Charities Regulation

Dáil Éireann Debate, Tuesday - 5 July 2016

Tuesday, 5 July 2016

Questions (76, 77, 100, 101, 106, 112)

Michael Healy-Rae

Question:

76. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of the powers of the charities regulator; and if she will make a statement on the matter. [19738/16]

Anne Rabbitte

Question:

77. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality why Part 4 of the Charities Act 2009 has yet to be enacted; the statutory powers of investigation with respect to charitable organisations the Charities Regulatory Authority currently has; and if she will enact this part of the legislation in order to give the charities regulator powers to investigate complaints made against charities. [19056/16]

Jim O'Callaghan

Question:

100. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the powers the charities regulator has to investigate or otherwise act when there are concerns about a registered charity; the number of times in the past five years such powers have been used; and if she will make a statement on the matter. [19521/16]

Jim O'Callaghan

Question:

101. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the sections of parts of the Charities Act 2009 yet to commence and the details of same; and if she will make a statement on the matter. [19522/16]

Seán Fleming

Question:

106. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality when she will commence the legislation giving the Charities Regulatory Authority power to investigate charities; and if she will make a statement on the matter. [19647/16]

Mattie McGrath

Question:

112. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality why Part 4 of the Charities Act 2009, which gives the Charities Regulatory Authority statutory powers of investigation with respect to charitable organisations, has not commenced; and if she will make a statement on the matter. [19737/16]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 76, 77, 100, 101, 106 and 112 together.

The Government is fully committed to ensuring that the Charities Regulator has the necessary resources available to achieve its goals and made provision for an increase of over 80% in its budget for 2016.

The key areas of work of the Regulator include registration and award of charitable status, annual reporting, compliance and investigations, charity services and providing a public register and statistical information on the charity sector. These functions have been introduced on a phased basis. The Authority's initial priority has been the compilation of the statutory Register of Charities, with a view to underpinning and supporting the investigatory and enforcement functions. The deadline for organisations to apply for inclusion on the Register of Charities was 16 April 2016 and a significant surge in applications was received before that deadline. The Regulator is currently processing over 1500 applications from charitable organisations in addition to applications from 3,600 schools that are being registered in a separate registration system.

My Department have been working closely with the Charities Regulator to ensure that the full range of provisions contained in the Charities Act 2009 can be commenced as soon as possible, in particular Part 4 of the Act which contains investigatory and enforcement powers. I should point out that, in the interim, the Regulator has in place a process to receive and assess concerns received from the public (in relation to individual charities) and takes appropriate regulatory action when this is warranted. However, having received advice in relation to this from the Authority, I can confirm that this afternoon I have signed the necessary Statutory Instrument to commence Part 4, to come into effect from 5 September 2016.

Some sections of Part 7 also remain to be commenced. These sections concern a range of miscellaneous matters, including provisions in relation to charitable fundraising. Commencement of those provisions is dependent on the outcome of the deliberations of a Consultative Forum on Charitable Fundraising convened by the Regulator to make recommendations on the implementation of these provisions. My Department is engaging with the Charities Regulator on an appropriate timeline for commencement of the remaining provisions of Part 7, and I expect to be in a position to sign these into effect in the near future.