Ivana Bacik (Independent)

I welcome the opportunity to speak on my amendment No. 14 and related amendments, which seek to include the protection of human rights as a charitable purpose. I am disappointed because, when we debated the matter on Committee Stage, a number of points were strongly made. I look forward to the Minister of State's reply.

As others have stated, the Bill in its original form as the 2006 charities regulation Bill included the advancement of human rights as a charitable purpose. We do not know what has changed since then that would lead to that goal's removal. From our Committee Stage debate, it appears that no legal objection was made by the Attorney General.

As I stated then, it is the opinion of the human rights committee of the Law Society that the advancement of human rights should be included as a charitable purpose. Subsequently, I provided a copy of that submission to the Minister of State's office, as requested. Given these facts, that the opportunity to reinsert the provision was not taken is disappointing. I hope the Minister of State might accept one of the amendments.

As Senators have stated, this week is the 60th anniversary of the Universal Declaration of Human Rights. Given this, including the advancement of human rights as a charitable purpose would be fitting. It is unfortunate the Government has seen fit to attack human rights bodies by undermining the Irish Human Rights Commission and the Equality Authority and underfunding them next year. As pointed out by the charities that have briefed us — Front Line, the Irish Council for Civil Liberties, Amnesty International and FLAC — the charitable status of between 60 and 200 organisations could come under threat unless the protection of human rights is included as a charitable purpose.

While others have referred to this, it is important to note some of the difficulties those organisations will face. According to the Minister of State, current charities will retain their status, but this is subject to change and potential challenge. This is of concern to many groups that view their primary purpose as the advancement or protection of human rights. Even if they have charitable status, they may find it difficult to access funding because the advancement of human rights is not explicitly recognised in our legislation on charities. They may also find themselves open to malicious complaints to the charities regulator. Previous speakers referred to certain charities and took issue with particular views they expressed. I do not believe it is appropriate, in this debate, to take issue with different charities and stances they may have adopted. However, this shows the dangers involved and highlights that human rights-based charities may be the subject of complaints.

I thank the free legal advice centres, FLAC, for recommending to me the 2007 annual report of the Charities Commission for England and Wales which makes the point that human rights charities are more likely to have complaints made against them because of the high profile nature of their work. The commission also pointed out that human rights are seen as fundamental to the healthy functioning of society and that respect for such rights is generally seen as a moral imperative. That is a strong statement. It is also a strong premise on which one could base a list of charitable purposes.

The Minister of State did not provide an adequate explanation in respect of this matter on Committee Stage. He must indicate why he does not propose to reinsert a provision relating to the advancement of human rights in the Bill. He must also indicate why he is not following the legislative models adopted in other jurisdictions to which reference was made on Committee Stage. It is clear that we will be out of line with neighbouring jurisdictions when the legislation is passed. The principle of equivalence of protection of human rights under the British-Irish Agreement will be undermined if we do not include the advancement of human rights as a recognised charitable objective, particularly as it is so recognised in the UK and Northern Ireland.

The charities have pointed out that resources, including funds and volunteers, for human rights objectives may be diverted to neighbouring jurisdictions, particularly as they see those as having stronger protection for the advancement of human rights as a charitable purpose.

A great deal more could be said in respect of this matter. However, I do not propose to belabour the point. As a result of the Committee Stage debate, we know of no legal obstacle to the inclusion of the advancement of human rights as a charitable purpose. There is no indication that the Attorney General has objected in any way. We are aware that the advancement of human rights is included as a charitable purpose in neighbouring jurisdictions and that difficulties will arise under the British-Irish Agreement if it is excluded. The charities — those most affected — have pointed out the many problems they will encounter if the advancement of human rights is not included as a charitable purpose.

I urge the Minister of State to take on board the sentiments we have expressed, and those put forward so strongly by the Incorporated Law Society's human rights committee and others, and include the advancement of human rights as a charitable purpose.