Derek Nolan (Galway West, Labour)
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481. To ask the Minister for Justice and Equality if the Charities Act covers the regulation of Irish charities' clothing banks; the way he intends to combat the increased amount of criminal activity connected to charity clothing collections and clothing banks; if the introduction of a charities regulatory authority could address this area; and if he will make a statement on the matter. [22758/13]

Alan Shatter (Dublin South, Fine Gael)
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The Charities Act 2009 was enacted to provide for the better regulation of charities in Ireland in order to ensure greater accountability and to protect against abuse of charitable status and fraud. To support the achievement of these aims, the Act provides for the establishment of an independent Charities Regulatory Authority.

I am aware of the recent Prime Time programme which reported, amongst other things, on the issue of theft from charity clothing banks. Theft is an offence contrary to section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001. A person convicted upon indictment of theft is liable to imprisonment for up to 10 years and/or an unlimited fine.

I am also concerned about the reported practice of some collectors of clothing who convey the impression in their promotional literature that they are collecting on behalf of a charity, 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. This is unfair both to donors whose intention in donating such items is to help those in need, and to bona fide charities that may lose out on donations as a result. It is an offence under section 6 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 to make gain or cause loss to others by deception.

In addition to these existing measures under the Criminal Justice Acts, while the Charities Act 2009 does not deal directly with the regulation of Irish charity clothing banks or collections, it does contain measures aimed at preventing the abuse of charitable status. Under section 46 of the Charities Act, it is an offence for an organisation that is not a registered charity to describe itself or its activities in such terms as would cause members of the public to reasonably believe that it is a charitable organisation. This section cannot be commenced until the statutory Register of Charities, also provided for under the Charities Act, is in place.

While further implementation of the Charities Act and creation of the Register of Charities have been delayed for financial reasons, the Government remains committed to progressing the implementation of the Act and putting in place a dedicated regulatory framework for charities in line with the provisions of the Act. My Department has been examining how best this can be done in the current financial climate. As part of this work, my Department recently undertook a consultation on key issues, including the creation of the Register of Charities. The submissions received are currently being reviewed and I look forward to publishing the results in due course and giving a further indication of the Government's timeframe for the introduction of an operational Charities Regulatory Authority and full implementation of the Charities Act 2009.