Results 1,001-1,020 of 6,728 for speaker:John Curran

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: The charitable purposes, while they do not specifically mention human rights and social justice, mention the activities in which those organisations would and should engage. It would be unfair to say I will be coming back with something different.

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: I have reiterated the point that this was done to maintain the status quo. Unfortunately, I do not see this section being changed.

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: This amendment reflects an amendment that was submitted by Deputy Wall for consideration on Committee Stage in the Dáil. Deputy Higgins also raised concerns on this matter in the Dáil. An undertaking was given by my predecessor, the Minister of State, Deputy Pat Carey, on Committee Stage in the Dáil, to reflect on the issue raised in Deputy Wall's amendment. Having since consulted with...

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: This is a technical amendment to be inserted on legal advice. It is important that the decisions of the new charities regulatory authority be separated from those of the Revenue in regard to tax matters. It is not appropriate for the new authority to have any role in such matters, which are the domain of the Minister for Finance and Revenue alone. Every charitable organisation, as well as...

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: On Report Stage in the Dáil I introduced an amendment that had been developed to off-set a possible risk that the Bill, as previously worded, might act as a significant impediment to conventional securitisation activities. Following further interdepartmental consultation and discussions with legal advisers since Report Stage, it is considered that a further technical drafting amendment is...

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: I recognise there is an issue, with which I am familiar, and I have seen and received correspondence on the matter as it concerns Respond. The amendments reflect a concern that a charity trustee might be held personally responsible for losses that a charity might suffer where State agencies or a public body do not follow through on an agreement made with a charity. The Charities Bill does...

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: It is acceptable if the Senator wishes to reintroduce the amendment on Report Stage. However, we should bear in mind some practical considerations. The issue is not contained in or restricted to the Charities Bill. Separate legislation is responsible for the roles of directors and trustees and this legislation is mindful of that responsibility.

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: We recognised there was an issue and the amendment made in the Dáil was in line with the Law Reform Commission suggestion. I do not wish to give the impression that directors or trustees of a charity would be dealt with in a substantially different way, because other legislation already governs that area. If the Senator wishes to revert on Report Stage, that is fine. That is the...

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: To clarify the issue, the charity, rather than the individual trustee of that charity, can pay for the indemnity of the individual.

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: It is recognised that the establishment and maintenance of the register will give rise to costs. The purpose of this amendment is to allow greater flexibility in the future in terms of maintaining the register of charities. Specifically, the amendment seeks to give the authority options, once directed by the Minister, to so use material from other relevant electronic databases, including...

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: The entire Bill was drawn up on a consultative basis with the sector. Specifically, one of the areas of concern is that the consultative process would continue in terms of developing codes of practice and so forth. That is why some of the codes of practice will not be put on a statutory basis but will be a reserve function of the Minister, based on ongoing consultation.

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: Throughout the development of this Bill through the Houses of the Oireachtas, we have been consciously looking at ways to ensure that the administrative burden imposed by legislation does not prove unmanageable, particularly for smaller charities. It is recognised that upon application for registration, a comprehensive list of documentation must be filed by charities. The amendment I...

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: I agree with the Senator. This is something of which we have been very conscious and hence the acknowledgement of different categories of charities. With regard to the authority in particular, it is important to point out that it is not just a regulatory authority but also a supportive one to the industry.

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: I am glad the Senator has decided to have some private conversations. Section 46 of the Bill makes it an offence for charitable organisations that are not registered to portray themselves as charities. On Report Stage in the Dáil I strengthened the provision, with a particular focus on the practice of door-to-door collection of second-hand clothes and bric-À-brac, which was a cause of...

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: We will deal specifically with the Mass card issue on Report Stage.

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: I acknowledge the contribution of the Senator. I will respond to the specific point at the later section.

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: This point has been brought to my attention before. It is not a statutory requirement that these agencies be charged. It is by way of regulation of the Minister. Rather than describing the precise nature of who might be charged and the rate of charge, it can be done by way of regulation. I do not envisage other State agencies being charged.

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: The reason it is covered by regulation is that it is the first time a new system will be in place. Rather than trying to identify the recipients who might want the information, the regulation would allow a degree of flexibility. It would not be envisaged that there would be charges for one Government agency getting information from another in this regard. It was felt that putting this into...

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: The issue that led to amendment No. 37 was raised by Senator O'Toole on Second Stage. Since then I reflected on it and consulted several people. I endorse Senator O'Toole's sentiments that a charity trustee should not audit his or her charity. This is reflected in section 187 of the Companies Act 1990, under which an officer or a servant of a company must not also be its auditor. Although...

Seanad: Charities Bill 2007: Committee Stage (4 Dec 2008)

John Curran: The background criteria for appointment of members to the appeals tribunal is laid out in the legislation. Should they be appointed by the Minister or another body? At this stage, people are saying we have enough other bodies and it should be a direct appointment. However, this would be done within the specific range of experiences mentioned in legislation. The section states that two...