Labhrás Ó Murchú (Fianna Fail) | Oireachtas source

I welcome this motion from the Independent Senators. I compliment Senator Mary Ann O’Brien on her research and diligence in this regard. If that diligence had not been applied, this matter would not have been addressed with any sense of urgency. That is a sad commentary on ourselves as legislators. I cannot think of any motion that is more important for debate in this House than this one. We are speaking on behalf of people who have not been given the same opportunities in life as we have.

But for the charities that exist, the responsibility would fall back on the State. It would be the role of the State to look after its citizens. The charities fill that role, often with a huge voluntary input. This is not just about money; it is also about providing a voice for these people when different pieces of legislation come up in the Oireachtas. People must always come forward and make cases for people who are more vulnerable than ourselves. This is an important role, particularly for us as legislators. However, the responsibility rests on the State.

We know that even in the best of times the State would not fulfil that role fully, and there is very little chance at present, with the economic climate that exists, that the State could have any intention whatsoever of fulfilling that role. The charities sector is vital to the welfare of thousands of people and we need it operating to the fullest capacity and with the fullest trust and confidence of the people who support the charities. The sector must be protected. I recall the sense of urgency that existed when the Charities Act was enacted in 2009. Everybody realised it was needed, but perhaps it came about because of newspaper headlines. Often the headlines do not represent in the fullest way what the charity sector is about, but because those headlines appeared in the newspapers, it was felt we had to take action. It should not have been necessary to wait for something of that kind to initiate action.

Everybody knew for years that proper regulation of the charities sector was necessary. It was evident to people in the street, particularly where money was changing hands in a manner that was not receipted and was collected by people we did not know. Take the clothing industry as an example. When people are asked to give their clothes to a particular organisation, they still do not know whether this will bring a financial gain for that organisation or whether the moneys received go to a charity. This is just one small example of the confusion that still exists. When people contribute money on the street outside a bank or a shop, some little alarm bell always sounds in their heads with regard to whether that money ends up in the right place. This is only a small element of the total picture.

The one way to ensure that nothing untoward happened was through regulation. We have a comprehensive Act now and it covers all the issues in significant detail. In addition, it covers what would strengthen the charities sector and help the legitimate part of that sector. This is itemised step by step in the Act. People were given the opportunity, through debate, to feed in their experiences and their practical understanding of what was involved. They were also able to include their vision for the charities sector. We can imagine how they must feel now we are told, four years later, that one of the reasons the provisions have not been implemented is their cost. This is sad, because the idea behind the concept was to save money and ensure the moneys available from generous-hearted people are available to help others for whom the State has responsibility. That is the logic of what we are saying.

It is wrong and unfair that the Act has not been implemented. I would be first to stand up and defend the Government with regard to many of the austerity measures it must take, because we must be realistic. However, in this case, austerity is self-defeating. For that reason, I hope the Minister and Minister of State will avail of this opportunity to bring the message to the Government that we still hope this regulation will not have to wait and that the benefits of bringing in the regulation and implementing the Act far outweigh what might be saved.