Chamber and committees

I want to pick up on the issue of more rural areas. On our visit to the Western Isles, we were told that only one childminder covered the whole island. In seeking this expansion, how do we ensure that we do not leave those who live in rural island communities behind? Can you point the committee towards any good models in that respect?

I have a couple of quick questions, following on from Chris Sheldon’s comment on the two bills. I have the privilege of sitting on the Social Justice and Social Security Committee, which is looking at the Charities (Regulation and Administration) (Scotland) Bill. You have mentioned one area, but is there anything else that you think needs to be clarified between the two bills at this stage?

In what way do you see that happening? If you go to the Court of Session, what way do you see of allowing that without giving the trustees too much power?

That is helpful. Thank you.

I welcome the witnesses to the meeting. For the avoidance of doubt, I declare that I am a member of the Church of Scotland, but I have no financial interests in that regard.

The bill includes new powers for sheriff courts, but the predominant power remains with the Court of Session. What are the pros and cons of that approach? In a previous evidence session, it was suggested that trustees should be able to decide whether their case goes to the sheriff court or the Court of Session, instead of that being prescribed. Does anyone have a view on that?

Chris Sheldon, just to absolutely nail that, is it your view that the bill should not contain a definition but should simply refer back to the one in the Adults with Incapacity (Scotland) Act 2000 so that, if that definition changes at any point, we would not have to reopen the bill before us, as enacted?

That is helpful.

In the previous couple of evidence sessions, we have had evidence regarding resolving disputes through mediation or arbitration, which Mike Blair touched on. As he said, that can happen only if everyone is willing to take part. In principle, should such provision be in the bill, or should mediation simply be encouraged in guidance?

Joan, I am interested in what you said in your opening statement about some trusts not being covered in this bill. You mentioned some of the gardens around Edinburgh. Can you tell me a bit more about why you think that they are not included?

I was just following up on what had been said. Should the bill formally state that mediation or arbitration should take place before any court action is considered, or should that be covered in the guidance that is given on good practice?

I wonder, as we have got a few lawyers around this table, whether they want to comment on that. Is that a concern that the committee should have?