Dáil Éireann Debate, Tuesday - 7 May 2013
298. Deputy Noel Grealish asked the Minister for Justice and Equality the penalties that apply for those convicted of theft from charity bring banks; if he is considering strengthening the laws in this area, in view of the significant loss of revenue this theft causes to charities; if he intends to regulate charity collectors who call door to door to collect for charities; and if he will make a statement on the matter. [21458/13]
View answerTheft is an offence contrary to section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001. A person convicted upon indictment of theft is liable to imprisonment for up to 10 years and/or an unlimited fine. There are no plans to amend section 4 of the 2001 Act.
I am concerned about the reported practice of some collectors of clothing and bric-a-brac who convey the impression in their promotional literature that they are a charity, when this may not actually be the case. This may lead some people to donate to such collections in the belief that they are supporting a charity and helping to alleviate hardship. This is unfair both to donors whose intention in donating such items is to help those in need, and to bona fide charities that may lose out on donations as a result. It is an offence under section 6 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 to make gain or cause loss to others by deception.
In addition to these existing measures under the Criminal Justice Acts, the Charities Act 2009 also contains measures aimed at preventing the abuse of charitable status. Under section 46 of the Charities Act, it is an offence for an organisation that is not a registered charity to describe itself or its activities in such terms as would cause members of the public to reasonably believe that it is a charitable organisation. This section cannot be commenced until the statutory Register of Charities, also provided for under the Charities Act, is in place.
While further implementation of the Charities Act and creation of the Register of Charities have been delayed for financial reasons, the Government remains committed to progressing the implementation of the Act and putting in place a dedicated regulatory framework for charities in line with the provisions of the Act. My Department has been examining how best this can be done in the current financial climate. As part of this work, my Department recently undertook a consultation on key issues, including the creation of the Register of Charities. The submissions received are currently being reviewed and I look forward to publishing the results in due course and giving a further indication of the Government's timeframe for the introduction of an operational Charities Regulatory Authority and full implementation of the Charities Act 2009.
