Oireachtas Joint and Select Committees

Wednesday, 21 September 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

I want to turn to a broader issue. I have had plenty of personal experience of dealing with regulators. In general, among regulators in this country there has very much been an ethos of a top-down and directional approach rather than engaging in an advisory approach. This is across the board with regard to regulators in the country. The culture has been very much about compliance with the law rather than assisting the organisations being regulated and facilitating them in complying with the law. While this is all well and good in terms of regulating corporate bodies, and we have had plenty of instances where corporate bodies immediately challenge a decision through the courts to prolong the process, community organisations and family-run businesses do not have these resources and end up in situations where they have been forced to close because of the lack of engagement and the culture that exists.

My next question is more from Ms Murphy than anyone else but I invite the other witnesses to come in on it if they wish. Ms Murphy has reviewed the experience of regulators in other jurisdictions from a legislative approach. With regard to a culture approach, did she come across an example of a regulator that has been more co-operative and acted in a more supportive role rather than in a policing and enforcement role? Is there a good example or template we could use? Sadly, we do not have a good example here in this country. My experience over the years in this jurisdiction is that regulation operates through fear. This is across the board in all of the sectors of which I have had experience.

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