Oireachtas Joint and Select Committees

Wednesday, 6 July 2022

Joint Oireachtas Committee on Social Protection

General Scheme of the Charities (Amendment) Bill 2022: Discussion

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent) | Oireachtas source

We have received apologies from Deputy Flanagan and Senators Wall, Garvey and Murphy. I ask members to note that, to participate in this meeting remotely, they must do so from within the precincts of the Leinster House complex. I ask members and witnesses to turn off their mobile phones because they interfere with broadcasting equipment. I ask members attending the meeting remotely to use the raise hand function on Teams if they wish to contribute.

On behalf of the joint committee, I extend our deepest sympathies to the Minister of State, Deputy Joe O'Brien, on his recent bereavement with the loss of his late mother, Bridget. We offer our deepest condolences to him and to his family at this difficult time. May she rest in peace.

The first item on the agenda is the pre-legislative scrutiny of the charities (amendment) Bill 2022. The general scheme of the Bill was recently referred to this committee by the Minister for Rural and Community Development, Deputy Humphreys, for pre-legislative scrutiny. The primary legislation governing the operation of charities in Ireland is the Charities Act 2009, which provides for the definition of "charities", their operation and reporting requirements, and the establishment of the regulatory authority. This is important legislation. The purpose of the proposed Bill is to strengthen the charity sector and ensure greater transparency, clarity and fairness, which would serve to enhance public confidence in the sector. The proposals contained in the legislation seek to improve the operational capacity of the Charities Regulator to conduct its statutory functions, ensuring more proportionate regulation of the sector. A number of amendments to the Charities Act 2009 are proposed under the general scheme. These would remove the exemption whereby the relevant accounting reporting requirements in the 2009 Act do not apply to charities that are companies. I am pleased that we have the opportunity to consider this matter today.

I welcome officials from the Department of Community and Rural Development. We have with us the Minister of State with responsibility for community development and charities, Deputy O'Brien. I welcome Ms Bairbre Nic Aongusa, assistant secretary, community development. From the Department's community and voluntary supports and programmes unit, I welcome Mr. Kevin Power, assistant principal officer, and Ms Niamh Hoey, administrative officer.

Before we begin , I wish to explain some limitations to parliamentary privilege and the practice of the Houses with regard to references people make to another person in their evidence. The evidence of witnesses physically present or who give evidence from within the parliamentary precincts is protected pursuant to both the Constitution and statute by absolute privilege. Witnesses are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that might be regarded as damaging to the good name of a person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

The Department's information note has been circulated to members. To commence our consideration of this matter, I invite the Minister of State to make his opening remarks.

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