Dáil debates

Thursday, 15 November 2007

Charities Bill 2007: Second Stage (Resumed)

 

12:00 pm

Photo of John CurranJohn Curran (Dublin Mid West, Fianna Fail)

I welcome the opportunity to contribute to the Second Stage debate on this Charities Bill. I compliment the Minister of State, Deputy Carey, for being in attendance because it is important legislation which affects the lives of everyone. Far too often I feel Ministers who have responsibility for legislation in this House do not take enough time to listen to what is being said here. I appreciate the Minister of State's attendance. I also intend to contribute on Committee Stage on some key points and today I will give a general overview of the Bill.

It is hard to believe that in a country perceived to be so charitable, it has been over 30 years since we have had new legislation in this area enacted, a staggering period of time. I am proud to state this country is one of the most charitable nations on Earth. I do not know what part of our history makes us so but any time there is a world crisis or disaster, from a famine to tsunami, the people of this country have responded time and again in a way beyond what people might expect. In certain times, the public has in many cases put the Government to shame with its generosity and responsiveness to events.

I pay tribute to the tens of thousands of people engaged week in and week out in charitable works. I do not intend to name charities because people in a range of bodies, be they local or internationally focused, give time and effort week in and week out. As a nation we should be very proud of this. People may debate the origins of this persuasion, with some contending it has come from our missionary work, but I am proud to be part of such a nation.

Every person in this House is engaged and interacting with charitable organisations on a daily basis in one way or another. Funding and finance is critical if these organisations are to maintain their work, as is the maintenance of public confidence in what goes on. That public confidence will be maintained through this Charities Bill.

There have been many changes in 30 years, which I have been thinking about. As a five-year-old I was in a Presentation convent school in "low babies" — not junior infants. A nun brought us up one by one to be introduced to our teacher and when we all sat down, the nun picked up a wooden collection box. She stated that any time we would get money at home for our birthday etc., we should bring in an old penny for the "black babies". This was not politically correct but that is what we learned. We had no clue what "black babies" were but from the earliest time in our memory, charitable work was going on.

That was first introduction but I have a more recent example of what happens. I was walking down Grafton Street one day and a young girl approached me to support a charity, which I did. In doing so I signed a form, so instead of putting the penny into a collection box I signed a direct debit mandate. During the 30-year period from placing a penny in the box to signing a direct debit form, no new relevant legislation has been enacted. That is the reason I so warmly welcome this important legislation.

The Bill outlines what is regarded as a charitable organisation and specifically mentions excluded bodies. These include political parties, trade unions, employers' representative organisations and, as a previous Deputy mentioned, unlawful or terrorist organisations. We know what is excluded.

On the other hand, a charitable organisation is defined. The Bill states a body must be engaged in exclusively charitable purposes, with charitable purposes regarded as the prevention or relief of poverty or economic hardship, the advancement of education or religion or any other purpose that is to the benefit of the community. We understand that.

Most of us contributing to this debate have a view on what is charity. We think of those who feed the hungry and house the homeless or those who work abroad, but what about groups that provide advocacy services? What about groups that lobby but do not provide tangible services we generally understand as charity work? We should look at that in detail on Committee Stage.

Part 2 establishes a charities regulatory authority and outlines its functions and provisions in terms of its role, staff and finance. It will have strong regulatory and enforcement powers.

Section 13 provides for the establishment and maintenance of a register of charitable organisations. That register is important and it must be set up in a timely and efficient fashion and be publicly accessible, preferably via the Internet. If it is to inspire confidence, it must be available quickly.

I live in Clondalkin and every two weeks I get a flyer to advise that there will be a clothing collection in aid of the homeless somewhere in the world. It mentions the goods wanted and sometimes asks for the bag to show a certain sticker the next day. The flyer, however, only gives the minimum detail and, sometimes, a mobile telephone number. There is no detail of a charity name or postal address and certainly no charity registration number. This is fraud, plain and simple. I have never been able to contact the organisation involved.

I say that because sections 26 and 27 refer to co-operation and information between the new authority, the Garda and other law enforcement agencies. If this is fraud the organisation will not be registered but it should still be a function of the new regulatory authority to become involved in this. No fraud will register but the authorities should still take complaints from the public and engage with other law enforcement agencies.

Many of the charities we deal with are small in scope and some are established to fund one-off events. It is important that we do not prevent such groups from performing charitable functions, particularly for those who have been the victims of a tragedy. We want financial accountability but red tape should not stop local groups from organising one-off events.

Deputy Crawford is right, charity work in Ireland is complex. I wish the Minister well with the Bill.

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