Joe O'Brien (Dublin Fingal, Green Party) | Oireachtas source

I have answers on some points but not on others. I take some points on board, such as the point about membership needing to be clarified. On head 7, regarding documents missing, much of the intention is that there are intermediate sanctions that can be used as well. At present, the regulator has very blunt instruments. A lot of the time it is the nuclear option or nothing. Members will see there are a lot of intermediate options in the Bill. For example, documents missing that lead to someone being removed from the register would not be proportionate. The committee will hear me say the word "proportionate" repeatedly during the course of the debate.

One area I wish to give reassurance on is section 39(11b) around changes to the constitution of a charity. We do need to give clarity on this. It was never the intention that every single potential change to a constitution would require to be reported to the regulator. We are looking at three broad areas: the main objective being if changes are made to the charitable purpose; income and property clauses, which can be significant financially; and the winding-up clause. They are examples of three areas in which changes to the constitution would require notification of the regulator. I can understand how the wording would make people worry that it referred to every little thing. That is not the intention and it is important to make that point.

We will take the specifics of what the Deputy said and consider them. I will make general comments because I cannot always find the exact clause referred to by the Deputy. We envisage the charities appeal tribunal being used more rather than recourse to the courts. I again use the word proportionate. The removal of a charity from the register by the regulator would be the nuclear option, but I understand it would only happen when there is non-engagement by the charity. In terms of how the regulator works now, it is very co-operative, collaborative, and there is lots of engagement if there are questions or issues raised. Removal from the register is the last option and is not used very often.

They are general responses, but we will take back the specifics of what the Deputy asked. Generally, we are very open to input on the Bill. We are doing this with an open mind in terms of input and suggestions as well.