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SNP MSP Anne McLaughlin has criticised proposals in the Calman report to unify charity regulations across Scotland and the rest of the UK.
The plans have been heavily criticised by the SCVO, Scotland's largest umbrella body for voluntary organisations.
Labour, the Lib Dems and Conservatives have given backing to the Calman report - despite this damaging recommendation.
Anne McLaughlin MSP commented: "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.
"It is deeply worrying that Calman has suggested changing Scottish charity legislation and regulation. It is essential that with a separate legal system, charities in Scotland are regulated in Scotland. This recommendation exposes key flaws in the Calman report.
"There was no enthusiasm for changing the system of charity regulation in the evidence to Calman - instead there were several calls for lottery funding, a vital part of Scotland's charitable sector to be devolved - a plea Calman has 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. In Scotland we have taken a tougher stance on public benefit required of charities reflecting the will of the Scottish people who want to see their charities more accountable and robust.
"Unfortunately, these proposals, much like the Calman Commission itself, are deeply flawed. The Commission's suggestions just cast further doubt on its legitimacy as a genuine body for reform, and highlights how out of touch with the people it really is."
Note:
1.Writing in Third Force News, Steven Maxwell (Associate Director SCVO) comments: "it's 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 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."
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