Alex White (Labour)

I welcome the Bill. As other Members said, it will introduce a regulatory regime which will serve the interests of the public and charities, and in that regard it is to be welcomed.

I welcome the Minister of State, Deputy Curran, to the House in respect of his introduction of this important legislation. As acknowledged by other Members, we have a proud tradition of charitable donation in this country. Many of our charities fly the flag for Ireland, domestically and internationally. Organisations such as Trócaire, Concern and the Niall Mellon Trust have acted as ambassadors, attracting international admiration for the superb work they do in developing countries. Domestically, the Irish Cancer Society and the Society of St. Vincent de Paul are two examples of the breadth of charitable activity in our society.

Inevitably, we must reflect on the fact that, in the context of the latest round of cutbacks, many of which are essentially targeted at some of our most vulnerable citizens, our charities will be called upon more than ever to fill the gap in services that should be provided by Government. It is ironic that this Bill should come before us now. A proper regulatory regime is long overdue for many reasons, many of which have been outlined by my colleagues and, in fairness, the Minister of State.

It is unfortunate that there are those who exploit the goodwill of Irish people while posing as agents of charities when in reality they are bogus. This affects the credibility of genuine charities, in particular those that are not so well known but which do invaluable work in their field of endeavour. The Bill will go a long way to addressing this problem through the creation of the regulatory authority which will oversee compliance with the legislation. Central to this is the register of charities which will be maintained by the authority and open to the public to view, which is an important aspect of this legislation. The unique registration number for each charity, be they Irish or foreign but operating in Ireland, is one of the measures that will improve transparency. This is supported by the authority's role in regulating fundraising activity by issuing permits and updating the regulations to account for modern collection methods. The authority will also promote good administration practice within charities and require them to keep proper accounts.

It is legitimate for the public to ask what is being done with the money collected by charities and if it can be better spent. Charities are not immune from the need to be efficient and transparent. The authority will have powers to investigate and sanction, where appropriate, those posing as charities. The regulation of trustees is an important provision. The proposed register of disqualified persons, which will be available to the public, is another measure that will foster confidence in the sector.

I note the authority will also have an advisory role, in particular with smaller charities that may struggle to meet their new obligations under this legislation. The appeals mechanism provided for in the Bill is an important counter-balance to the authority but we must ensure it is effective as an appeals body and is not simply a body that rubber-stamps the authority's determinations.

I hope this Bill will be the first step in addressing the issue of charities paying VAT. Lack of a proper regulatory and registration regime for charities was a major impediment to this being achieved in the past. It is hoped also that following a suitable period during which the legislation will take effect, the Government will return to this matter. I welcome in particular the decision not to restrict the advocacy role of charities. This would have seriously hindered their effectiveness on the ground and as a force of civil society raising public consciousness about the many ills in our country and around the world.

I want now to raise a particular matter with the Minister of State. I am effectively reiterating what has been said by some of my colleagues, in particular, Senators Buttimer and Norris, namely, the inexplicable and as yet unexplained omission or deliberate exclusion by the Minister of human rights from the lengthy list, referred to a few moments ago by Senator Ó Domhnaill, as purposes of benefit to the community. Senator Ó Domhnaill seemed to think that because that list includes some areas that might avail of human rights organisations, they should be assured by this. They cannot be assured by that. The Minister was asked during the debate on this Bill in the Dáil to include human rights as a sub-category and decided not to do so. Anyone who examines this legislation following enactment can only come to the conclusion that a deliberate attempt or positive decision was made by Government to exclude it. There is no point suggesting human rights fits into this somewhere between subsections (a) and (j) of section 3(8) . That is nonsensical. I say that with respect to my colleagues. Ultimately, it is not the case that one can find a place for human rights organisations, their having been directly and knowingly excluded by the Minister when this matter was dealt with in the Dáil. I hope the Minister will revisit this issue. There is no reason he should not do so.

The explanation that has been given is not satisfactory or convincing. I say that with respect to the Minister. The explanation given was that the Bill was seeking neither to narrow nor broaden the purposes that have emerged through case law down through the years. As Senator Norris pointed out, the Minister has added a particular category in terms of the inclusion of environmental organisations. It is not true to say that some categories of organisations have not been included by way of direct decision of the Minister. There is nothing that would prevent the Minister including human rights organisations or at least including human rights as a purpose. We are speaking not about listing organisations in legislation but about listing categories of activity, which is an important point. The organisations concerned are not lobbying politicians specifically in regard to their own organisations although they would benefit were such provision to be introduced. It is the wider principle that is important. It is a fundamental and important principle, as pointed out by other speakers.

A noteworthy article in today's edition of The Irish Times relates to a speech made yesterday, in the context of the 60th anniversary of the Universal Declaration of Human Rights, by President McAleese who quite rightly pointed to the importance of strong laws and accessible mechanisms for the vindication of human rights and how important these elements are in ensuring a human rights culture. It is extraordinary that the Government should omit or, as I said, decide deliberately to exclude human rights as one of the categories under section 3(2) of the Bill. I ask that the Minister revisit this issue. I know he is a reasonable person and that he understands the arguments put to him. If he is not inclined to respond positively at the end of this debate perhaps he will do so on Committee Stage.

I reiterate, with respect to the Minister of State, that the explanation given so far is simply not convincing. I will not on this occasion go so far as Senator Norris but I will sit back and invite the Minister to give us an explanation that is persuasive and convincing. In the absence of such an explanation, I too would have to conclude that there is some other reason for excluding this area of activity from the Bill. What could it be? Of course, people are entitled to speculate as to what it might be.

In recent weeks a number of human rights organisations and organisations involved in related activity have been undermined. Some have been abolished by Government in the course of the past few weeks. Reference is often made to the human rights industry and to other pejorative type descriptions of organisations that are involved in this area. I do not for one minute attribute that to this Minister but it is the type of debate and argument that is taking place. It is not worthy of the Government to take this type of approach. I hope the decision made in the context of this Bill is not reflective of this type of attitude towards human rights and the promotion of human rights, so ably and eloquently upheld by the President of Ireland in her speech yesterday.

On the objectives and purposes set out in the Bill, the Minister makes the point in his speech that the list of four draws on case law over many years and what are described as the Pemsel categories of charitable purposes, which as we all know go back a number of centuries to the beginning of the 17th century. I do not know if there was much of a premium in the early 17th century for human rights, but I doubt it. We have come a long way since. It is not convincing to suggest, as Senator Ó Domhnaill has — I am sure with the best will in the world — that the purpose of human rights is to be found in any of these subsections, the Minister of State having decided to exclude them.

It has been mentioned that the advancement of environmental sustainability has been included. One of the other purposes included in section 3(8)(j) is "the prevention or relief of suffering of animals". I entirely agree with its inclusion. However, if we are prepared to include a purpose that relates to the prevention or relief of suffering of animals, people are entitled to ask why we cannot also include a category that relates to the prevention or relief of suffering of humans. That question requires to be answered.