S5M-16708 Hutchesons’ Hospital Transfer and Dissolution (Scotland) Bill: Final Stage

The Deputy Presiding Officer (Christine Grahame): The next item of business is a debate on motion S5M-16708, in the name of Kezia Dugdale, on the final stage of the Hutchesons’ Hospital Transfer and Dissolution (Scotland) Bill.

Before the debate begins, the Presiding Officer is required under the standing orders to decide whether, in his view, any provision of the bill relates to a protected subject matter—whether any provision will modify the electoral system and franchise for Scottish parliamentary elections. In this case, the Presiding Officer’s view is that no provision of the Hutchesons’ Hospital Transfer and Dissolution (Scotland) Bill relates to a protected subject matter. Therefore, the bill does not require a supermajority for it to be passed at the final stage.

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Stewart Stevenson (Banffshire and Buchan Coast) (SNP):

As we have heard, George Hutcheson’s deed of mortification of 1639 is the genesis of what we are engaging with today. The charity’s history is long and interesting. In her intervention, Elaine Smith was right to point out the educational aspect, but it is worth saying that nothing that we will do today appears to change the status of anything in that regard.

The charity provides grants, which it describes as pensions, to 20 to 30 people, so its size is comparatively modest. That means that having a complex and long parliamentary act for its oversight is no longer consistent with how we wish to do things. The promoter explained to the committee that the charity employs a part-time social worker, who visits the grantees.

The committee looked carefully at what was proposed. In particular, we looked at any impacts on those who receive support, and we accepted the promoter’s assurance that no one who currently receives benefits will lose out as a result of the proposed changes.

The promoter’s memorandum says:

“The charitable purposes of the SCIO”—

the new form that the charity will take—

“seek to respect the spirit and underlying intention of the Incorporation’s purposes, but in a manner that more satisfactorily and effectively allows the charitable funds held by the Incorporation to be applied in the 21st century.”

The SCIO that will take over has been established and is waiting to take responsibility. That is a modern form of organisation for charities that was provided for by the Charities and Trustee Investment (Scotland) Act 2005 and is regulated by the Office of the Scottish Charity Regulator. The structure will be more effective and will remove the need for parliamentary scrutiny of the charity’s activities.

In our evidence session, the committee heard that the charity will have greater flexibility in how it carries out its purposes—for example, in how it invests. As a SCIO, the charity will be able to invest in anything that furthers its purposes, provided that the trustees believe that that is right for the charity.

The committee thought that the proposed approach would make the whole operation much more future proof. Other members have referred to the complexity of multiple deeds of mortification and similar deeds, almost all of which are in old Scots—perhaps we should relearn the old Scots. The documents include a deed of ratification by Janet, Bessie and Helen Hutcheson; deeds of mortification by James Blair in 1713 and Daniel Baxter in 1776; and settlements by William Scott in 1818 and Mary Hood in 1817. There is a complex picture and history behind the charity.

Mr Donald Reid, whose firm has acted as chamberlains to the charity for some 200 years, explained that he had gone through all the tin boxes that they have and found nothing further that is relevant. It is worth saying that this opportunity that a lawyer has presented to the Parliament is unusual—at his request, we are going to reduce that lawyer’s income. I therefore commend the bill as something that the Parliament should absolutely support. In the event that something arises that is not in the tin boxes, the SCIO will be the body that will deal with it.

Like others, I thank my colleagues on the committee and, in particular, the non-Government bills unit, which has, as promised, smoothed the path and made it straightforward for the committee to deal with the bill. I hope that the vote at 5 o’clock reflects the Parliament’s belief that that is the case.

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