Written answers

Tuesday, 1 October 2024

Department of Rural and Community Development

Charitable and Voluntary Organisations

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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602. To ask the Minister for Rural and Community Development her views with regard to the Charities Act 2009 as amended by Charities (Amendment) Act 2024 new section 54C which provides that the Charities Regulatory Authority may issue guidelines and codes of conduct that relate to the duties of charity trustees (details supplied); and if she will make a statement on the matter. [39027/24]

Photo of Joe O'BrienJoe O'Brien (Dublin Fingal, Green Party)
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The Charities Regulatory Authority (the ‘Charities Regulator’) was established in October 2014 pursuant to the Charities Act 2009. The Charities Regulator is the State organisation responsible for registering and regulating all of Ireland’s charities, with the mandate to promote good governance practice.

The Charities Regulator is under the aegis of my department. It is important to note however that the Charities Regulator is fully independent in the performance of its statutory functions.

The Charities Amendment Act 2024 ('the Act') revises and updates existing charity legislation, and will improve the ability of the the Charities Regulator to conduct its statutory functions, providing greater transparency, clarity and fairness in terms of the regulation of charities, leading to greater public trust and confidence in the sector.

On the specific question of safeguarding policies, the Charities Regulator provides guidance on their website on safeguarding for charities working with vulnerable adults, and charities working with children. The guidance and links that the Charities Regulator provide to other bodies on their website are intended to support them in developing these procedures.

These guidance documents are among a range of guidance available to support charity trustees, and others, in making sure their charities are well governed. They are reviewed regularly.

In addition, while safeguarding does not come under the remit of the Charities Regulator, under the Charities Act 2009, section 39(5)(l), applicants for registration are required to specify the risk assessment procedures, safety checks and safeguards they employ where their activities include working with vulnerable adults or children.

Section 22 of the Charities (Amendment) Act 2024 introduces four new sections into the Principal Act of 2009, including as described, section 54C, which provides for the Authority to issue guidelines, or codes of conduct, for the purpose of the performance of its functions.

The individual sections of the Charities (Amendment) Act 2024, including section 22, will be commenced in a timely and efficient manner, taking into account the operational impacts on the Charities Regulator and the charity sector respectively.

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