Criteria for entry to the Redress contributor list: FOI release

Information requested

1. The full details and criteria for entry to the Redress contributor list.

2. Details of any financial criteria or formula the minimum financial contribution would permit entry into the Redress contributors list.

3. Details of the definition or policy to determine whether a contribution offered by an organisation it is considered “fair” or “meaningful” to permit entry into the Redress contributor list

4. Details of the assessment and decision making process specifically relating to the admission of Murdock Children’s Trust to the Redress contributors list.

5. Details of the policy or procedure by which an organisation can be removed from the Redress contributor list.

Response

(1) The full details and criteria for entry to the Redress contributor list.

Full details and criteria for entry to the Redress contributor list can be found in Section 14 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021. This is also outlined in the information for organisations section of the Scottish Government website. For ease I have provided the relevant extract.

Section 14 Scheme contributors

1. The Scottish Ministers must establish and maintain a list of public authorities, voluntary organisations and other persons (other than individuals)-
          1. who exercise or have exercised functions in relation to the safeguarding or promotion of the welfare of children or the protection or furthering of their interests,
          2. who, in the opinion of Ministers, are making or have agreed to make a fair and meaningful financial contribution towards the funding of redress payments under this Act, and 
          3. who, in making or agreeing to make such a contribution, acknowledge the wrongfulness of, and the harm caused by, the historical child abuse which took place in relevant care settings.
2. In this Act—
          1. the list established and maintained under subsection (1) is the “contributor list”, and
          2. a public authority, voluntary organisation or other person (other than an individual) included from time to time in the list is a “scheme contributor”.

Section 17 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 also sets out additional detail for financial contributions by charities of which Mugdock is one. Please see below the relevant extract.

Section 17 Financial contributions by charities

1. This section applies where a charity makes a financial contribution to the Scottish Ministers for the purpose of redress payments being made under this Act.
2. The making of the financial contribution is to be treated for all purposes as—
           1. being in furtherance of the charity's charitable purposes and consistent with its constitution,
           2. providing public benefit,
           3. not being contrary to the interests of the charity, and
           4. being within the powers exercisable by the charity trustees of the charity.
3. Expressions used in this section which are also used in the Charities and Trustee Investment (Scotland) Act 2005 are to be construed in accordance with that Act.

(2) Details of any financial criteria or formula the minimum financial contribution would permit entry into the Redress contributors list.

Details of financial criteria to permit entry into the Redress contributors list can be found in The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021: Statement of Principles Regarding Financial Contributions (the Statement of Principles). This is also set out in the fair and meaningful contribution section of the Scottish Government website.

(3) Details of the definition or policy to determine whether a contribution offered by an organisation it is considered “fair” or “meaningful” to permit entry into the Redress contributor list

The Statement of Principles sets out the principles the Scottish Ministers will use to assess whether an organisation is making fair and meaningful contribution to Scotland’s Redress Scheme.

(4) Details of the assessment and decision making process specifically relating to the admission of Murdock Children’s Trust to the Redress contributors list.

In the addition of Mugdock Childrens Trust to the Contributor list, consideration was specifically given to sections 2.1 to 2.5, and 2.14 to 2.22 of the Statement of Principles. Scottish Ministers were satisfied that Mugdock Children’s Trust acted in accordance with the ethos of the scheme in providing acknowledgement of the harms of the past, and offering a fair and meaningful financial contribution to the scheme.

(5) Details of the policy or procedure by which an organisation can be removed from the Redress contributor list.

Section 16 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 outlines the policy in relation to retrospective removal of scheme contributor from contributor list. Please see the relevant extract below:

16 Retrospective removal of scheme contributor from contributor list

1. The Scottish Ministers may remove a scheme contributor from the contributor list with retrospective effect only where the removal is a result of the contributor failing to make the financial contribution mentioned in section 14(1)(b) which the contributor had agreed to make.
2. Where the Scottish Ministers intend to remove a scheme contributor with retrospective effect, they must carry out an assessment of any contribution made by the contributor under the agreement and allocate it against redress payments as they consider appropriate.
3. The allocation must—
          1. be carried out in accordance with any statement published under section 15 about how a fair and meaningful financial contribution is to be calculated, and
          2. allow the Scottish Ministers to determine the date on which they consider any contribution made by the scheme contributor to be exhausted.
4. In determining the date on which a retrospective removal is to take effect, the Scottish Ministers must have regard to the date on which they consider that any contribution made by the scheme contributor is exhausted.

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