John Curran (Dublin Mid West, Fianna Fail)

I move amendment No. 4:

In page 9, between lines 20 and 21, to insert the following:

""EEA Agreement" has the same meaning as it has in the European Communities (Amendment) Act 1993;

"EEA state" means—

(a) a member state of the European Communities (other than the State), or

(b) a state (other than a member state of the European Communities) that is a contracting party to the EEA Agreement.

"establishment day" shall be construed in accordance with section 11;".

The Charities Bill as currently drafted imposes an obligation on each registered charity to have a place of business in the State. However, since Committee Stage, I have taken further legal advice from the Office of the Attorney General on the subject of regulation of foreign charities, including the appropriateness of imposing an obligation on non-Ireland based EU, EEA, EFTA, charities, to have a place of business in the State. On foot of this legal advice, a number of amendments, including these amendments, are required to allow the authority to regulate effectively in a fair and transparent manner all charities operating in the State, including those based in other countries. It would be remiss not to include these detailed provisions providing for equitable yet effective regulation. It should also be noted that organisations from outside the EU, EEA, EFTA area will be required to have a principal place of business in the State. Amendment No. 4 defines EEA agreement, EEA state and establishment day for the purpose of the Bill. Amendment No. 33 rewords the original provision to the effect that in application for registration, all charities will have to specify their principal place of business either in the State for the Irish and non-EEA charities or in the EEA country in which the EEA-based charity has its principal place of business. Amendment No. 37 provides that the authority will enter on the register the information obtained under the previous amendment. Amendment No. 38 is a technical amendment in consequence of the above amendments. The qualification, if any, is now required, because not all charities will be required to have a principal place of business in the State.

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