Seán Kyne (Galway West, Fine Gael) | Oireachtas source

I thank Deputy Burton for raising this issue. The Charities Regulatory Authority was established in October 2014 pursuant to the Charities Act 2009. The authority is the State organisation responsible for registering and regulating all of Ireland's charities. Its role is to provide effective and robust regulation in accordance with the 2009 Act. Responsibility for the regulator, which is fully independent in the performance of its statutory functions, has been assigned to the Department of Rural and Community Development. The general function of the authority is to regulate charitable organisations operating in Ireland in order to increase public trust and confidence in their management and administration. Section 39 of the Charities Act 2009 sets out the regulatory basis on which organisations register with the regulator. If anyone has concerns that a charitable organisation is in breach of the 2009 Act, he or she may forward details of those concerns to the regulator directly. I am advised that all concerns received are actively reviewed.

On receipt by the authority of an expression of concern relating to a mural on the Project Art Centre's property, the authority indicated to the trustees of the centre that the continued display of the mural would, in the authority's opinion, constitute a political advertisement in respect of a matter for which the charity was not set up. I understand that all complaints are handled by the complaints committee within the Charities Regulatory Authority. The net effect was stated to be that if the display was to continue, the charity ran the risk of being deregistered from the authority's register. The authority has the power under the 2009 Act to consider matters of concern in relation to the running of a charity and action such as deregistering a charity may be taken if deemed necessary. I emphasise that the authority is completely independent in carrying out its functions and in making any decision in relation to enforcement. The authority took the view in this case that the charity was engaged in making a political statement for a purpose for which it was not set up and, thus, fell outside the remit of the 2009 Act. I am advised that the Project Arts Centre itself indicated during its interaction with the authority that it was relying on an exemption under the planning code in relation to political advertisements. In the authority's view, this was a de facto concession that the centre was engaged in a political activity outside the scope of its established purposes.

The Charities Regulatory Authority is independent of Government in its deliberations and my Department has no function in its day-to-day operational activities. As Minister of State, I had no hand, act or part in this decision. I am advised that the trustees of the centre indicated to the authority on 20 April that they would arrange for the removal of the mural and it was subsequently removed on 23 April as we saw on television.

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