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Proposed Legislation.

Dáil Éireann Debate, Thursday - 3 June 2004

Thursday, 3 June 2004

Ceisteanna (8)

Ciarán Cuffe

Ceist:

8 Mr. Cuffe asked the Minister for Community, Rural and Gaeltacht Affairs the number of submissions received on the consultation being undertaken on reform of charities legislation. [16831/04]

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Freagraí ó Béal (7 píosaí cainte)

The public consultation, arising from the commitment in an Agreed Programme for Government to regulate charities, had a deadline of 28 May 2004. By that deadline, my Department received 79 submissions. The dedicated charities regulation page of my Department's website should contain a list of those who responded to the public consultation.

I wish to express my disappointment that having properly tabled this question last Friday at 11 o'clock, I saw this answer in a press release issued yesterday by the Department. While I can understand the need for the Government to release information, given the Standing Orders of this House, I would have thought the press release could have had an embargo until at least today as a parliamentary question had been tabled.

There is still a question as to whether charities legislation is needed. Surely the issues concerning charities now are the same as when the Costello report was issued 25 years ago. When will the heads of the Bill be completed?

When I heard the Deputy ask his question this morning on the Order of Business, I wondered if it related to a matter under my remit. I understood there was an embargo on that press release until this morning so I am surprised to hear the Deputy saw it yesterday. I did not give any briefing — it was routine information. I am sorry if it got out yesterday, which was not the intention. While I might not have been sufficiently aware of the protocols, I am sorry if it got out quicker than it should have.

We have received a number of reports over the years, including the Costello report, the Burton report and the Law Commission report, which may have repeated the same information. Having received the 79 submissions, mostly from groups comprising about eight or ten from individuals, the general response is favourable. We have appointed an expert to review them and it should be complete by the end of the summer, at which point we will try to introduce legislation. Our target for enacting the legislation will be the end of 2005, about 15 months after the review, which is probably ambitious.

Does the Minister of State realise the potential for abuse of charities? The longer we leave this without addressing the problem, the more damage we do to genuine charities.

I agree with the Deputy. Some excellent charities exist and a number of them are very good in their accountancy and annual reports. They are not obliged to produce these, which is a weakness in the system. In many cases a donor can give €20 to a very worthy charity, without knowing if €1, €19 or 19 cent goes to the actual charity.

It is being totally abused.

There is scope for abuse and the general response of those reputable charities has been very supportive of the need for legislation and regulation requiring compulsory registration etc. Fears exist that something could emerge from the charity world that could damage the whole sector. I am sure all the charities about which we hear every day are reputable. There are suggestions that some that we hear less of might be linked to money laundering and international terrorism. A trust could be established for anything. The charities area is a potential minefield.

In recent years responsibility for charities has transferred between different Departments. The three reports I mentioned were good, but were never acted upon. When complete this will be a comprehensive Bill incorporating legislation from the 1960s and earlier. It will not be easy. From my work in the Department of the Environment, Heritage and Local Government, I have seen how slow it can be to get legislation through the Office of the Attorney General and so on. Enacting legislation within 12 or 15 months of starting in September is about as ambitious as we can be. The legislation is necessary and charities' groups fully support us.

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