Derek Keating (Dublin Mid West, Fine Gael)
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Question 376: To ask the Minister for Justice and Equality the arrangements that are currently in place to ensure the bona fides of charity trustees and employees; and if he will make a statement on the matter. [24610/11]

Alan Shatter (Dublin South, Fine Gael)
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The Deputy may be aware that Irish charities may take a number of legal forms. For example, many charities are companies limited by guarantee while other charities are trusts. They are, therefore, governed by the relevant legislative or other provisions governing such entities. Incorporated charities, for example, are subject to the provisions of company law and thus eligibility for becoming a director of such a charity would be subject to the provisions of Irish company law, and particularly Part VII of the Companies Act 1990. In the case of charitable trusts, trusteeship would be subject to the general provisions of trust law, though most of the precedents for disqualification have actually developed in case law. For example, it has been held that unsoundness of mind, bankruptcy, or conviction for a dishonest crime, should disqualify a trustee.

The Deputy may be aware that responsibility for the Charities Act transferred to my Department in May 2011. This Act contains provisions relating to eligibility for trusteeship. Given the likely costs involved,I am considering the potential for full commencement of this Act in the context of the review of expenditure currently being undertaken in my Department.

I understand that the Deputy is particularly interested in the interaction between charities and children. In this context, organisations would generally adhere to the standards contained in "Children First", which was launched in July 2011 by my colleague, the Minister for Children and Youth Affairs.Under these guidelines, " every organisation, both public and private, that is providing services for children or that is in regular direct contact with children should ensure best practice in the recruitment of staff or volunteers, which includes Garda vetting, taking up of references, good HR practices in interviewing, induction training, probation and ongoing supervision and management".

Finally, in July 2011, I obtained Government approval for a draft scheme of a "National Vetting Bureau Bill 2011". This will place the vetting of persons working with children or vulnerable adults on a statutory basis . It seeks to provide an appropriate balance between the need to disclose such information in the public interest, and in the interest of protecting children or vulnerable adults, while also providing appropriate safeguards to recognise the rights of persons who are the subject of such disclosures. The scheme also provides a statutory framework for vetting procedures provided by the Gardaí arising from a range of other enactments. It is hoped to publish the Bill in the fourth quarter of 2011.