John Curran (Dublin Mid West, Fianna Fail)

I move amendment No. 53:

In page 32, between lines 18 and 19, to insert the following:

"(10) If a registered charitable organisation that is a body corporate is convicted on indictment of an offence, the Authority may remove from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered.

(11) Where, in relation to a charitable organisation, the Authority is satisfied that there has been a contravention of—

(a) section 43, 44, 45 or 47, or

(b) a direction under section 45 or 46,

the Authority may remove from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered.

(12) If a registered charitable organisation fails to comply with a direction of the Authority under section 48, the Authority may remove from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered.".

This amendment sets out specific circumstances under which the authority may remove an organisation from the register. A previous amendment deletes the existing provision under which the authority required an order from the High Court to remove incorporated charities from the register where the charities are convicted under indictment of an offence. On legal advice this is hereby replaced by a new provision, section 10, under which the authority shall be in a position to remove a charity without recourse to the High Court. It is considered that this will allow the authority to remove such charities promptly and help to ensure the accuracy and integrity of the register. The authority may also remove an organisation that fails to comply with the annual report, accounts or auditing requirements of the Bill or directions from the authority in regard to such matters. It would not be correct to continue to register an organisation that fails to comply with these fundamental provisions. In addition, the authority may also remove from the register any organisation that fails to comply with a request to provide information requested by the authority under the new section 48.

See this speech in context