Brian Hayes
Ceist:24 Mr. B. Hayes asked the Minister for Social, Community and Family Affairs when he intends to publish the Fundraising for Charitable and other Purposes Bill. [31958/01]
Priority Questions. - Charitable Institutions.
Responsibility for charity regulatory matters and the office of the Commissioners of Charitable Donations and Bequests has transferred from the Department of Justice, Equality and Law Reform to the Department of Social, Community and Family Affairs as outlined in the White Paper on a Framework for Supporting Voluntary Activity and for Developing the Relationship Between the State and the Community and Voluntary Sector. The order to effect this transfer was made on 27 July 2001.
The Government is committed to ensuring the introduction of comprehensive legislation on regulation of charities and charitable fundraising in line with the recognition in the White Paper of the need for a more modern legal framework. The work of reviewing the legislation which is under way in my Department will be accompanied by a broad public consultation on the appropriate regulatory framework and the nature and extent of the legislative reform required. My Department has recently held discussions with the Law Reform Commission on this question. The commission indicated that it will shortly commence an examination of charity law with a view to producing a report on the necessary legal reforms. My Department is working in close co-operation with the commission in the preparation of the consultation document and in the reform of the charities legislation. In this regard, my Department has recently sought and received proposals for consultants to review certain specific subjects in preparation for the public consultation. These proposals are currently under consideration in my Department.
As I have previously pointed out, a wide range of views exist on the complicated questions which arise in reviewing the current legislation. The fundamental nature of the review which I am carrying out requires as broad a consultation as possible with sufficient time allowed for consideration of such important issues. In this regard, it is envisaged that proposals for legislative reform will be brought forward following completion of the consultation process which will begin early in the new year.
In view of the importance of this issue and the fact that there will be an election in the new year, could the Minister tell the House when he hopes to bring forward the legislation? Does he agree that there is a need to regulate charities given that NGOs raise close to £30 million per year and that Ireland is the only country in the EU which has no registration of charities and where there is no commitment to ensure that the accounts of charities are published and in the public domain?
Will the Minister comment on the recent remark by his colleague the Minister of State at the Department of Foreign Affairs, Deputy O'Donnell, that the legislation is "going nowhere"? Would he agree with that? What discussions has he had with the Minister of State, given her view that he is simply unable to bring forward the legislation and given the view of the House? He brought forward a Pensions Bill which he has gutted as a result of the performance in the Seanad and which will not be reintroduced here until February or March of next year.
Statements are not in order.
Does the Minister accept his record on legislation that for some unknown reason he cannot bring forward legislation quickly and promptly and get it through the House?
The Deputy is wrong. He has misquoted the Minister of State. He said that she said the legislation was going nowhere. What she said was that the issue was going nowhere—
The Minister has confirmed it.
—in the Department of Justice, Equality and Law Reform. That is why, in the mid-term review of the programme for Government of which the Minister of State, Deputy O'Donnell, and I were negotiators, it was decided that we would transfer the issue of legislation in relation to charities from the Department of Justice, Equality and Law Reform to my Department because the Department of Justice, Equality and Law Reform, as is well known, was seriously over-burdened with legislation. Legislation in relation to charities was formally transferred to my Department from July 2001.
That Department's performance is appalling as well.
I assure the Deputy that the timetable in relation to the consultation will be extremely short. We asked for a review by the consultants in November 2001. We will meet the Law Reform Commission again next month. We will consult in early 2002 with the voluntary community pillar as laid down in the White Paper which was launched in September 2000. At the end of that consultation we will be able to bring forward legislation. I cannot give a timetable with regard to the legislation but it will be as soon as possible.
(Carlow-Kilkenny): Deputy Hayes will do that.
I look forward to doing that as my first job in the next Government.
The legislation in question has been promised since 1990 when Judge Costello produced a report proposing specific regulations for charities here. The Minister's record in relation to legislation is quite appalling. He has gutted the Pensions Bill in the Seanad—
The Deputy should ask questions.
—because he had no consultation prior to introducing it. We on this side of the House have no confidence in his ability to get this important legislation through the House.
I would remind the Deputy that this is Question Time.
The Deputy is misleading the House in relation to the Pensions Bill. There was an incredible amount of consultation. The whole Bill is based on at least 18 months consultation under the national pensions policy initiative.
I understand the Minister is gutting the Bill after the debate in the Seanad. He does not even enjoy the confidence of the other House to bring it back.
I would remind the Deputy once again that this is Question Time.
The Deputy does not know what he is talking about.
The Minister does not know what he is talking about.
I agreed to a request from the Seanad—
—and from the entire industry.
The Deputy should speak about things he understands.
The Minister understands nothing about pensions legislation.