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Regulatory Bodies

Dáil Éireann Debate, Wednesday - 24 April 2024

Wednesday, 24 April 2024

Questions (203)

Brendan Smith

Question:

203. Deputy Brendan Smith asked the Minister for Rural and Community Development if she is aware of the long delays in dealings with the Charities Regulator in instances where updating title to properties is under the remit of that office, such as properties being disposed of through diocesan trusts, which can result in ordinate delays in the sale and purchase of properties which are needed for domestic or commercial use; what measures will be taken to ensure that such applications are processed and finalised in a timely manner; and if she will make a statement on the matter. [18414/24]

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Written answers

The Charities Regulatory Authority (the ‘Charities Regulator’) was established in October 2014 pursuant to the Charities Act 2009. The Charities Regulator is the State organisation responsible for registering and regulating all of Ireland’s charities, with the mandate to promote good governance practice.

The Charities Regulator is under the aegis of my department. It is important to note however, that the Regulator is fully independent in the performance of its statutory functions.

The updating of property titles or disposal of same is a complex issue and there are many unique situations that may arise.  

Depending on a number of factors including the completeness of the initial submission, the type and complexity of the application and the volume of other applications, it can take several months to complete an application. Many application types involve statutory notice periods and by necessity are considered in stages. I am advised that the current guideline timeframe for processing these applications is in excess of six months.

By way of example, the Charities Regulator may need to appoint trustees of a charitable trust (or to a particular property held on charitable trusts) either to fill a vacancy, or as additional trustees under section 43 of the Charities Act 1961 (as amended by section 14 of the Charities Act 1973 and section 82 of the Charities Act 2009). This usually occurs where a charity no longer has any living trustees appointed, and is an alternative to a charity having to apply to the High Court to have new trustees appointed. It is only one of a number of types of applications that can be made under the Charities Acts 1961 and 1973. 

The Charities Regulator has a dedicated section on its website with information to assist charities and their advisors on making applications to help ensure that applications are only made when other options are not available, and applications, when made, are complete.

Further information on applications to the Charity Services Unit is available on the Charities Regulator's website. 

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