Mary White (Carlow-Kilkenny, Green Party)

I begin by congratulating the Minister of State on his recent appointment to the Department. I congratulate him also on the presentation of this Charities Bill to the Dáil early in its lifetime. I look forward to working with the Minister of State in the months and years ahead.

The is an important Bill which the Green Party broadly supports. It is long overdue and contains many features which both the Green Party and the voluntary sector have been calling for for a long time. As a party which has championed the causes of the voluntary sector and been highly supportive of its role in the social partnership process, we are pleased the sector is broadly supportive of this Bill.

I welcome the proposed establishment of a new regulatory authority for charities and the proposed creation of a register of charities for the first time. The outlining of what legitimises a charitable cause's status is vital and it will, in addition to a regulatory authority and charity appeals tribunal, go a long way in ensuring Ireland remains free of fraudulent charities. It will also ensure transparency and public accountability from the voluntary sector.

Several other aspects of the Bill are vital. The transferring of functions of the Commissioners of Charitable Donations and Bequests for Ireland to the new regulatory authority will make for sensible streamlining of the oversight of charities and advocacy groups, and the role envisaged for a clear consultative process between the new authority and stakeholders in the sector will do much to ensure good relations between the State, community and voluntary groups.

There are, however, several aspects of this Bill which remain problematic and I look forward to working with the Minister to ensure that concerns with the legislation will be addressed as it passes through the legislative processes in the House. The wording of the exclusion of organisations whose purpose is to advance a political cause causes a problem. I accept the motive behind the wording may have been well intentioned but it is problematic for the clause excluding political groupings to include the word political "cause". Many political causes taken up by charities have the sole aim of advancing such issues as human rights, civic participation or social justice. These are ideals we all espouse in this House and the wording of this exclusion potentially endangers their inclusion.

Linked with this issue are the omissions in section 3 of the Bill, which were contained in the heads of the Bill in April 2006. Among the purposes spoken about by others that are of benefit to the community and were listed in theheads of Bill were the advancement of human rights, social inclusion and social justice, citizenship and the effectiveness and efficiency of charities.

The Green Party shares the concerns of the voluntary sector that by not including these purposes in the legislation, it might diminish the standing it has in the eyes of the State and possibly result in the unintended exclusion of such organisations from the register, particularly vis-À-vis other purposes that are of benefit, and in turn public thinking. The advancement of human rights, social inclusion and social justice are pursuits worthy of equal recognition to those listed in the relevant section.

Several other aspects of the Bill must also be examined in forthcoming Stages because of the danger that the Bill, as it stands, may produce a bureaucratic culture in the area of charity management. This in turn will run the risk of discouraging people from engaging in voluntary activities aimed at helping the community.

The uncertainty surrounding the Bill's implications for spontaneous community fundraising must also be addressed. People have spoken of the Asian tsunami some years back, which led to people spontaneously fundraising. In Kilkenny, one of my constituents underwent multiple transplant operations and the people there responded in extraordinary style to fundraise for her.

The issue of the regulatory authority's role in terms of facilitation alone or facilitation and supporting better administration, and the question of a graded approach to the annual reports and accounts — which charities will need to submit — must be examined. It is important that what charities must do to comply is completely clear. It is also vital that the Government recognises the need to consult charities and the voluntary sector if it is to bring them along in the journey towards greater accountability and transparency. I have no doubt this will happen.

The issue of the regulator being Exchequer-funded or partially funded by charities and community and voluntary organisations must also be addressed. If we are going to establish a regulatory authority to monitor charities and voluntary groups we cannot ask such groups to pay for monitoring. Another potential pitfall which must be examined is the matter of dual reporting by charities to the Companies Registration Office and to the charities regulator. The explanatory memorandum of the Bill states that dual reporting is being examined in consultation with the Department of Enterprise, Trade and Employment and the Companies Registration Office. We await progress on this issue of minimising the burden of dual reporting in due course.

The issue of fundraising permits and the active monitoring of organisations' and persons' use of them, particularly in terms of other groups being unable to run charity events because of dormant permit holders, may require attention in a future Bill. I recognise it is a complicated matter but it is another issue where we must work hard to ensure the act of doing good for a community and the public is not stifled by a lack of imagination from lawmakers and enforcers.

The issue of providing special legal structures for charities may also have to wait for another legislative day but the occasion of the Charities Bill's Second Reading provides us with a reminder that the legal constraints facing charities must be legislated for. I am sure the Minister will agree it is important for the voluntary nature of the work of charities to be recognised in the Bill by making a clear distinction between statutory charities and voluntary sector charities.

Why must these technicalities be addressed? Greater accountability and transparency must not cause paper mills and bureaucratic headaches in every parish hall or sports club throughout the country. When legislation similar to this was passed in England, a decline in the level of voluntary activity was observed. We have strong levels of voluntary participation in Ireland and they are the lifeblood of our communities.

Ireland has long been recognised as a generous, energetic fundraising nation. In Carlow last week, a volunteering day for the local community was superbly attended by charities and voluntary fundraising groups. Voluntary, charity and advocacy groups must not be overburdened by reports, accounts, procedures and codes.

I welcome the Second Reading of the Charities Bill, which will ensure greater accountability and enhanced public trust in charities and community or voluntary organisations. I look forward to working with the Minister in the coming months to resolve issues of concern in a positive and constructive manner. As Edmund Burke once stated, stubborn resistance to innovation impedes progress. This is an innovative Bill and it represents progress.

See this speech in context