Thomas Byrne (Meath East, Fianna Fail)
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Question 338: To ask the Minister for Community, Rural and Gaeltacht Affairs his plans to outlaw the practice of clothing collections by persons claiming to represent various charities who in many cases do not and which cause nuisance to the public also by way of leaflet dropping in the middle of the night; and if he will make a statement on the matter. [41705/09]

John Curran (Dublin Mid West, Fianna Fail)
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There are two issues of public concern raised in the Deputy's Question, and I fully share the Deputy's concerns. Firstly, there is the practice of non-charities representing themselves as charities when collecting from the public. Secondly, there is the public nuisance and annoyance that can be caused by undertaking such collections at anti-social hours.

Of particular concern and relevance to me, given my statutory responsibility for the regulation of charities, is where certain collectors of clothing and bric-a-brac from households convey the impression in their promotional literature that they are a charitable in nature, when this may not actually be the case. This may lead some people to donate to such collections in the belief that they are supporting a charity and helping to alleviate hardship. I consider that this is unfair both to donors, whose intention in donating such items is to help those in need, and to bona fide charities that are reportedly losing out on donations as a consequence.

The Charities Act 2009 will, when commenced, help to address this issue. The centrepiece of the new statutory regulatory regime for charities will be a Charities Regulatory Authority with extensive regulatory powers and a Register of Charities upon which any charity operating in Ireland must be entered. It will be an offence for any organisation that is not on the Register of Charities to describe itself or its activities in such a way as to cause the public to reasonably believe that the organisation is a registered charity. This will limit the scope for non-charities to suggest to the public that they are charitable in nature. This will in turn help the public to distinguish between genuine charitable and non-charitable collections, and to make more informed decisions about which collections they choose to support.

The second aspect of public concern is the nuisance caused to the public by certain collectors delivering leaflets or undertaking collections at irregular hours. I have no statutory function in relation to such collections. I am advised, however, that local authorities may have powers under the Waste Management Act 1996 to enable them to control such collections. In that context, it may be helpful to refer the Deputy to the reply to Question No 7666 of 27 February 2007 on this issue given by the Minister for Environment, Heritage, and Local Government previously.