Seanad debates

Wednesday, 26 November 2008

Charities Bill 2007: Second Stage

 

1:00 pm

Photo of Brian Ó DomhnaillBrian Ó Domhnaill (Fianna Fail)

I commend the Minister of State, Deputy Curran, on the work he has initiated since entering office. The Charities Bill 2007 will reform the charities sector and will provide protection to those engaged in charitable activities and who collect money for charitable purposes. Its purpose is to bring about a reform of the law relating to charities to ensure accountability and to protect against abuses of charitable status and fraud. It will also enhance public trust and confidence in charities and increase transparency in the sector. Together with the Charities Acts 1961 to 1973, the Bill will provide for a composite regulatory framework for charities through a combination of new legislative provisions and the retention of existing charities legislation, with updating, where appropriate.

The Bill makes provision in respect of a number of key issues. For the first time, a definition of "charitable purpose" is being included primary legislation. In addition, a new regulatory authority to secure compliance by charities with their legal obligations and also to encourage better administration of charities will be established and a register of charities with which all charities operating in the State must register will be set up. The Bill will minimise also the administrative burden placed on charities where possible. I welcome this development because those involved with charities often give their services voluntarily and are not paid for their efforts.

The Bill provides for the establishment of a charity appeals tribunal, the dissolution of the Commissioners of Charitable Donations and Bequests for Ireland upon the establishment of the new regulatory authority and the transfer at that stage of its functions to the authority. All jurisdictions previously vested in the Attorney General by statute or common law in respect of charities will be transferred to the new authority. As a result, clarity will be provided for many charitable organisations and registered charities.

I am sure that, like me, other Members received representations welcoming the legislation. However, issues that could also be described as matters of concern have also been raised. We take on board people's concerns. In my opinion, the Bill gives the concept of charitable status a new meaning. For the first time, the phrase "charitable purposes" will be fully defined in primary legislation as follows: the prevention or relief of poverty or economic hardship; the advancement of education; the advancement of religion; and any other purpose that is of benefit to the community. The term "any other purpose" refers to the advancement of community welfare, including the relief of those in need by reason of youth, age, ill health or disability; the advancement of community development, including rural or urban regeneration; the promotion of civic responsibility or voluntary work in the community; the advancement of conflict resolution or reconciliation; the promotion of religious or racial harmony and harmonious community relations; the protection of the natural environment; the advancement of environmental sustainability; the efficient and effective use of the property of charitable organisations; the prevention or relief of the suffering of animals; the advancement of the arts, culture, heritage and sciences; and the integration of those who are disadvantaged and the promotion of their full participation in society.

A number of groups and organisations relayed concerns to Members about their activities not being covered under the legislation. In light of the wide range of matters in respect of which provision is made in the Bill, however, those concerns will be allayed.

As already stated, the Bill will minimise the administrative burden placed on charitable organisations. I welcome the initiative taken in this regard. The work of charitable organisations tends to be voluntary in nature and any reduction in or minimisation of their administrative burden is welcome.

The esteemed Senator Norris referred to sporting organisations. I am involved with many such organisations in the area of athletics, Gaelic games, etc., and they are close to my heart. As a director of the Donegal sports partnership, I am acutely aware of the need to afford protection to sporting organisations. Sporting bodies, as defined under the Taxes Consolidation Act 1997, are being excluded from being charitable bodies under the Bill. Their current status will not change and they will remain the subject of a separate tax exemption regime operated by the Revenue Commissioners. This will allow each sporting organisation to qualify, on merit, for tax exemption.

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