Catherine Noone (Fine Gael) | Oireachtas source

I welcome the Minister of State to the House. As outlined by previous speakers, the Charities Act 2009 is positive legislation. From speaking to people in charities and the various managers who came to meet me recently when investigating other matters, I am heartened to see that there is support for the legislation within the sector, which is welcome. I commend the Labour Party Senators for bringing forward this motion and that the progression of this legislation is continuing to get attention both in this Chamber and in the media. It is important legislation which I hope to see implemented in the near future.

One of the more important aspects of the Act, namely, the creation of the charities regulatory authority, is a vital step and I hope it will be established soon. The preparatory work has taken place in that regard and I hope the resources will be available soon to put it into practice. In 2011, most of the Act, including the establishment of the authority, had to be deferred as a consequence of the perceived need for staffing and financial resources which were not available. At meetings I have had with various charities and organisations the importance of the establishment of the authority is reiterated constantly and it is something of which we must be mindful

A related aside is the recent closing down of the Irish Nonprofits Knowledge Exchange, INKEx. It provided a useful function as an over-arching body which produced data in the charitable sector. I was sorry to see that service having to shut its doors this year and I hope a similar service will take its place as it serves a useful function.

Another important aspect of the legislation is the reserve power in the Charities Act regarding the Minister for Justice and Equality having the capacity to introduce statutory regulations relating to the manner and conducting of fund-raising. That is absolutely necessary. I have spoken on numerous occasions both in this House and in the media on the issue of on-street fund-raising or "chugging", as it is informally known. Many jurisdictions are now bringing in binding rules of governance for that practice. For those Members who are not aware of "chugging", it refers to the people who locate themselves sometimes on four different corners of the same street where one cannot avoid them. They want people to sign up to direct debits. Many jurisdictions are bringing in binding rules to govern that practice such as a limit on the number of people engaging in the practice on a particular street or in a particular town, a limit on the number of steps they can follow somebody and such other measures.

While I am aware that the guiding principles for charitable fund-raising state that the charity will take care not to cause unreasonable nuisance or disruption in its fund-raising efforts, to date the voluntary code of conduct has not been particularly effective. In private briefings with a number of other charities it is clear they believe they are being tarnished by association, and they are seeking a level playing field with clear rules and established boundaries for all.

While aggressive fund-raising on streets can provide a short-term financial hit, it can also provoke brand damage in the long term, as some charities are now seeing, with noted decreases in the number of hours being put in by volunteers in instances where they are also paid as street fund-raisers. In terms of the rationale, why should people stay on the street with a bucket trying to raise money for a charity when they can raise money for the same charity and earn some money for themselves at the same time? The charities will need to put in place a level playing field in that regard and it is something that should be examined.

I am supportive of this legislation for the reason my colleagues and I have outlined, namely, that it is necessary. I commend the Senators for bringing forward the motion and thank the Minister of State for her attendance.