Seanad debates

Tuesday, 25 June 2024

Charities (Amendment) Bill 2023: Second Stage

 

1:00 pm

Photo of Eugene MurphyEugene Murphy (Fianna Fail) | Oireachtas source

I may not use the ten minutes.

Fianna Fáil welcomes the support for the Bill. We all know that charities play an integral role in the provision of services to our communities. Where would we be as a society without all the work that is done in areas of great need, whether it is cancer, heart diseases or whatever else, in a voluntary capacity up and down this country? Those people have done us all a great service. The Bill is needed, as Senator McDowell said. I have a few issues of clarification on it but, in general, most of what is in it is positive and needed. We only have to think of the massive amount that is raised through our charities. It is important that we have proper regulation as regards all the money that is involved.

I was talking to a trustee of an organisation the other night. We were talking about this amendment Bill and she said to me that it will put extra responsibility and duty on people who will not want to be trustees, but, actually, that is not true. I know there are a number of amendments relating to charity trustee duties, but it is really important to distinguish that these are not new or additional duties. They are already in place. We should avoid the confusion and send the message to people that this is not something new and that it is just to tighten up everything and make sure that everything is run in a good and proper way. There are statements of duties to which charity trustees are already subject under common law. Including them in statute will further enhance and empower both existing trustees and potential trustees by giving them greater clarity in respect of roles and responsibilities.

The Bill also takes account of the operational experience of the Charities Regulator in the years since it was established in 2014. There have been some specific instances where the regulator has not had the sufficient powers available to it to deal directly with a known issue. We are all aware of those types of situations. For example, the Bill seeks to clarify and strengthen the regulator's powers to intervene when there is no effective management or board oversight in a charity. I welcome that, and the Minister of State will probably clarify that when he replies.

Up and down this country, all of us are aware of people who get together in a community and do a fundraiser for the Irish Cancer Society or the Mayo Roscommon Hospice. Researching this, I see that our county of Roscommon is second in the country only to Laois in giving to charities, so we have a good name in that regard in the county, and many people get involved in fundraising. Sometimes, however, people take it upon themselves within a community to raise money for a particular cause, and I am not casting any aspersions on anybody, but it would be important that this Bill would not interfere with what they do. I advise people in that regard, say, if they are raising for the Mayo Roscommon Hospice, to be sure they invite along somebody from the hospice or from the board, a trustee of their organisation or whatever because that would be important as well.

I am on the Oireachtas Joint Committee on Social Protection, Community and Rural Development and the Islands and, as the Minister of State will be aware, since he is involved with the committee, we did a lot of scrutiny of this Bill. We had him in on two occasions. I was not there on one occasion, but that was back in 2022. He took up a number of points from those discussions and took them on board because he was anxious to ensure that the points that were made would be answered and looked after and clarification got on them.

I note the section to which Senator McDowell referred. I would not be able to speak as eloquently as the Senator on it or put the point as well as him, but I had marked here that the Minister of State might give us an explanation of the advancements of human rights, which I know he will do when he is replying. Senator McDowell probably put the question for me when he gave his point of view.

I welcome section 3 and many of its provisions, as well as anything to do with the advancement of community development, the promotion of civic responsibility or voluntary work. Section 4(a)(ii)(g), relating to "the promotion of civic responsibility or voluntary work", reminds me that when there is a crisis in a community or a parish, whether it is a family that has come in from abroad and needs help or something else, the local communities get together, fundraise and look after people. They play a major role in all of that type of fundraising. As regards that amendment to section 3 of the principal Act, "the promotion of civic responsibility or voluntary work" covers a lot in that area.

There is also "the prevention or relief of suffering of animals". That is a big thing now with people all over the country, and although the Government is now giving extraordinary funding to organisations that are doing that work, there is still a need for those organisations to be able to raise more funds.

There will be more opportunities to discuss the Bill as it moves through the various Stages. I welcome the Bill on behalf of our party and look forward to making further contributions to it as we move along. Most people to whom I speak in this sector say it is a good idea and is very welcome. I would be glad if the Minister of State would clarify when summing up the few issues on which I seek clarification. I thank him for being here.

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