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The voice of Scotland’s vibrant voluntary sector

Published by Scottish Council for Voluntary Organisations

TFN is published by the Scottish Council for Voluntary Organisations, Mansfield Traquair Centre, 15 Mansfield Place, Edinburgh, EH3 6BB. The Scottish Council for Voluntary Organisations (SCVO) is a Scottish Charitable Incorporated Organisation. Registration number SC003558.

Cross-border confusion over charity EU poll campaigns

This news post is about 8 years old
 

​Regulators cause confusion by issuing conflicting guidance on EU campaign.

Charities north and south of the border have been given conflicting advice on European referendum campaigning.

Groups in England and Wales have been effectively warned off campaigning in the 23 June poll by the regulator, the Charity Commission.

However, in Scotland, the Office of the Scottish Charity Regulator (OSCR) issued guidance to trustees which outlined how charities could take part – and still comply with charity law.

OSCR’s guidance follows from similar, and well received, advice it issued in the run up to the Scottish independence referendum in 2014.

OSCR’s guidance will be helpful to third sector organisations wishing to influence debate in the run-up to the EU referendum

John Downie, director of public affairs at the Scottish Council for Voluntary Organisations (SCVO), said the OSCR guidance was in "stark contrast" to that issued by the Charity Commission.

He said: "It’s encouraging to see the OSCR recognise and embrace the vital campaigning role played by thousands of charities in Scotland.

"OSCR’s guidance will be helpful to third sector organisations wishing to influence debate in the run-up to the EU referendum."

This view was echoed by SCVO’s English counterpart, the National Council for Voluntary Organisations.

Policy manager Elizabeth Chamberlain said the Charity Commission guidance set the wrong tone.

She said: "The guidance suggests that only in ‘exceptional’ circumstances will it be appropriate for charities to advocate a particular outcome in the referendum. This fails to recognise that the otherwise generally accepted view that the EU referendum is a constitutional issue with cross-generational significance.”

Exactly how cross-border charities are supposed to interpret the conflicting guidelines is still unclear.

OSCR chief executive David Robb said: “Our independence referendum guidance was prepared in consultation with the charity sector and helped ensure that charities were able to play a significant part in the process, legitimately within the requirements of Scots charity law.

“Charities have a recognised and important role in our society, and for many campaigning is a legitimate part of their work. Charities in Scotland will want to consider the possible implications of the EU referendum, and some may wish to make their voice heard during the EU referendum process. We hope that our new guidance will be a useful reference.’

The official campaign period for the EU referendum starts on 15 April.