Dáil Éireann Debate, Tuesday - 18 October 2011
396 Deputy Tony McLoughlin asked the Minister for Justice and Equality if the charities regulation authority has been established under the Charities Act 2009 and if it is operational; if it is operational, the criteria for reporting; and if a member of the public can report on administrative mishandling which is causing funds to be used for a purpose other than that for which they were donated. [30051/11]
View answerThe Charities Act 2009 provides for an integrated system of mandatory registration and proportionate regulation and supervision of the charities sector in Ireland. The various sections of the Charities Act are subject to implementation through commencement orders. A number of sections of the Act have already been commenced. Those sections providing for mandatory registration and reporting have not yet been commenced.
The Deputy may also be aware that responsibility for the Charities Act transferred to my Department in May 2011. Full implementation of the Act on a statutory basis, which would require the establishment of a new regulatory authority, would of course have new cost implications for the Exchequer. This is a matter which I am considering in the context of the review of expenditure currently being undertaken in my Department and, indeed, in all Government Departments and Agencies.
Irish charities may take a number of legal forms. For example, some charities are companies limited by guarantee while other charities are trusts. They are, therefore, governed by the relevant legislative or other provisions governing such entities. Incorporated charities, for example, are subject to the provisions of company law and are generally required to provide information to the Companies Registration Office under the Companies Acts, which can be accessed by the public. Such charities would also be subject to scrutiny by the Office of the Director of Corporate Enforcement. Charities that take the form of a trust are subject to the provisions of trust law. And, of course, any business entity is subject to general criminal and fraud legislation.
