Dáil Éireann Debate, Tuesday - 23 January 2018
570. Deputy Mick Wallace asked the Minister for Rural and Community Development the reason Pobal is categorised as not-for-profit and having a charitable status; if discussions have taken place regarding the categorisation of Pobal as a charity between his Department and other Departments; his views on whether Pobal's status as a charity may be in breach of the Charities Act 2009; and if he will make a statement on the matter. [3303/18]
View answerPobal was established by the Irish Government in 1992 as Area Development Management Ltd. (ADM) with the agreement of and as a requirement of the European Commission to manage a Global Grant. In its initial form it was an intermediary company working on behalf of Government to support social and economic development within Ireland. Between 1992 and 2005, the company expanded its service provision to Government Departments and took on the management and administration of a number of programmes. In 2005, ADM was re-named Pobal.
Pobal is a not for profit company limited by guarantee. Charitable status was granted to the company by the Revenue Commissioners on the 20th November 1996. In accordance with Section 40 of the Charities Act, 2009, Pobal was entered onto the Register of Charitable Organisations automatically on 16 October 2014.
A charitable organisation must meet three requirements if they are to be considered to be a charity: it must operate in the Republic of Ireland; it must have a charitable purpose only; and it must exist to benefit the public or a section of the public in Ireland, or elsewhere, through its charitable purpose(s). Under the Charities Act, there are four categories of charitable purpose - the prevention or relief of poverty or economic hardship; the advancement of education; the advancement of religion; and any other purpose that is of benefit to the community.
The basis for Pobal having charitable status is tied to the objects for which the company was founded which are specified in its Memorandum and Articles of Association. Pobal’s primary objectives are:
a) the delivery and management of programmes which promote social inclusion, reconciliation and equality through integrated social and economic development within communities,
b) the delivery and management of local, community and other development programmes,
c) the provision of technical assistance, support and advice to the groups and beneficiaries of the programmes, which are delivered/managed,
d) the provision of assistance and support in the analysis and exchange of experience, leading to the communication of information and the identification and dissemination of good practice within the programmes which are delivered/managed,
e) aiding, through the lessons learnt from these programmes, in the formation of Government and other policy development at local, regional and national levels, and
f) the provision of technical assistance, support and advice to other bodies with the approval of the Minister for Rural and Community Development.
No discussions have taken place between this Department and other Departments in regard to Pobal’s charitable status.
I am satisfied that Pobal is fully compliant with the relevant legislative requirements including those of the Charities Act, 2009.
