As the charities sector is unregulated, there are no registered charities in this country. A list is maintained and published by the Revenue Commissioners of those bodies which have been granted charitable tax exemption, which is sometimes mistaken as a register of charities. The main legislation about charities is over 40 years old. The outdated legal framework does not deliver the degree of accountability and transparency by charities which is necessary to maintain public trust and confidence in the sector.
In An Agreed Programme for Government, there is a commitment to address this unsatisfactory situation by undertaking a comprehensive reform of the law relating to charities to ensure accountability and to protect against charitable abuse and fraud. My Department's consultation paper, Establishing a Modern Statutory Framework for Charities, published earlier this year, proposed that a statutory body for the regulation of charities be set up, with responsibility for compiling, publishing and maintaining a list of registered charities. All charities would be obliged to register. Registered charities would be required to file annual returns with the regulatory body. Another of the statutory functions envisaged for the regulatory body would be to ensure the public accountability of charities.
The legislative proposals in the consultation paper met with a broad endorsement from the public. The next step is preparation of the draft legislation. The best estimate publication date for the draft legislation is at the end of 2005. The Department of Community, Rural and Gaeltacht Affairs charities regulation webpage, www.pobail.ie/en/charitiesregulation, can be consulted for information, publications and the latest updates on the proposed legislation.