Seanad debates

Thursday, 11 December 2008

Charities Bill 2007: Report and Final Stages

 

12:00 pm

Photo of David NorrisDavid Norris (Independent)

That is why I asked my initial question about the number of amendments. I accept that many of these amendments may well strengthen the Bill. This is not the first time the Bill has made the rounds because it was proposed before the last election so there was that period to look at it. There was the period between the two Administrations and the period when the Bill was being prepared before it was presented to this House, yet 75% of the amendments are Government amendments.

That leads me to the Minister of State's argument that it is all about technical difficulties with tax. It is an argument I can understand, that in order for this amendment to be sustained, it would necessitate changes in tax law, which is not under the remit of the Minister of State, but rather that of his colleague, the Minister for Finance. That should have been explored with the Minister for Finance and the appropriate assurances should have been given by the two Departments.

It is very welcome that this House is absolutely pulsating at present with young blood, in the corridors and in the Public Gallery. While I am not inviting our guests to make a contribution, I wonder what they think of a Government that is turning its face against allowing sport to be considered, particularly the type of amateur sport that many of them may be engaged in, and preventing that from being recognised as a legitimate charitable purpose. I would not like to shock them too much, but I reveal at this point that later we will be looking at the question of excluding human rights. What a celebration of Human Rights Day, which was yesterday.

We very often look to our United Kingdom colleagues for models of legislation. Very often this is a form of legislative laziness. We just take down the UK Bill and stick it in here with a few harps and things around it to make it Irish. However, in the Northern Ireland legislation, this matter is addressed. The proposed definition of "charitable purpose", to be found in clause 2 of the Northern Ireland Bill follows closely the broad definition of the English Charities Act 2006, with new references included to the advancement of amateur sport. That, I believe, addresses all the matters raised by Senator Ó Murchú and should assuage his doubts because it clearly points in the direction of amateur sport. If they can do it 90 miles up the road, I do not see why we cannot do so, particularly given that we are so anxious to have a united Ireland.

I notice that every day we are widening the gap in legislation between the two jurisdictions in Ireland. I wonder when I hear people talking about boycotting Newry whether they are committed to a Thirty-two County Ireland. It does not sound to me like an all-Ireland republic, unless they propose to isolate Newry as some type of curious principality, such as Andorra or, indeed, that oddest of all states, the Vatican. I am sorry, but I could not resist the dig.

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