Seanad debates

Wednesday, 26 November 2008

Charities Bill 2007: Second Stage

 

1:00 pm

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)

——I do not understand the reason in this case, and I ask the Minister of State to examine this again on Committee Stage. Human rights, as Senator Norris I am sure can say more eloquently than I, are of major importance and benefit to the community. I have had representations from the Irish Council of Civil Liberties and a host of other organisations which make very pertinent and strong claims. Under the provisions of the Bill, such an amendment could be inserted. I should like to hear the Minister of State's views on how its continued exclusion may be justified as an express category of purpose that is of benefit to the community. I look forward to his response in that regard.

Turning to the issue of protection of directors, trustees etc., I listened carefully to the Minister of State's address in this regard and noted what he said. However, this week I met members of Respond who raised serious concerns about the Bill, and claim it fails to provide specific protection for voluntary directors. They say that if an organisation such as Respond enters into a contract with a body such as the HSE, for example, and there is a withdrawal of funding, the trustees are liable for any deficit. I know that indemnity for trustees is provided for in the Bill, but I remain unconvinced in this regard, to be honest.

The exclusion of sporting clubs is a contentious point, with the Federation of Irish Sports calling for the inclusion of sporting organisations under the legal definition of a charitable purpose. Again, this is an area of benefit to the community, as people donate, bequeath legacies, leave money in wills etc, to such organisations. If, for example, a person leaves money to a charitable organisation, it goes straight to the body concerned. However, if it is left to a sporting club, a tax must be paid on it, which I believe is unfair — since sporting clubs are of major benefit to the communities they serve.

I also want to refer, as Deputy Michael Ring did in the other House, to the issue of bogus mass cards. I realise the Minister of State is examining this area and I hope he might table an appropriate amendment on Committee Stage. The Irish Missionary Union has been very proactive in this regard. The impression given is that the money for mass cards is given to a charity or direct to a beneficiary, but this does not happen, as the Minister of State knows. There is deception in this regard, and that needs to be addressed. Commercialisation of masses is not of benefit to the people involved, and I look forward to the response of the Minister of State in that regard.

Prior to this Bill being debated in the Houses of the Oireachtas, many organisations spoke to Members, and I want to pay tribute to them for their assistance and help. There are issues to be addressed. I hope this legislation will provide assistance for charities, for training on compliance issues and an easier regime.

Regarding the Competition Authority, the Minister of State has said appointments will be made by the Minister with the approval of the Government but can we have the election of representatives of charitable bodies to it? Inclusion Ireland is one such example which encompasses many charitable organisations providing services for those with a disability. I am worried, given the propensity of Governments to appoint their own to boards, that we will lose valuable people from charitable organisations. I mean no disrespect to the Minister of State, as I am sure he will appoint very good people, but if one looks at the scope of Government appointments, in the last ten years they have been predominantly Fianna Fáil members, with some members of the Progressive Denmocrats and the Green Party. I am concerned about this.

The promotion of human rights is of importance, as is the collection on Daffodil Day. These are of huge concern, not just to my party but to many others. I will table an amendment to section 91 of the Bill, and also one on the human rights issue because having spent many days fund-raising we need to protect organisations which offer an emblem or a token. I do not understand why the issue of human rights is not dealt with in the Bill. It is a grave mistake. In the budget the Government cut the allocations to agencies and I wonder if we are eroding the importance of human rights issues by stealth. I hope we are not. I do not mean to be cynical but the advancement of community would benefit from having the issue of human rights dealt with in the Bill.

I thank the Minister of State for his work on the Bill and his courtesy in providing for a briefing. I also pay tribute to his officials who were very courteous and helpful. There is a consensual approach. I do not agree with everything included in the Bill and have some reservations, but welcome the general thrust of the Bill. Having spent years as a member of boards, I know there is a need for regulation, accountability and transparency and that many charities which have not had these are worried and have a right to be so. If we are dealing with money and people, we need accountability.

This is very important legislation which is long overdue. There will be a consensus approach on this side of the House. I look forward to the next Stage of the Bill when we can tease out anomalies. We will not oppose the Bill on Second Stage.

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