CHARITY SECTOR THREATENED BY CALMAN PROPOSAL

Attn: NEWSDESKS
POLITICAL CORRESPONDENTS


MSP CALLS ON SCOTTISH SECRETARY TO DROP WESTMINSTER POWER GRAB


SNP MSP Anne McLaughlin has written to the Scottish Secretary calling on him to rule out the return of charity regulations to the Westminster parliament as proposed by the Calman Commission and to ensure responsibility for lottery funds is devolved.


The plans to return charity law to control by Westminster have already been heavily criticised by the Scottish Council of Voluntary Organisations (SCVO), Scotland’s largest umbrella body for voluntary organisations. Despite that opposition Labour, the LibDems and Tories have given backing to the Calman report including this recommendation. This is despite the LibDems saying they were opposed to any powers being returned to Westminster control.


Commenting Ms McLaughlin said:


“It is these ridiculous situations that show how much simpler Scotland’s legislative environment would be under independence. Why should any Parliament other than the Scottish Parliament be legislating over Scottish charity law.


“Having worked for nearly a decade in the charity sector, for both Sense Scotland and the Imperial Cancer Research Fund, I know how unique the Scottish Charity sector is and would echo the concerns of SCVO.


“It is essential that with a separate legal system, charities in Scotland are regulated in Scotland. The current system works. I am deeply worried that returning Scottish charity legislation and regulation to a London Tory-led government, a move supported by the Labour party will be nodded through as part of the Calman proposals.


“There is no evidence or enthusiasm from the voluntary sector for this proposal. Instead there were many calls for lottery funding, a vital part of Scotland’s charitable sector to be devolved – a plea that has been ignored..


“The opinions and views of the SCVO, who represent the majority of the 45,000 voluntary organisations in Scotland, must be taken into account. .


“The Scottish secretary is still working on this legislation which means there is time to drop the charity plans, and introduce legislation that will bring lottery funds to Scotland. As a Liberal Democrat he must also be aware that his party in Scotland said they were opposed to any powers being taken by Westminster.”


END


Note to Editors:


1. Ms McLaughlin’s letter is as follows:


Dear Michael


I noted this week you said that you would be piloting a Scotland Bill through the Commons over the next ten months which will implement the recommendations of the Calman Commission.


Considering that the Commission’s proposals include taking powers away from the Scottish Parliament I am writing to ask that you drop the proposal to take back the responsibility over charity regulations.


This is a move that has been heavily criticised by the Scottish Council of Voluntary Organisations (SCVO), Scotland’s largest umbrella body for voluntary organisations. The SCVO represent the majority of the 45,000 voluntary organisations in Scotland.


As Steven Maxwell (the then Associate Director SCVO) wrote in the Third Force News of 19th June 2009, “Only the Institute of Chartered Accountants Scotland and an independent academic raised the issue and then briefly. Yet they prevailed against the submissions of OSCR as regulator and of SCVO as the main representative body of Scottish charities to the effect that new cross border arrangements were bedding in well.”


It was also criticised by Lucy McTernan, Deputy Chief Executive of SCVO. I have noted their statements below and can provide you with Mr Maxwell’s article.


It is also of important note that your own party in Scotland said they would oppose “any UK government move to take powers from Holyrood.” It would therefore be perversely ironic if these powers were taken from Holyrood by a Scottish Liberal Democrat UK government minister.


This is therefore an unpopular proposal and I would ask that you drop returning control of charity legislation to Westminster control and also ensure responsibility for lottery funds is devolved to further help our voluntary sector.


Yours sincerely


Anne McLaughlin MSP


Notes:


1. Writing in Third Force News of 19th June 2009, Steven Maxwell (the then Associate Director SCVO) said;


“…its case for re-reserving charity law to Westminster is supported by a claim that “a number of organisations” raised the issue with the Commission. But the only UK wide charity which submitted written evidence made no reference to the issue. Only the Institute of Chartered Accountants Scotland and an independent academic raised the issue and then briefly. Yet they prevailed against the submissions of OSCR as regulator and of SCVO as the main representative body of Scottish charities to the effect that new cross border arrangements were bedding in well.”


2. Also in the same copy of Third Force News, Lucy McTernan, Deputy Chief Executive of SCVO said: “There are minor complications that arise from the different systems of registration of charities north and south of the border. There are more serious anomalies in the way the Inland Revenue views charities across the UK. Unfortunately what the Calman Commission is proposing is a muddle to fix this muddle, rather than making things clearer.


“What’s vital in this debate is that public have faith in the legal status of charities, and it reflects their understanding of what charities should be. Scotland has, quite rightly in my view, taken a stronger line on the public benefit required of charities. We would welcome greater co-operation and discussion of charity law between Westminster and Holyrood, but believe that the wishes of the Scottish people, as evidenced by the recent and widely supported Scottish Charity Act, must be respected.”


3. Speaking in February 2008 Scottish Liberal Democrat leader Nicol Stephen has said his party would oppose any UK Government move to take powers from Holyrood.

http://news.bbc.co.uk/1/hi/scotland/7271094.stm