Joe O'Brien (Dublin Fingal, Green Party) | Oireachtas source

I thank the Deputy for raising this very important matter. The Charities Regulator, under the aegis of my Department, is the State organisation responsible for registering and regulating all of Ireland's charities, with a mandate to promote good governance practices. It is important to note that the regulator is fully independent in the performance of its statutory functions, including investigations into the activities and conduct of charities. All registered charities in Ireland and their trustees are subject to the provisions of the Charities Act 2009. This Act sets out comprehensive legal obligations surrounding the definition of charities and their operations and reporting requirements. Concerns relating to charities may be raised with the regulator and I am assured by it that all such concerns are addressed. Members of the public can also search the Register of Charities to obtain information on registered charities.

Where breaches of charity legislation are identified, the charity is contacted with a view to addressing such breaches. In serious cases, the regulator may appoint investigators to carry out a statutory investigation, as happened in the case of Bóthar.

The Charities Regulator has been engaging with Bóthar since early 2020 on foot of concerns which were raised about the charity. In October 2020, the regulator determined that a statutory investigation into the charity was warranted and appointed inspectors to commence this investigation. It is important to note that the commencement of such an investigation is not a finding of wrongdoing. As the Deputy may be aware, however, a criminal investigation is now under way into activities at Bóthar.

At the request of An Garda Síochána, the Charity Regulator's statutory investigation into the affairs of Bóthar has been temporarily paused until such time as the criminal investigation is complete, at which time the regulator's investigation will resume.

It would not be appropriate for me, the regulator or my Department to comment further on what is an ongoing criminal investigation. I remind the Deputy that the programme for Government includes a commitment to update legislative provisions with the Charities Regulator to ensure it has the necessary powers to increase trust and confidence in the management and administration of charities.

There is ongoing liaison between officials in my Department and the Charities Regulator to review the operation of the legislation to ensure that it is operating effectively, and to consider amendments to the Charities Act 2009. This work is at an advanced stage and it is intended to bring proposals to Government in the very near future to progress the legislation.

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