Seanad debates

Thursday, 11 December 2008

Charities Bill 2007: Report and Final Stages

 

12:00 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Fine Gael)

I welcome the opportunity to contribute to the debate on human rights. Our human rights aspirations should be reflected in legislation. In recent months, organisations that promote human rights in Ireland have been attacked. This is clear from the reduced funding and budgetary changes in respect of the Irish Human Rights Commission, IHRC, which falls under the Good Friday Agreement, the Equality Authority and the abandonment of the Combat Poverty Agency. Given that people experiencing poverty is a human rights issue, any body that voices the concerns of the most vulnerable is a human rights organisation.

I welcome the Green Party's comments, but Senator Boyle's view of coalition government is questionable, given his support for the Bill and despite his statement to the effect that it is empty of an important element. Would a coalition partner not want to express its values? The Senator has spoken strongly on the value of human rights and his wish to change the legislation, but he is accepting a Bill devoid of an important element, namely, human rights.

Why is there such intransigence? Senator Ó Murchú has referred to his discomfort and the Green Party has asked the Government to change the Bill. The Minister of State has been contacted by a range of credible organisations with a long record of quality work in the protection of human rights in Ireland, including the Free Legal Advice Centres, FLAC, Amnesty International, Front Line and others. Why will the Government not accept their comments on including human rights in the Bill?

This week is the 60th anniversary of the Universal Declaration of Human Rights. After recent actions, the Government is missing a critical opportunity to restore the credibility of its approach to human rights. The arguments are spelled out by those working in this area. Why did the Government remove the advancement of human rights from the Bill? If it had to do with tax concerns or Front Line's arguments, they can be addressed easily. Its exclusion and the consequential impact on the work of human rights organisations give rise to a range of concerns. They will be undermined and presented with further difficulties. They are concerned that they will be excluded if human rights are not included in the Bill.

I wish to place on record some of the concerns of Front Line, Amnesty International, the Irish Council for Civil Liberties, ICCL, and FLAC. If the advancement of human rights is not reinstated in the Bill, problems may arise. Since human rights will not constitute a charitable objective, organisations engaging in its advancement will find accessing funding more difficult, given that foundations and donors require clarity regarding charitable status. Will the Minister of State inform the House about how organisations will be able to address this matter?

Like my colleague, Senator Buttimer, the organisations pointed out that the advancement of human rights is a recognised charitable objective in the UK, including Northern Ireland. According to them, the Bill will undermine the principle of equivalence in the Good Friday Agreement. Will the Minister of State respond to this serious issue? United Kingdom organisations that advance human rights will be able to promote their aims in Ireland, but Irish organisations will not be able to benefit from such promotion. That they will be placed at a disadvantage is immediately evident.

Many Senators will have received the organisations' document which states that organisations have a charitable exemption for education, religious or humanitarian work. However, were they to frame their work in human rights terms, the regulator would be able to remove their charitable status. If non-governmental organisations are to retain their status, they will be in the bizarre position of trying to deny that their work includes the advancement of human rights. This is a serious problem. The organisations also claim that they could be subject to malicious complaints to the charities regulator to the effect that they are not working to advance human rights. While I am sure the Minister of State is familiar with these concerns, will he explain how the organisations will deal with them if changes to the Bill are not made?

The organisations estimate that an amazing array of Irish charities, 60 to 200 in total, may have their work with the vulnerable affected by the exclusion of human rights as a charitable purpose. Reviewing the legislation in five years is not good enough as damage could be done in the meantime. Given the week that is in it, the Government has an opportunity to begin making amends for the damage it has done to human rights in recent weeks, as eloquently referred to by Senator Norris. Will the Minister of State review the decision?

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