Dáil debates

Wednesday, 26 October 2005

Priority Questions.

Charitable Trusts.

1:00 pm

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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Question 89: To ask the Minister for Community, Rural and Gaeltacht Affairs when the findings of the report he has commissioned on the impact of regulation on charitable trusts will be published. [30780/05]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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I recalled to the House last June that the Law Reform Commission had published a consultation paper setting out proposals for the reform of charitable trust law.

The public consultation which followed was the second of two undertaken in relation to the preparation of draft legislation to deliver on the Government's commitment to regulate the charities sector. My Department has since been fully apprised as to the outcome of the Law Reform Commission's deliberations in this regard.

I understand from the Law Reform Commission that its proposals were largely welcomed and that its report is due to be published next year.

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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Will the report be made public because much information has been made public regarding the need for a law but there has been no sign of the law itself? In October 2003, we were informed that the charities (regulation) Bill would come before the House in the final quarter of that year. In January 2002, it was promised for October 2003. In May 2003, it was promised for late 2004. The dates varied from September 2003 to January 2004. In April and September 2004 it was promised for 2005. In January, it was suddenly announced that the legislation would come before the House this year, but 2005 is almost over. In April 2005 it was promised for 2006. According to the latest legislative programme, which we were given at the start of this session in September, there was no indication as to when this Bill is likely to come before us.

The charities (regulation) Bill has been promised since 1980 but three previous Governments have failed to deliver on it. We now seem to be in a limbo because we do not even know when it will be published. The Minister has been quoted as saying that it is major legislation which cannot be dealt with overnight. It could have been done sometime between 1980 and 2002. What is causing the delays? Do we even have the heads of a Bill at this stage? Is June 2006 a feasible date for the introduction of this legislation? I fear that when we receive the next legislative programme at the end of January, we will see either an indeterminate date or possibly some date in 2007 for this Bill's publication.

Photo of Dinny McGinleyDinny McGinley (Donegal South West, Fine Gael)
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We know what that means.

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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The Deputy's first question was whether it would be made public. All the previous consultation documents and independent reports have been made public. There is a special charities webpage where all those documents have been posted. I am sure the same will apply this time. The Law Reform Commission will publish the report.

As regards the dates, I hope that I did not predict the early ones.

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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The Minister of State should consult the Whips' Office.

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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Whoever did that was a bit premature. We are, however, working at full speed and there is no delay within the Department. We hope to have the legislation out by next summer, all being well. It is a major legislation that will have over 200 sections but problems and delays can arise at different stages. Various Departments are involved and sometimes it can be difficult to get time for the parliamentary draftsman to work on it. Despite the problems we hope to succeed in bringing the legislation before the House by the summer recess.

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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The Minister of State now says it will happen in early summer, whereas in a recent article he said it would be next spring. Does he mean by the end of the summer session or perhaps the start of the autumn session?

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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Late spring or early summer, whatever the Deputy likes. That is the target, but whether it will be on 30 April or 1 May, that is the general area. There is no point in giving specific dates.

Photo of Dan BoyleDan Boyle (Cork South Central, Green Party)
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Do we have heads?

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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We are working on the general scheme of the Bill which we hope will go to Government in January. All going well, I think the target I have mentioned is realisable.