Jerry Buttimer (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

439. To ask the Minister for Justice and Equality his plans to regulate the practices of charities using street collectors; and if he will make a statement on the matter. [30074/13]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Public cash collections are regulated under the Street and House to House Collections Act 1962. All public cash collections must be held in accordance with a collection permit granted in respect of that collection under this Act. Under the 1962 Act, a Chief Superintendent may attach to a collection permit granted by him such conditions in relation to the conduct of the collection authorised by the permit as are, in his opinion, necessary or desirable for the maintenance of public order and the prevention of annoyance to the public, including the occupants of houses visited by collectors.

The Charities Act 2009 provides for an integrated system of mandatory registration and proportionate regulation and supervision of the charities sector in Ireland. The various sections of the Charities Act are subject to implementation through commencement orders. Sections that it was possible to commence in advance of the establishment of the Charities Regulatory Authority, as provided for under the Act, have been commenced. The remaining sections, including those relating to the provision for non-cash collections under section 93 of the Charities Act, can only be commenced following the establishment of the Authority.

At present, my Department is examining options for resource efficient ways of making progress towards the objectives of the Charities Act 2009. A public and stakeholder consultation was recently conducted by the Department on the implementation of the Act. Issues covered in the consultation paper included the establishment of a Charities Regulatory Authority; the statutory registration of charities and granting of charitable status; and reporting requirements for registered charities. Additional steps to regulate fundraising practice, including the commencement of section 93, will be considered in the context of the further implementation of the Charities Act.

In addition to these statutory provisions, a growing number of charities have agreed to adhere to voluntary codes of practice on fundraising. These were developed by the charities sector, with Government grant support, through umbrella charities organisation Irish Charities Tax Research Ltd. This type of non-statutory approach can be an effective partner to statutory regulation as it allows best practice to respond to changing methods of fundraising and the changing environments in which charities work.

One of the three 'core principles' upon which the codes of practice are based is that of respect by charities for the rights, dignity and privacy of their supporters, clients and beneficiaries. These codes apply to all types of fundraising, including those that are not currently covered by the statutory permits system, such as non-cash collections and solicitations for support via direct debits. My Department continues to give grant support to this project.

Further information about the codes of practice and a list of all charities that have agreed to be bound by the Codes in their fundraising activities can be obtained from the website of Irish Charities Tax Research limited. at www.ictr.ie.

Jerry Buttimer (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

440. To ask the Minister for Justice and Equality if he will provide an update on the commencement of the provisions of the Charities Act and the progress of a regulatory system for the charities sector; and if he will make a statement on the matter. [30075/13]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Charities Act 2009 was designed to support and enhance public trust in charities by providing for the statutory registration and regulation of charities operating in Ireland by an independent Charities Regulatory Authority. The decision was taken in 2011, because of the urgent need to make savings in Government expenditure, to defer full implementation of the Charities Act. This decision was taken for financial reasons and it has remained Government policy to provide for the implementation of the Charities Act 2009.

My Department has therefore examined methods of how best to implement the Charities Act in the current financial climate. As part of this process, in January of this year I published for consultation outline proposals for implementing key provisions of the Act. The consultation document invited the views of stakeholders and members of the public on proposals for the implementation of the Act on a phased and low cost basis. I was very pleased with the outcome of this consultation. Some 160 submissions, containing much valuable feedback, were received in response to the consultation.

My Department is currently reviewing the submissions received and I look forward to publishing the results in due course and a further indication of the Government's timeframe for the introduction of an operational Charities Regulatory Authority, the creation of a statutory Register of Charities, and full implementation of the Charities Act 2009.