Committee
Communities Committee, 04 May 2005
04 May 2005 · S2 · Communities Committee
Item of business
Charities and Trustee Investment (Scotland) Bill: Stage 2
This is an important area and one that the committee should explore with the minister. I lodged my amendment 78 with a view to ensuring that the matter is properly discussed. Two of my colleagues also lodged amendments on the matter, so it will be discussed thoroughly.There are two issues: expenses and compensation. What I—and, I think, my colleagues—seek to achieve is the proverbial level playing field, so that financial considerations do not prevent small charities from arguing their case as well as they can if there is an argument between them and OSCR. The process should be simplified and if a charity has a good case, it should not expect to come out badly in financial terms.As Christine Grahame said, OSCR's well-intentioned efforts, if based on faulty information, can do great harm to charities. Charities are rather like unfortunate ladies in the Victorian era; if ladies ever lost their good name, they were in big trouble, and charities are the same. If people get the impression that there is something dubious about a charity, great harm is done, however wrong that impression might be. We want to ensure that OSCR does not enter into disputes or take action against charities unless it is sure of its grounds.My amendment has two aims: to ensure that neither the charity nor OSCR acts unreasonably; and to ensure that the financial considerations of arguing the case are set aside. However, there is substance in the point that Christine Grahame and others have made, which is that the process that I suggest is too laborious. I do not intend to press my amendment, but it is important for the minister to tell us the Executive's views on the matter. I ask her to tell us the Executive's aim and to confirm whether there will be further discussion to make the arrangements between OSCR and charities of various sizes as clear and fair as possible.
In the same item of business
The Convener (Karen Whitefield):
Lab
I open the Communities Committee's 14th meeting of 2005. I remind all who are present that mobile phones should be turned off.The first and only agenda item ...
Section 70—Decisions
Amendments 107 and 108 not moved.
Section 70 agreed to.
Section 71—Notice of decisions
The Convener:
Lab
Amendment 42, in the name of the minister, is grouped with amendments 43 to 45.
The Deputy Minister for Communities (Johann Lamont):
Lab
The amendments relate to the notification of decisions and the appeals process for decisions that are made by a person to whom the Office of the Scottish Cha...
Amendment 42 agreed to.
Amendment 43 moved—Johann Lamont—and agreed to.
Section 71, as amended, agreed to.
Sections 72 to 74 agreed to.
Schedule 2 agreed to.
Section 75—Appeals to Scottish Charity Appeals Panel
The Convener:
Lab
Amendment 160, in the name of Christine Grahame, is grouped with amendments 78, 109 and 110. I point out that if amendment 160 is agreed to, amendments 78 an...
Christine Grahame (South of Scotland) (SNP):
SNP
Amendment 160 seeks to delete section 75(6), which states:"The Panel may not award expenses to OSCR or to any person who appeals a decision."In law, it is us...
Donald Gorrie (Central Scotland) (LD):
LD
This is an important area and one that the committee should explore with the minister. I lodged my amendment 78 with a view to ensuring that the matter is pr...
Cathie Craigie (Cumbernauld and Kilsyth) (Lab):
Lab
Amendments 109 and 110, in my name, have the support of the Scottish Council for Voluntary Organisations. Donald Gorrie highlighted the fact that we have bee...
Mr John Home Robertson (East Lothian) (Lab):
Lab
I am grateful to colleagues for raising a rather interesting issue. It is not altogether surprising that a lawyer should be enthusiastic about the prospect o...
Christine Grahame:
SNP
Perhaps some day, but I have not been in practice for six years.
Mr Home Robertson:
Lab
Sorry. That was an unworthy thought.Section 75(6) currently states:"The Panel may not award expenses to OSCR or to any person who appeals a decision."By dele...
Johann Lamont:
Lab
Members are right that the issue that the committee and others have flagged up is important. I am not quite sure that we have reached a conclusion yet, but t...
Christine Grahame:
SNP
I hear what the minister says, but I hope that she will tease out the issues of compensation and expenses, which are completely distinct issues. Industrial t...
Amendment 160, by agreement, withdrawn.
Amendments 78, 109 and 110 not moved.
The Convener:
Lab
We must now agree to section 75, but before we deal with that, I will allow Mrs Scanlon to comment as she has indicated a desire to speak.
Mary Scanlon (Highlands and Islands) (Con):
Con
I am happy to agree to section 75, and we will discuss it further at stage 3, but can the minister and her advisers give the committee some idea of the costs...
The Convener:
Lab
That will obviously be a matter for stage 3. We will have to wait and see whether such amendments are lodged and the outcome of the minister's deliberations.
Section 75 agreed to.
Section 76 agreed to.
Section 77—Appeals to Court of Session