Charity Representative Group Welcomes Publication of Regulation Bill

10/03/06

The Dept. of Community Rural and Gaeltacht Affairs issued a press release and published the General Scheme for The Charities Regulation Bill 2006 on its website yesterday the 9th March 2005

On an initial reading it seems that most of the issues we raised with the Dept. have been addressed:

1. There will be a stand alone Charity Regulatory Body funded by government
2. Advocacy as an ancillary activity in pursuit of an organisations charitable purposes is permitted cf.Head 3 points 4 & 5
3. The definition of charity has been updated and includes “the advancement of human rights, social justice, conflict resolution or reconciliation or the promotion of religious or racial harmony or equality and diversity”
4. There is an extra-judicial Charity Appeals Board in addition to the right to appeal to the courts as we requested.
5. The commitment to proportionality in relation to annual returns is included in the Bill cf. Head 62
6. There is also reference to providing in the legislation that charities that are incorporated won’t be subject to dual filing requirements i.e. with both the Companies Office and the Regulatory Authority cf. Notes to Head 62
7. Protection from liability for trustees acting honestly and reasonably (regardless of legal structure of the charity) is included in Head 109
8. Head 42 provides power to the Regulator to establish Consultative Panels with stakeholders on specific issues so consultation is built in going forward
9. Part VI of the Bill covers Charitable fundraising and a three pronged mixed regulatory model comprising i) permits for all types of fundraising ii) requirement on charities to provide information on fundraising activities to the Regulator and iii) implementation of agreed Codes of Practice in relation to actual fundraising operations (with reserve powers for the Minister if this approach proves ineffectual)

It is a very substantial document since it is bringing together and updating all the legislation in relation to charities so will take time to digest but it does seem to be in line with the consultation process and has taken most of the issues raised during the consultation on board which is very encouraging.

The General Scheme of the Bill will now go for legislative drafting before being published officially and put before the House of the Oireachtas. We will be keeping in close touch with developments and letting you know of progress.