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

John Curran: I accept the comments made by Deputy Ring that the regulator should not be dealing with the charities on a day by day basis. However, at the outset, the charities expressed some concern that this process would be cumbersome. Consequently, much of what is being done in respect of the establishment and enactment of this legislation is to facilitate charities. There will be a bedding-in...

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

John Curran: I thank Deputy Ring for withdrawing the amendment. We will be working in close co-operation with charities during the bedding-in period over the first year or two. I remind the Deputy that a five-year review of the legislation is built into it. The emphasis of the legislation and the set up of the charities regulatory authority is intended to be easy for charities to use. That is evident...

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

John Curran: I move amendment No. 26: In page 14, line 37, to delete "of charitable trusts and the property".

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

John Curran: I move amendment No. 27: In page 18, line 44, to delete "2001" and substitute "2007". Amendments Nos. 27 to 29, inclusive, are technical with the purpose of updating on the basis of legal advice the reference to employment legislation that pertains to any staff transferring in due course from the Office of the Commissioners for Charitable Donations and Bequests to the new charities...

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

John Curran: I move amendment No. 28: In page 18, line 47, to delete "1973 to 2001" and substitute "1973 to 2005".

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

John Curran: I move amendment No. 29: In page 18, line 47, to delete "1977 to 2001" and substitute "1977 to 2007".

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

John Curran: I gave the amendment much consideration because a number of people raised the issue. The potential impact of the legislation on collections in aid of local or international tragedies has already been discussed on Committee Stage. The Bill does not change the current situation on spontaneous collections. What has applied up to now in regard to such collections will continue to apply. As it...

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

John Curran: While I accept the points made, there is provision to enable the regulatory authority to impose fees. It is not obliged to do so. The advice to me stipulates it would be remiss not to include such an enabling clause, although it will ultimately be a matter for the Minister to make a decision should the authority request that the clause be invoked. I do not propose to provide in primary...

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

John Curran: I move amendment No. 32: In page 26, line 28, to delete "A charitable organisation" and substitute "Subject to section 39, a charitable organisation".

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

John Curran: I move amendment No. 33: In page 26, to delete lines 39 and 40 and substitute the following: "(b) in the case of an application by, or on behalf of, a charitable organisation that— (i) is established in the State, (ii) is established in a state (other than an EEA state), or (iii) is established in an EEA state and that has a principal place of business in the State, specify the name of the...

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

John Curran: I move amendment No. 34: In page 28, to delete lines 6 and 7 and substitute the following: "(o) contain such other information (if any)— (i) as the Authority may reasonably require to enable it to perform its functions under this Act, and (ii) as may be prescribed by regulations made by the Minister, and". The Bill already specifies the information the organisations must provide at the time...

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

John Curran: While I accept the Deputy's point, I reiterate strongly that the emphasis of the Bill is not to make life difficult for charities but to facilitate them every step of the way. This should be evident from the amendment we made this morning, if nothing else, which deemed existing charities registered with the Revenue Commissioners to be transferred automatically to the new authority. One...

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

John Curran: I move amendment No. 35: In page 28, to delete lines 9 to 11 and substitute the following: "(6) Subject to subsections (7), (9) and (10) and section 39, the Authority may, as soon as practicable after it receives an application in accordance with this section, grant the application and enter in the register—". Government amendments Nos. 35, 39 and 40 are required for the removal of any...

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

John Curran: I move amendment No. 37: In page 28, to delete lines 12 and 13 and substitute the following: "(a) in the case of a charitable organisation that— (i) is established in the State, (ii) is established in a state (other than an EEA state), or (iii) is established in an EEA state and that has a principal place of business in the State, the name of the charitable organisation, its principal place...

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

John Curran: I move amendment No. 38: In page 28, line 14, to delete "premises" and substitute "premises (if any)".

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

John Curran: I move amendment No. 39: In page 28, to delete lines 24 to 26 and substitute the following: "and a charitable organisation shall stand registered for the purposes of this Act upon the performance by the Authority of its functions under this subsection in relation to the charitable organisation.".

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

John Curran: I move amendment No. 40: In page 28, between lines 26 and 27, to insert the following: "(7) The Authority shall refuse an application under this section unless it is satisfied that the applicant is a charitable organisation. (8) Where the Authority makes a decision to grant an application under this section, it shall, as soon as may be thereafter, notify the applicant in writing of the...

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

John Curran: I move amendment No. 41: In page 28, line 29, to delete "charitable trust" and substitute "charitable organisation". This is a technical amendment. The term "charitable organisation" is broader than "charitable trust" and is therefore more appropriate.

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

John Curran: I move amendment No. 42: In page 29, to delete lines 14 to 45. Amendments Nos. 42 and 45 are technical drafting amendments on foot of the advice of the Parliamentary Counsel. The original provisions have been moved for presentational purposes. It is considered that these provisions would sit better in their own section, coming after the sections dealing with registration and determinations...

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

John Curran: I move amendment No. 43: In page 29, after line 48, to insert the following: "(17) The Authority shall, as soon as may be after the registration by it in the register of a charitable organisation that is a company, notify the registrar of companies in writing of such registration.". These amendments were drawn up following discussions with the Department of Enterprise, Trade and Employment...

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