Seanad debates

Thursday, 26 November 2015

Commencement Matters

Charities Regulation

10:30 am

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael) | Oireachtas source

On behalf of the Minister for Justice and Equality, Deputy Fitzgerald, I thank Senator Mary Ann O'Brien for raising this important issue. The Minister regrets that she cannot be present here this morning because of pressing issues.

The Charities Regulatory Authority was established as an independent agency on 16 October 2014 under the provisions of the Charities Act 2009. The aim of the authority is to provide better regulation of charitable organisations through a framework of registration, regulation and support. This framework is intended to enhance public confidence in the vast majority of charities who do immense work to improve outcomes and circumstances for those they are established to help. As was indicated by the Minister for Justice and Equality on the establishment of the authority, it has a wide range of functions under the Charities Act 2009, which are being introduced on a phased basis, beginning with the compilation of the statutory register of charities. The initial priority of the authority was the development of the register. Some 8,500 CHY charities with tax exemption status were registered automatically on the register of charities on the establishment of the authority. In addition, any charity established before 16 October 2014 and not automatically registered must apply directly to the authority for inclusion on the register by 16 April 2016.

The authority has undertaken a variety of work since its establishment, including the establishment of the register of charities and a fully online system for registration and annual reporting by charities; communication with the 8,500 CHY charities with tax exemption status regarding the additional information and legal documentation required to support their registered status; development of an online system for organisations to apply for inclusion on the register of charities; provision of information to the charities sector on its obligations and duties under the new regulatory regime; and the continuation of services hitherto provided by the commissioners of charitable donations and bequests for Ireland.

The range of services to be provided by the authority is being developed on an ongoing basis. These services include the development of an annual reporting framework for registered charities, the development of a monitoring and compliance programme and the development of the investigative role of the authority under Part 4 of the Act, which has not yet been commenced. The register, when more advanced, will underpin the investigative and other regulatory work of the authority. In the meantime, the authority has put in place an interim process for the handling of complaints it receives about suspected abuse of charitable status or fraud in charities.Under this process, all complaints received in writing will be subject to an initial review and assessment by the authority to determine whether any further action is appropriate. The Minister for Justice and Equality is committed to ensuring the authority has the necessary resources available to enable it to fulfil its statutory mandate. Significant additional resources and a budget allocation for 2016 of €2.665 million, which represents an 88% increase on the allocation for 2015, are being made available to the authority. This includes additional funding of €1.25 million which will enable an expansion of staffing levels and other resources available to the authority in 2016. The approval of additional staff for the authority during 2015 and the provision of significant additional resources in the 2016 Estimate to facilitate the recruitment of further staff amount to clear evidence that the Minister is determined to ensure the authority is appropriately resourced.

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