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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 5 May 2021
  6. Current session: 12 May 2021 to 15 November 2024
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Displaying 1054 contributions

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Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Jeremy Balfour

That is a fair point.

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Jeremy Balfour

When OSCR was set up, one of the first things that it was supposed to do was review every Scottish charity to see whether it was fit for purpose. That has taken a long time, mainly due to a lack of resources, and I am not absolutely sure how well it has been achieved.

How confident are you that it is possible to implement what the bill asks with the resources that OSCR has? Are we in danger of setting the organisation up to fail?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Jeremy Balfour

We have two lawyers and a lecturer in the room. Are you happy with the definition of a “connection with Scotland”? Should it be tighter or will it help us to move forward?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Jeremy Balfour

John Picton, from the point of view of good practice, should we ask OSCR to do more investigation, or is the balance about right in what we have at the moment?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Jeremy Balfour

I have a final question for you.

When OSCR was set up, the first appeal was to a separate tribunal. Appeals now go to the First-tier Tribunal for Scotland. This question might arise from ignorance on my part, but have we ever legally disbanded the tribunals that were set up under the 1995 act? For clarity and for the sake of tidying up, would the bill be an appropriate place to do that?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Jeremy Balfour

Thank you. Allan Eccles, do you have an answer?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Jeremy Balfour

I ask the question because there is the issue of whether the buck is being passed to the courts. Ultimately, will the matter have to be decided when someone takes their case to a hearing? Under the primary legislation, are we passing the buck to the judiciary, or is that being unfair on us?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Jeremy Balfour

Good morning, panel. Obviously, you have heard these questions before, as they are the same ones that I asked the first panel. My first one is on data protection implications. Does Keith Macpherson have any comments on the data protection stuff?

Social Justice and Social Security Committee

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

Meeting date: 9 March 2023

Jeremy Balfour

If you could both write to the committee after the meeting, that would be helpful.

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’s 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?