Ivana Bacik (Independent)

I am grateful to the Minister of State for clarifying the purpose of the amendment. I apologise that I did not have an opportunity to speak on this matter on Committee Stage because I wish to express a concern about the wide-ranging powers that are given to the authority after consultation with the Garda Síochána. What causes me alarm is the exclusion of any reference to the advancement of human rights as a recognised charitable purpose, despite the numerous Opposition amendments tabled to that effect. Given such an exclusion, an organisation that is deemed to be a charity because it currently exists, although its primary purpose is the advancement of human rights, may be deregistered under the new section 43. It may be deregistered where the authority, after consulting with the Garda, considers that its promoting purposes are contrary to public morality or contrary to public policy.

My general concern about both the existing section 43 and the Government amendment under discussion is that the powers bestowed are too broad and the criteria too vague. In particular the reference to public morality and public policy could easily be used effectively to deregister a charitable organisation that is in existence at present and is deemed registered but the primary purpose of which is the advancement or protection of human rights. If such an organisation in such a capacity is critical of the Government in some way, it could at some point be deemed, therefore, to be acting contrary to public policy or public morality. Those terms are too vague and the power is too broad. I have a concern about it, especially in the context of the amendments that were defeated earlier.