a protected characteristic in the Equality Act 2010, because it recognises the fundamental oppression and discrimination that they face, and the bill is for that group of people. People worry that that means that it does not include certain impairment categories. However, the Equality Act 2010 is drawn broadly for that specific purpose. If we look back at Hansard from the time when the act was being developed, there was a lot of discussion in Parliament about how you would define disabled people, which looked at shifting the narrative from a medical model focus to a social model focus. That is why I think the definition of a disabled person in the Equality Act 2010 is the right one for this piece of legislation.