John Curran (Dublin Mid West, Fianna Fail)

I move amendment No. 16:

In page 11, to delete lines 21 and 22 and substitute the following:

"(4) It shall be presumed, unless the contrary is proved, that a gift for the advancement of religion is of public benefit.

(5) The Authority shall not make a determination that a gift for the advancement of religion is not of public benefit without the consent of the Attorney General.".

I acknowledge that the automatic presumption of public benefit for religious gifts has been of concern for some Members throughout the debate on the Bill. The current wording of the Bill maintains the legal status quo as it restates a similar provision in the Charities Act 1961. However, there were some concerns that this provision might be abused by unscrupulous organisations that might present themselves to the new authority as being religious in nature while their real motivation might not be so respectable. There was also debate in the House during the previous Stage on religious cults.

On foot of legal advice and in consultation with other Departments, it has been decided to make the presumption of public benefit for religious organisations a rebuttable one. This means that the charities regulatory authority will in any case where concerns might arise have the right to request further information and clarification when a body applies for registration on the basis of advancements of religion, or, in other words, carry out a public benefit test. The legal advice to me was that it is not appropriate for the authority alone to make the determination that a religious organisation does not have a public benefit. Therefore, the consent of a higher authority, the Attorney General, who has a constitutional role as protector of the public interest, should be required. The further legal advice was that the decision made with the consent of the Attorney General should not be appealable to the charity appeals tribunal and the amendment reflects the legal advice.

From discussions on previous amendments, Deputies will be aware that I am introducing a provision whereby any organisation that currently enjoys a charitable tax exemption will be regarded as registered for the purposes of the Bill. Thus, this amendment will not affect existing legitimate religious charities, as it is not the Bill's purpose to impact negatively on them.

The Government amendment will enable the authority to pursue any concerns about a religious organisation, including those believed to be involved in the types of activity referred to in Deputy Wall's amendment No. 17. While that amendment is well-intentioned, it is not necessary in light of the broader scope provided for the authority under the Government amendment. I commend amendments Nos. 16 and 18 to the House.

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