Charities (Regulation and Administration) (Scotland) Bill: equalities impact assessment

4. Stage 2: Data and evidence gathering, involvement and consultation

Include here the results of your evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys, or consultations with relevant equality groups.

Characteristic^[26]: Age

Evidence gathered and Strength/quality of evidence

National statistical data on internet use based on an individual’s age – good general indicator of ability to use or comfort accessing an online service, such as submitting accounts or completing trustee details for an online register, based on an individual’s age.

Source

Scottish Household Survey 2019-None

Data gaps identified and action taken

Alternative options are available for those unable or uncomfortable accessing online services on their own and the policy otherwise addresses the limited impact based on age.

Characteristic: Disability

Evidence gathered and Strength/quality of evidence

National statistical data on disability and adult literacy – good strength of evidence however some of the research is now several years old.

Source

Scottish Household Survey 2019

Data gaps identified and action taken

Scottish Survey of Adult Literacies 2009-OSCR’s online platform has been designed using the UKG Web Content Accessibility Guidelines and provides support to those with literacy difficulties such as dyslexia that go above those required by legislation.

Characteristic: Sex

Evidence gathered and Strength/quality of evidence

Statistical data from national sources, the Scottish Council of Voluntary Organisations (SCVO) and research referenced in reliably sourced articles. Strong data indicating the number of women in trustee and senior management roles across the sector.

Source

SCVO state of the Sector report 2020

Female Leadership in Charities and the Third Sector, Brett Nicholls Associates

Third Sector’s 2017 Diversity Survey results as referenced in: Gender Equality In The Charity Sector. Is There Strength in Numbers? (charityjob.co.uk)

Data gaps identified and action taken

None – individuals will be able to apply for dispensation of their details being included on the external Register if this is likely to jeopardise the safety or security of any person or premises.

Characteristic: Pregnancy And Maternity

Evidence gathered and Strength/quality of evidence

We are not aware of any relevant existing evidence at this time on pregnancy and maternity in relation to the legislation.

Data gaps identified and action taken

N/A-No evidence gaps were identified as the policy will not capture information on this characteristic directly nor is expected to capture it indirectly.

Characteristic: Gender Reassignment

Evidence gathered and Strength/quality of evidence

We are not aware of any relevant existing evidence at this time on gender reassignment in relation to the policy.

Individuals are able to update their name on the trustee database and the Register should their details change.

Characteristic: Sexual Orientation

Evidence gathered and Strength/quality of evidence

National statistical data and external survey source from Galop study of LGBT+ hate crime – Good and reliable evidence.

Source

Galop Hate Crime Report 2021

Sexual orientation in Scotland 2017: Summary of Evidence Base

Data gaps identified and action taken

None – individuals will be able to apply for dispensation of their details being included on the external Register if this is likely to jeopardise the safety or security of any person or premises.

Characteristic: Race

Evidence gathered and Strength/quality of evidence

National statistical data on composition and characteristics of households in Scotland– good strength of evidence.

Source

Scottish Household Survey 2019

Data gaps identified and action taken

None – individuals will be able to apply for dispensation of their details being included on the external Register if this is likely to jeopardise the safety or security of any person or premises.

Characteristic: Religion Or Belief

Evidence gathered and Strength/quality of evidence

National statistical data on composition and characteristics of households in Scotland and evidence of charitable purpose provided by the OSCR Charity Register– good strength of evidence.

Source

Scottish Household Survey 2019

OSCR Charity Register

Data gaps identified and action taken

None – individuals will be able to apply for dispensation of their details being included on the external Register if this is likely to jeopardise the safety or security of any person or premises.

Do you think that the policy impacts on people because of their age?

The overall aim of the Bill is to strengthen and update the current legislative framework for charities registered in Scotland. The Bill is broadly focused on increasing transparency and accountability to maintain public trust and confidence in charities and improving OSCR’s powers to deal with misconduct, bridging some of the gaps between Scots charity law and charity law in the rest of the UK. There is no direct impact on individuals that has been identified in this assessment that would impact on an individual as result of their age.

Do you think that the policy impacts disabled people?

No direct impacts on the protected characteristic of disability have been identified in this assessment.

Do you think that the policy impacts on men and women in different ways?

No direct impacts on the protected characteristic of sex have been identified in this assessment.

Any secondary impact that could result from an individual facing discrimination, or those who wish to remain anonymous for their safety, for example, through possible identification of domestic abuse survivors can be mitigated by the ability to apply for a dispensation from their data being published on the Register.

Do you think that the policy impacts on women because of pregnancy and maternity?

No direct impacts on the protected characteristic of pregnancy or maternity have been identified in this assessment.

Do you think your policy impacts on people proposing to undergo, undergoing, or who have undergone a process for the purpose of reassigning their sex? (NB: the Equality Act 2010 uses the term ‘transsexual people’ but ‘trans people’ is more commonly used)

No direct impacts on the protected characteristic of gender reassignment have been identified in this assessment.

Do you think that the policy impacts on people because of their sexual orientation?

No direct impacts on the protected characteristic of sexual orientation have been identified in this assessment.

Do you think the policy impacts on people on the grounds of their race?

No direct impacts on the protected characteristic of race have been identified in this assessment.

Do you think the policy impacts on people because of their religion or belief?

No direct impacts on the protected characteristic of religion or belief have been identified in this assessment.

Any secondary impact that could result from an individual facing discrimination through their religion or belief being inferred from the data held on the register are mitigated, in some part, by data protection legislation and the option to apply for a dispensation under particular circumstances. Provision to withhold principal address details and charity trustee/contact details where the inclusion of that information is "likely to jeopardise the safety or security of any person or premises" is already contained in section 3(4) of the Charities and Trustee Investment (Scotland) Act 2005^[27] and would continue to remain in effect.

Do you think the policy impacts on people because of their marriage or civil partnership?

The overall aim of the Bill is to strengthen and update the current legislative framework for charities registered in Scotland. The Bill is broadly focused on increasing transparency and accountability to maintain public trust and confidence in charities and improving OSCR’s powers to deal with misconduct, bridging some of the gaps between Scots charity law and charity law in the rest of the UK.