John McGuinness (Carlow-Kilkenny, Fianna Fail)
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468. To ask the Minister for Rural and Community Development to outline the process to qualify for charitable status; the timeframe for such applications; the number of applications received in the past three years; the number of applications approved; if there is sufficient staff in the section to deal with applications in a timely fashion; the status of an application (details supplied); and if he will make a statement on the matter. [51526/17]

Michael Ring (Mayo, Fine Gael)
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I am assuming the Deputy is referring to the registration process administered by the Charities Regulator as distinct from the granting of charitable tax status for the purposes of the tax code. The latter is administered by the Revenue Commissioners and my Department has no function in that scheme.

Section 39 of the Charities Act 2009, provides the regulatory basis for organisations to register with the Charities Regulator. In order to apply for charitable status an organisation must provide evidence that it:

- Operates in the Republic of Ireland

- Exists for a charitable purpose(s) as set out in the Charities Act 2009,

- Promotes this charitable purpose(s) only,

- Carries out all activities to further this charitable purpose,

- Exists to benefit the public or a section of the public in Ireland, or elsewhere, through its charitable purpose(s), and

- Is not an excluded body.

Applications are made to the Regulator by way of an online form. Applicants must provide a constitution, details of all addresses it operates from, safeguarding and risk assessment policies (as appropriate), details of bank accounts, details of how it intends to raise funds and use those funds on charitable activities, details of proposed persons who will be responsible for the affairs of the organisation and financial and accounting information. When an application is submitted it is processed by way of a completeness check to ensure that all the required information has been provided by the applicant. Once it is deemed full and complete, the next stage is an assessment of the application by a case officer. A recommendation by a case officer will proceed for decision by the Chief Executive Officer. My Department is advised that the current average time for a decision from submission of all relevant information is approximately six months but can be less or more depending on the complexity of the application and the responsiveness of the applicant to any queries raised.

The Charities Regulator commenced its functions from a standing start in October 2014, since then the Regulator has received applications as follows:

The Charities Regulator has also awarded Charitable Status to 1,372 schools (1,352 in 2017).

I am advised that the Regulator has recently increased staffing in this area to 6 case officers (from three) with a resulting increase in cases awarded. It is expected that this trend will increase in 2018 with the launch of a new digital platform, a simplified application system for small community and voluntary organisations and the publication of guidance which will assist applicants. I am satisfied that the Regulator has been provided with sufficient resources to execute its regulatory function.

Pursuant to the Charities Act 2009 the Charities Regulator is required to be independent in the performance of its functions. I am advised that it is the policy of the Charities Regulator not to comment in relation to specific applications for registration or any pre-investigation work because to divulge information to a third party could prejudice a future decision.