Mr. John Farrelly:

I agree with the Deputy. Failure to register is an issue. I want to get an intact register in place and ensure that the information is publicly available. Carrying on the business of a charity while not being registered is a prosecutable offence.

The Deputy made a very good point about charities that may no longer exist. There could be good people doing work in communities who have got older and who may not be aware of their obligations. In fairness, the commissioners for charitable oaths were in place before the regulatory authority came into being and solicitors throughout the country are quite cognisant of the fact that funds are given to us and we allocate them.

A number of bodies - including shops, for example - are potentially holding themselves up as charities. We have already been actively working in that area. Such bodies may have submitted applications for registration but in the interim have been carrying on their business. We very quickly escalated the process and they had to cease carrying on their business. We are holding their funds, assets and so forth and if they fail to register, we will distribute those to other charitable organisations. If they register, they can continue with their business. The general public does not necessarily understand what a charity is and it is our job to make that information available so that people know what is required. Unfortunately, within that loop, well-informed people who may not be well-intentioned can move into the voluntary service area and we are watching that.

This year, the focus is on consolidating the register and publicising the information and guidance for people. If we go to court in pursuit of a prosecution but the body or organisation involved can show that it was not properly informed about the process and system, which can be complex, we could lose the case. I agree with Deputy that this needs to be done speedily. Some staff are already in situbut we are awaiting the recruitment of more staff with very specific competencies.