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Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I do not disagree with the points the Deputy has made. When we go through the various amendments and have discussed them we also need to be conscious of the effect it will have on genuine charities. One of the things the Deputy has stressed all along was that we should not over-regulate. We want a balance. We have been in discussions with the sector to establish a non-statutory code of...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 100: In page 65, between lines 5 and 6, to insert the following: 87.—Section 28 of the Central Bank Act 1997 is amended by the insertion of the following paragraph in the definition of "retail credit firm" (inserted by section 19 of the Markets in Financial Instruments and Miscellaneous Provisions Act 2007): "(dd) a charitable organisation within the meaning of the...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 101: In page 65, to delete lines 24 and 25 and substitute the following: "2. (1) The Authority shall consist of not less than 9 and not greater than 15 members, of whom not less than 3 shall be persons, each of whom—". In discussions with my legal advisers, it was recognised that the new authority will have a considerable and varied workload, including the functions of...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I disagree with the amendment, not Deputy Ciarán Lynch, because it is overly prescriptive. I agree with the Deputy's suggestion that someone involved in charities be involved in the board, but the amendment calls for a full-time employee. I do not want the Bill to be so restrictive. Amendment No. 102 refers specifically to "One of the 9", but a greater figure may be appropriate. Being too...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: Now.

Charities Bill 2007: Fifth Stage (5 Nov 2008)

John Curran: I thank all contributors to the debate on this Bill, in particular Deputies Ring, Wall, Michael D. Higgins and Deputy Ciarán Lynch on behalf of Deputy Wall. I extend my appreciation to my predecessors, Deputy Noel Ahern, who published this long awaited Bill and brought it into the House and to the Chief Whip, Deputy Pat Carey, who dealt with Committee Stage of the Bill. Also, I thank the...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 53: In page 32, between lines 18 and 19, to insert the following: "(10) If a registered charitable organisation that is a body corporate is convicted on indictment of an offence, the Authority may remove from the register all of the information entered in relation to that organisation, and that organisation shall, thereupon, cease to be registered. (11) Where, in relation...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: On a general point, I reiterate that the purpose of the legislation is to support charities. However, the Government also acknowledges that the legislation regulates an area that has not previously been regulated. We have all referred to bogus and rogue operations which may or may not be charitable. If the legislation is to be effective in this regard, it must include provisions to deal...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 54: In page 32, line 20, to delete "subsection (7) or (8)" and substitute "subsection (8) or (10)". This is a purely technical amendment proposed on the advice of the Office of the Attorney General. The provision prevents a charity which has been removed from the register of charities from applying again for charitable status before the expiration of one year or such...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 55: In page 32, between lines 29 and 30, to insert the following: "41.—(1) Where the Authority, after consultation with the Garda Síochána, is of opinion that a body that is deemed to be registered in the register by virtue of section 39 is or has become an excluded body by virtue of its promoting purposes that are— (a) unlawful, (b) contrary to public morality, (c)...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 56: In page 32, to delete lines 30 to 44 and substitute the following: "42.—(1) A person whose application under section 38 is refused by the Authority may appeal the refusal to the Tribunal, not later than 21 days, or such longer period as the Tribunal may, for good and sufficient reason, determine, after service on the person of a notification in writing of the...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 57: In page 32, to delete lines 47 to 50 and substitute the following: "(2) A body (other than a registered charitable organisation) that, in any notice, advertisement, promotional literature or any other published material, describes itself or its activities in such terms as would cause members of the public to reasonably believe that it is a charitable organisation...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I thank the Members opposite for their comments. Deputy Lynch mentioned this long-awaited amendment. Amendment No. 57 was a long-awaited amendment because it was difficult to deal with the issue and there was much discussion, backwards and forwards, with regard to how to police something that is unregulated. I acknowledge there was a long wait. We consulted extensively on the matter and...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I accept the comments made by Deputy Ring. While I will refer the mass card issue again to legal advice, it has already gone through extensive legal advice without making the type of progress the Deputy seeks. However, I will seek legal advice on the issue again before the Bill goes to the Seanad.

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 61: In page 33, to delete lines 14 to 16 and substitute the following: "(6) It shall be a defence to proceedings for an offence under subsection (3) for the defendant to prove that—". The amendments to this section are technical amendments that are required in the context of the charitable organisations from EEA areas not having a principal place of business in the...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 62: In page 33, line 24, to delete "out" and substitute "on".

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 63: In page 33, to delete lines 26 and 27 and substitute the following: "(e) the notice, advertisement, promotional literature or other published material containing the description of which the offence is alleged to consist also contains a statement as to its place of establishment.".

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 64: In page 35, line 22, to delete "of a requirement". These are drafting amendments, proposed on the advice of the Office of the Attorney General in relation to section 43, which deals with the duty to keep proper books of account. Amendment No. 64 deletes a phrase that I am advised was unnecessary. Amendment No. 65 is a technical amendment for the purpose of clarity...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 65: In page 35, line 24, to delete "person" and substitute "person (other than the defendant)".

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 66: In page 35, line 25, to delete "that requirement" and substitute "this section".

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