Written answers

Tuesday, 5 July 2016

Department of Justice and Equality

Charities Regulation

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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76. To ask the Minister for Justice and Equality the status of the powers of the charities regulator; and if she will make a statement on the matter. [19738/16]

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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77. To ask the Minister for Justice and Equality why Part 4 of the Charities Act 2009 has yet to be enacted; the statutory powers of investigation with respect to charitable organisations the Charities Regulatory Authority currently has; and if she will enact this part of the legislation in order to give the charities regulator powers to investigate complaints made against charities. [19056/16]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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100. To ask the Minister for Justice and Equality the powers the charities regulator has to investigate or otherwise act when there are concerns about a registered charity; the number of times in the past five years such powers have been used; and if she will make a statement on the matter. [19521/16]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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101. To ask the Minister for Justice and Equality the sections of parts of the Charities Act 2009 yet to commence and the details of same; and if she will make a statement on the matter. [19522/16]

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail)
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106. To ask the Minister for Justice and Equality when she will commence the legislation giving the Charities Regulatory Authority power to investigate charities; and if she will make a statement on the matter. [19647/16]

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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112. To ask the Minister for Justice and Equality why Part 4 of the Charities Act 2009, which gives the Charities Regulatory Authority statutory powers of investigation with respect to charitable organisations, has not commenced; and if she will make a statement on the matter. [19737/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 76, 77, 100, 101, 106 and 112 together.

The Government is fully committed to ensuring that the Charities Regulator has the necessary resources available to achieve its goals and made provision for an increase of over 80% in its budget for 2016.

The key areas of work of the Regulator include registration and award of charitable status, annual reporting, compliance and investigations, charity services and providing a public register and statistical information on the charity sector. These functions have been introduced on a phased basis. The Authority's initial priority has been the compilation of the statutory Register of Charities, with a view to underpinning and supporting the investigatory and enforcement functions. The deadline for organisations to apply for inclusion on the Register of Charities was 16 April 2016 and a significant surge in applications was received before that deadline. The Regulator is currently processing over 1500 applications from charitable organisations in addition to applications from 3,600 schools who are being registered in a separate registration system.

My Department have been working closely with the Charities Regulator to ensure that the full range of provisions contained in the Charities Act 2009 can be commenced as soon as possible, in particular Part 4 of the Act which contains investigatory and enforcement powers. I should point out that, in the interim, the Regulator has in place a process to receive and assess concerns received from the public (in relation to individual charities) and takes appropriate regulatory action when this is warranted. However, having received advice in relation to this from the Authority, I can confirm that this afternoon I have signed the necessary Statutory Instrument to commence Part 4, to come into effect from 5 September 2016.

Some sections of Part 7 also remain to be commenced. These sections concern a range of miscellaneous matters, including provisions in relation to charitable fundraising. Commencement of those provisions is dependent on the outcome of the deliberations of a Consultative Forum on Charitable Fundraising convened by the Regulator to make recommendations on the implementation of these provisions. My Department is engaging with the Charities Regulator on an appropriate timeline for commencement of the remaining provisions of Part 7, and I expect to be in a position to sign these into effect in the near future.

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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78. To ask the Minister for Justice and Equality if she has initiated an investigation or inquiry into corporate governance issues at a charity (details supplied); and if she will make a statement on the matter. [19057/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The independent Charities Regulatory Authority, a dedicated and statutory regulator for charities, was established on 16 October 2014. The registration and regulation of all the charities active in this country is the responsibility of the Authority, also known as the Charities Regulator.

The Regulator has a process in place to receive and risk assess concerns received from the public (in relation to individual charities) and takes appropriate regulatory action where warranted. The independence of the Charities Regulator must of course be respected and I have no direct role in the matter.

However, I have been informed that the Regulator is aware of the allegations regarding a particular charity and that it is actively engaged with the trustees and representatives of the charity and, where appropriate, has referred material to other relevant authorities. On 30 June last, the Charities Regulator used its statutory powers to address matters at the organisation referred to by appointing five new trustees, with the competencies and skills to support the charity to achieve its purpose, to the charity's Board. This complements the legal moves made by the charity itself. The Regulator also met last week with the charity, its legal representatives and the interim investigators and was informed that immediate action was being taken to protect the organisation’s assets and ensure its continuation of services. The Regulator authorised and supported legal action in the High Court to protect the charity's assets. However, the Deputy will appreciate that the Charities Regulator has no role in investigating criminal allegations such as fraud. In this context, effective inter-agency cooperation can play a valuable role to ensure an appropriate response with full use of all of the relevant legislation.

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