Oireachtas Joint and Select Committees

Wednesday, 5 October 2022

Joint Oireachtas Committee on Social Protection

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

Ms Madeleine Delaney:

I will add context that might help to allay any sense of fear or concern that a sledgehammer is being provided to crack a nut. The Vice Chairman referred to reputational damage where a matter has not yet been proved. This is an area for which Mr. Mulholland is responsible, so my apologies to him for stepping in. Last year, 569 concerns were closed and there were only three instances in which inspectors were appointed. This shows that the vast majority of concerns are dealt with on the basis of that engagement and nobody except the charity and us know anything about it. In terms of the engagement, obviously when we start we do not know where a matter might end, so we adopt high standards of procedure and fairness from the outset. Even though we are not a court of law and we might not be prosecuting, we adopt those standards and we do not take action that is not based on fact or is not applied in accordance with the law. That is some context in that regard. We take a balanced approach and we intend to continue with that. As a regulator, however, if one does not have the tools to ultimately do something, there will always be a small cohort who will not engage. Unfortunately, that is the reality of life. It is not necessarily that the powers are there to be used but, rather, that people know they are there and we can use them.

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