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Proposed Legislation.

Dáil Éireann Debate, Wednesday - 17 November 2004

Wednesday, 17 November 2004

Questions (307, 308)

Brian O'Shea

Question:

347 Mr. O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs further to Parliamentary Questions Nos. 81 and 131 of 9 November 2004, if he anticipates that his Department’s process of examining and consideration of the recommendations in the report of the national committee on volunteering, Tipping the Balance, will be concluded by 31 December 2004; and if he will make a statement on the matter. [28892/04]

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Written answers

As stated in the replies to the previous parliamentary questions, a sub-committee of the implementation and advisory group has been examining the Tipping the Balance report with a view to identifying how its recommendations might be progressed. The report of the sub-committee is now available and makes a number of practical recommendations in this regard. The Department of Community, Rural and Gaeltacht Affairs is considering these recommendations as part of its overall consideration of the Tipping the Balance report. I am reluctant to set a date for the conclusion of this process but it will be brought forward as speedily as possible.

Enda Kenny

Question:

348 Mr. Kenny asked the Minister for Community, Rural and Gaeltacht Affairs the number and title of each registered charity in the country; if he has satisfied himself that legislation in this area is adequate to deal with difficulties that arise regarding accountability and expenditure; and if he will make a statement on the matter. [28911/04]

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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 The outdated legal framework does not deliver the degree of accountability and transparency by charities which is necessary to maintain public trust and confidence in the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.

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