Results 5,721-5,740 of 6,728 for speaker:John Curran

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

John Curran: I have given serious thought to this issue. One of the key principles of the Bill is to improve transparency for the benefit of the public regarding the operation of charities. Accordingly, section 77 requires the charity appeal tribunal to hold its hearings in public. I have given this much consideration. In particular circumstances where privacy is considered to be an issue, the Bill...

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

John Curran: I do not at all disagree with what Senator O'Toole said, but the point, in trying to bring the legislation forward, is to strike the appropriate balance. We are trying to maintain transparency and confidence in the sector and, at the same time, we have made specific provisions that the identities do not have to be revealed and, more importantly, on the associated issue of the auditor being...

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

John Curran: Without going into the specific point, all aspects of the Bill have been with the Attorney General. It is not as though he is not aware of this, but to go back to the designation of charitable purposes, it came about because the purpose of the Bill was to try to put a structure to what was happening with a view to maintaining the status quo and reviewing within a mandatory period.

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

John Curran: It was a policy decision that the legislation would reflect what was happening and try to regulate it. As the Revenue Commissioners were the only body dealing with the registration of charities, they were consulted regarding the charitable purposes and that is reflected in the Bill. A policy decision was made that the legislation would reflect and maintain the status quo. Knowing it was a...

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

John Curran: I have outlined that it was a policy decision to reflect the practices. Revenue was consulted as to what the practices were. It is a policy decision to introduce this legislation to regulate charities. I know it is not what people want and they are looking to go somewhere else. That was not the policy decision. The decision was that we would reflect on what was happening.

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: There is a misapprehension that by automatically being included as a charity, one's tax situation will change. It will not. There is a clear distinction in the legislation. Anyone who currently enjoys tax status with Revenue automatically transfers but the majority of sports clubs do not. Those which may do, and which would have a status with Revenue, would have it for a specific...

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

John Curran: On Second Stage and in today's contributions, much has been read into the fact that human rights and social justice have not been included specifically as charitable purposes in the Bill. I want to allay the concerns that the Bill is seeking to diminish human rights organisations operating in the State. The charitable purposes, as set out in section 3, reflect those that have emerged in...

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

John Curran: In case anything new has emerged and in case there is anything further to the latest legal advice I have, I said I would refer amendment No. 7 to the Attorney General again. The advice I have is that the amendment is not necessary, but to be specific about it, I will check it. In section 3, the term "charitable purposes" mirrors the changes that have developed over many years and is used by...

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

John Curran: We are coming at this from slightly different points. Senator White said we are here with a clean sheet of paper and we can go anywhere we want, but the premise behind the legislation was to reflect what is happening currently, and primarily in that regard the Revenue Commissioners were the key people. Most of the discussion on what were deemed to be charitable purposes occurred around what...

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

John Curran: To answer that specific question, my advice on the charitable purposes did not come from the Attorney General.

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

John Curran: Prior to the publication of the Bill there was an extensive consultation period. The question of sporting bodies attracting charitable status did not emerge at that stage as a matter of any concern. The issue of sporting bodies being eligible for charitable status only emerged in recent weeks and this is surprising in some respects. I have a great appreciation of and involvement in sport....

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

John Curran: I refer to amendment No. 41. It is not that, as a member of a sports club, I would be unsympathetic to having a more favourable tax regime but this is not the way of doing it. It is a tax law that must be addressed. The Charities Bill makes the distinction between the two separate functions of Revenue and the charity regulator. In this amendment we do not have that. Senator Hannigan...

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

John Curran: The legislation is such that activities that are advanced as charitable purposes would have additional reporting responsibilities that do not apply at the moment. Charities have been unregulated in the broad sense for a long time. We are trying to preserve the status quo and to recognise the situation as it is, knowing that it is evolving. That is the reason for the mandatory review within...

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

John Curran: As I said, if that was removed there would be an obligation on every sporting body to register and be subject to all the regulatory control that goes with that. In reply to Senator Buttimer on the Special Olympics, any organisation that has a charitable status would retain that. Many sporting clubs that might have charitable status, for whatever reason, can also have it for the activities...