Results 5,561-5,580 of 6,728 for speaker:John Curran

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: I am very conscious that the new charities regulatory authority will face significant challenges. In addition to its broad regulatory and supportive role, the new authority will also be taking on the complex functions of the Office of Commissioners of Charitable Donations and Bequests for Ireland, which is to be dissolved. For this reason the new authority must be able to draw on a wide...

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: I know the Deputy will not divide the House, but on a point of clarification, as I said in the Seanad, this is an enabling measure which says the authority could comprise as many as 20 members. That does not mean that it will. It would be remiss of us not to have that provision and have to come back with further legislation. However, it is not the intention that the authority will...

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: This has been complex legislation. We are trying to regulate a system that has been around for a long time and obviously are trying to maintain confidence in the charity sector, with transparency and so forth, without adding undue burden. It is in that context that we realised at an early stage there would be a requirement for a mandatory review in five years' time. It has proven to be...

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: We have enhanced the Bill to a considerable extent. Having to come back here with 83 amendments sounds an enormous task, but that was because of the spirit of co-operation. It is somewhat unusual to have so many of our own amendments, but that was to try and accommodate people, as far as possible. The Bill we have passed here today has improved as a result of those changes.

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: On Report Stage in Dáil Éireann I introduced an amendment that was developed to offset a possible risk that the Bill, as previously worded, might act as a significant impediment to convention securitisation activities in Ireland. Following further interdepartmental consultation and discussions with legal advices since then, it was decided during the passage of the Bill through the Seanad...

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: The grouping includes amendments that relate to the new register of charities. It is recognised that the establishment and maintenance of the register will give rise to costs. The purpose of amendment No. 13 is to allow greater flexibility in the future in terms of maintaining the register of charities. The amendment specifically seeks to give the authority, when directed by the Minister,...

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: If a GuideStar were to be established in Ireland with public funding this amendment is merely an enabling provision that would allow a direction to the authority. In current times there is no guarantee that such a situation will occur but it would be remiss of us not to take the opportunity to include it in the primary legislation.

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: Amendments Nos. 14, 15 and 50 are very similar and are inserted on the basis of legal advice. They propose to use the word "enactment", which encompasses a wider range of legal provisions than the current word "statute".

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: More or less. In one sense the Deputy has jumped ahead slightly to the next amendment which gives more detail on the grounds on which they might be removed. Seanad amendment No. 32 is to specify that the body must be notified in writing. The next Seanad amendment No. 32 relates more specifically to the point Deputy Ring is raising.

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: Yes. The tribunal may make binding recommendations to the authority or the appellant.

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: Absolutely.

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: This group of technical amendments relates to the audit provisions. Amendments Nos. 41 and 42 are linked. They effect no substantive change to the provision. The reference to subsection (3) is simply being moved within the subsection. This subsection provides that even though a charity may be below the audit threshold designated by the Minister, the authority may direct the charity to...

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: Amendments Nos. 48 and 49 as passed by the Seanad, which I am putting before the Dáil today, allow the Minister to prescribe the information to be included in annual reports submitted by charities and set out in more detail what the Minister may prescribe under the regulations in this regard. These amendments already passed by the Seanad provide sufficient flexibility and control with...

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: I agree with the sentiments of the Deputy. However, I was conscious of the fact that not all charities are fully voluntary and that some have paid professionals. I take the point made by the Deputy. If the charitable purpose of an organisation changes there is an onus on it to make those known to the authority. Amendment No. 49 provides for the Minister to prescribe the information to be...

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: These are essentially presentational amendments consequential upon each other. They did not change the subsection in any substantive fashion. It will still be an offence for a charity trustee or employee to comply with a direction from a person not qualified to act as a charity trustee unless the person has reasonable grounds for not knowing that the person was not so qualified.

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: The matter of the position of auditors of charities was raised by Senator O'Toole in the Seanad and Deputy Ciarán Lynch in the House on Report Stage. The concerns were that the Bill would allow charity trustees to audit their charities. This was not the Government's intention. Instead, the aim was to ensure that where independent auditors of charities were party to offences that such...

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: The amendment emerges from a desire to ensure that the new regulatory regime operates in an efficient way, allowing for the sharing or pooling of resources where possible to ensure value for money and to avoid unnecessary duplication. In this context, it is recognised that there is already in existence a number of appeals structures across several regulatory regimes and that it may be...

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: During the passage of the Bill through both Houses I noticed there is great appreciation of the vital role that trustees play in the operation of charities. I am also aware of the need to protect the interests of trustees of charities. I wish to ensure that they are not made unfairly liable for commitments they enter into in good faith on behalf of charities. I also wish to ensure that...

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: In the legislation there are two specific aspects to cover regarding the welfare of trustees. The concern was raised that trustees could not leave themselves exposed and liable. There is the option of insurance to indemnify them but there is also this new section which relates to trustees who have acted honestly, reasonably and in good faith to ensure that they would not be liable.

Charities Bill 2007: From the Seanad (Resumed) (11 Feb 2009)

John Curran: These amendments are redrafting and technical amendments, consequential upon each other, that are being inserted on the basis of legal advice. The purpose of the amendments is to clarify that the provisions of the Bill do not apply to begging or receiving alms by individuals.