John Curran (Dublin Mid West, Fianna Fail)

I move amendment No. 55:

In page 32, between lines 29 and 30, to insert the following:

"41.—(1) Where the Authority, after consultation with the Garda Síochána, is of opinion that a body that is deemed to be registered in the register by virtue of section 39 is or has become an excluded body by virtue of its promoting purposes that are—

(a) unlawful,

(b) contrary to public morality,

(c) contrary to public policy,

(d) in support of terrorism or terrorist activities, or

(e) for the benefit of an organisation, membership of which is unlawful,

it shall by notice in writing inform the body that it is no longer deemed to be so registered.

(2) Where the name of a charitable organisation that is deemed to be registered in the register by virtue of section 39 is changed in contravention of section 39(2), the Authority shall by notice in writing inform the charitable organisation that it is no longer deemed to be so registered.

(3) If a body corporate that is deemed to be registered in the register by virtue of section 39 is convicted on indictment of an offence, the Authority may, by notice in writing, inform the body that it is no longer deemed to be so registered.

(4) Where, in relation to a charitable organisation that is deemed to be registered in the register by virtue of section 39, 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 by notice in writing, inform the charitable organisation that it is no longer deemed to be so registered.

(5) If a charitable organisation that is deemed to be registered in the register by virtue of section 39 fails to comply with—

(a) a requirement of the Authority under section 39(3), or

(b) a direction of the Authority under section 48,

the Authority may by notice in writing, inform the charitable organisation that it is no longer deemed to be so registered.

(6) Upon the service of a notice under this section, the body to whom it applies shall cease to be registered in the register.

(7) Where the Authority is of opinion that a body that is deemed to be registered in the register by virtue of section 39 is not a charitable organisation, it shall apply to the High Court for a declaration that the body is not a charitable organisation.

(8) If the High Court, upon an application under subsection (7), grants a declaration that the body in respect of which the application is made is not a charitable organisation, the body shall cease to be deemed to be registered in the register.

(9) If a charity trustee of a body that is deemed to be registered in the register by virtue of section 39 ceases to be qualified for the position of charity trustee by virtue of section 49, the Authority may apply to the High Court for an order authorising the Authority to declare that the body is no longer deemed to be so registered, and, upon such an application, the High Court may make such an order if it considers it appropriate in all of the circumstances.

(10) Upon the making of a declaration pursuant to an order under subsection (9), the body to which the declaration applies shall cease to be deemed to be registered in the register.

(11) A body to which a declaration referred to in subsection (8), or a declaration pursuant to an order under subsection (9), applies shall not, before the expiration of one year, or such shorter period as the Minister may determine, from the date of the declaration be eligible to apply to be registered, and the Authority shall not, before such expiration, perform any functions in relation to that organisation under section 38(6).

(12) Where, in accordance with this section, a body ceases to be deemed to be registered in the register, the Authority shall—

(a) subject to paragraph (b), remove any information in the register relating to the body, and

(b) enter in the register a statement that the body has ceased to be deemed to be a registered charitable organisation and a statement of the reasons therefor.".

See this speech in context