John Curran (Dublin Mid West, Fianna Fail)

I recognise that this matter was raised on both Second and Committee Stages. It has been considered. It is not an easy area with which to deal and has proved somewhat complex. Based on the legal advice we received, I believe the amendment as tabled is a good way to achieve what we set out to do. Section 2(1) states that "a political party, or a body, the principal object of which is to promote a political party, candidate or cause", is excluded from being regarded as a charitable organisation. I believe most people are happy with that.

The relevant wording in the Bill was designed to allow a charity to engage in valid political work as a means of achieving its charitable aims, but not as its primary activity. The authority will ultimately decide whether the objective of an organisation is the pursuit of a political cause and any decision taken by the authority in this regard may be appealed to the charity appeals tribunal or to the High Court. The amendment we have tabled represents a good outcome. We have taken legal advice and we must stick with the amendment as it stands.

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