John Curran (Dublin Mid West, Fianna Fail)

I move amendment No. 6:

In page 9, to delete lines 22 and 23 and substitute the following:

"(a) a political party, or a body that promotes a political party or candidate,

(b) a body that promotes a political cause, unless the promotion of that cause relates directly to the advancement of the charitable purposes of the body,".

The definition of an excluded body currently in section 2(1) provides that a body, the principal purpose of which is to promote a political party, candidate or cause, cannot qualify as a charity. The existing wording in the Bill was designed to allow charities to engage in valid political work as a means of achieving their charitable purpose rather than as a primary purpose in itself.

On Committee Stage, there was much debate on the issue of charities and their interaction with political life. While there seemed to be a general acceptance that charities should not support a political party or a political candidate for election, the discussion mainly centred on the reference to political cause. I have reflected on this matter in the intervening period and I agree with my predecessor, the Minister of State, Deputy Carey, who considered it inappropriate that charities should be predominantly engaged in political activities. Their aim should be to achieve their charitable purpose by engaging in activities that directly help their targeted beneficiaries on the ground. However, one must be pragmatic and recognise that there are times when a charity might reasonably consider it necessary to engage in what might be regarded as political activities as a means to furthering its charitable purpose, though such activities must never become the primary objective of the charity in their own right.

Since Committee Stage, in consultation with my legal advisers, we have developed the wording presented. The proposed wording separates political candidate and party from political cause and, thus, provides greater clarity for charities.

Under the Government amendment, charities will not be permitted to support either a political candidate or a party. This is only fitting. They will be permitted to promote a political cause but only one relating directly to their charitable purpose. A charity must take care not to become a political organisation, however, and should always remain focused on its charitable purpose, which must be, by definition, its only purpose. Should the authority form the view that an organisation is no longer an exclusively charitable organisation but has become de facto a political organisation, the Bill would permit the authority to strike such an organisation off the register.

Although they are aimed at achieving a similar outcome, Government amendment No. 6 provides greater clarity than Deputy Wall's proposed amendments Nos. 7 and 15. Therefore, I cannot accept them. I commend amendment No. 6 to the House.

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