Joe Costello (Dublin Central, Labour)

I wish to share time with Deputy Arthur Morgan.

The Labour Party has been asking for a charities Bill for a considerable time. The perception was that the public regarded proper accountability, transparency and credibility as being lacking in the operation of charities. The perception was that some organisations were good, some were bad and some were using an inordinate amount of their income for administrative purposes, that money generously donated by the public took a long time to reach the intended recipients and some money may never have reached the people in dire need of it.

Ireland and the Irish people have always been generous in their contributions to charitable causes. This is one of the positive virtues of this nation which is to be commended and no obstacle should be put in the way of maintaining this generosity due to a perception of a lack of transparency, accountability or trust. It is important that a mechanism is provided on a statutory basis to ensure business is operated in a proper fashion.

I am pleased there is a definition of what constitutes a charity, although I am not sure I agree with all the areas specified. It is important to have a regulatory authority and a register of charities. Most importantly, the charity must provide an annual report. That is a key issue. As with all bodies that are established on a statutory basis, it is essential that there is an appeals mechanism so charitable organisations which believe they have not been treated fairly by the regulatory authority have an opportunity to make their case to a higher and separate authority.

The most important provision relates to the annual report. The report should be a clear statement of audited accounts, what has happened in the course of the year, where and how the money was collected, how it was disbursed in terms of administration and what proportion was directed where it was intended to go. That level of accountability and transparency will be an enormous benefit to the public.

What will happen to the church gate collections? Will we be able to continue to hold them? Any form of political activity is specifically excluded from the Bill so I do not know how the Deputies who hold annual church gate collections will account for them. Will they simply have to account to the parish priest or will they have to go to a higher forum?

I am concerned about a matter which was brought to my attention by the Irish Council for Civil Liberties. Under section 3(8), the list of matters that are included in the broad definition of "benefit to the community" where that is the purpose of a charitable organisation, there is no express reference to the advancement or promotion of human rights, social justice, equality or diversity. These are huge issues in Irish society and for new immigrants. It is strange that human rights should be excluded. There is surely no better charitable cause or benefit to the community. The equality issues that are part and parcel of human existence and where difficulties occasionally arise should be specifically covered by the legislation.

I am not sure what the situation of the Irish Council for Civil Liberties is under this legislation. Will it be covered by the new definition of a benefit to the community? Will Amnesty International be covered by it? Will any of the bodies promoting the rights of migrants in the community be covered in terms of charitable status? It would be a shame if they were excluded. It would be appropriate to put down an amendment to section 3(8) to effect this change. Section 3(8) states:

In this section "purpose that is of benefit to the community" includes:

(a) the advancement of community welfare including the relief of those in need by reason of youth, age, ill-health, or disability,

The subsection covers a range of other areas, including the advancement of conflict resolution or reconciliation, the promotion of religious or racial harmony, protection of the natural environment, the advancement of arts, culture and so forth and the integration of those who are disadvantaged and the promotion of their full participation in society. However, it does not specifically cover human or civil rights or equality issues. These should be included. That would be expected of us under the European Convention on Human Rights as well as under our broader international commitments under the United Nations Charter.

I have reservations about the exclusion of all political issues and of groups whose principal object is to promote a political cause. There are different views on that provision. However, there should be an amendment to include human rights and civil liberties. That would enormously improve the legislation.

The legislation is welcome. I hope the regulatory mechanisms do not become too bureaucratic but if the legislation provides the accountability and transparency that is intended, the House will have done a good day's work.

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