Committee
Communities Committee, 04 May 2005
04 May 2005 · S2 · Communities Committee
Item of business
Charities and Trustee Investment (Scotland) Bill: Stage 2
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 tribunals operate in similar circumstances and do not generally award expenses to people other than in special circumstances.The issue is that there should be discretion. The basic rule might be that, because of the kind of investigation that OSCR conducts and how it deals with such investigations, through paperwork and so on, expenses will not generally be paid. However, there should always be discretion in the appeals procedure for expenses to be awarded in certain circumstances if that is shown to be appropriate. As I say, the position at other tribunals is that there is that flexibility. Such flexibility even exists in the civil courts. In general, success gives one expenses, but that is not always the case—it depends on the circumstances that arise. I would like to see flexibility that would operate for OSCR and for the appellant.In the light of the minister's comments and the fact that stage 3 is ahead and we will want to return to the matter, I seek to withdraw my amendment at this stage.
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