Dáil Éireann Debate, Tuesday - 14 December 2004
45 Mr. Wall asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding publication of draft legislation on charities; if there is a possibility that this legislation will be published before the end of 2005; and if he will make a statement on the matter. [33264/04]
Amharc ar fhreagraIn response to a similar question recently from a colleague, I confirmed that the current best estimate publication date for the draft legislation on charities regulation would be the end of 2005. I advised that the most up-to-date information on progress has been available on the charities regulation web page of my Department's website at http://www.pobail.ie/en/CharitiesRegulation.
I informed the House that the content of the draft legislation would be likely to reflect the proposals in the Government approved consultation paper on establishing a modern statutory framework for charities, which received a broad overall endorsement in the public consultation phase earlier this year. I indicated that the draft legislation would be substantial in size given that, as already signalled in the consultation paper, it would involve statute law revision and restatement in addition to the new legislative provisions to regulate the charities sector.
I thank the Minister of State for his reply. He has an unenviable task in bringing this legislation to conclusion. I am somewhat concerned about an article which appeared in a newspaper some months ago. It deals first with the warning by the UN, following the tragedy of 11 September 2001, that member countries should review their laws on charity because terrorist organisations could use charities for funding or for money laundering. The article states the Minister of State said there are some charities in Ireland which do no fundraising, and that he made the point that our lax laws would leave us wide open to terrorist organisations setting up such a charity in Ireland.
There seems to be an implication in the article that such a problem may already exist. If so, do we need to look more urgently at that situation and possibly take some short-term action?
I have no knowledge of any current situation of great significance, but the structure and the system are basically so wide open that anything could be going on. We are proceeding on different levels and the end of the year is the best estimate for enacting the legislation. With regard to legislation, consultation with Departments is often a slow process. We are not proposing any single measure. The EU is also taking an initiative and is moving on the issue following on the UN moves and in light of the 11 September 2001 tragedy. A meeting was recently called by the EU to formulate policy on the issue of terrorist organisations. That is at quite an early stage but the Department was represented at the meeting and the process has been kick-started. We can expect developments on the EU level in the future.
I accept the answer, but could the Minister of State confirm that contact has been made by his Department with the Department of Justice, Equality and Law Reform or with the Garda to find out if there are any areas we should be concerned about?
We are conducting reforms through my own Department but on an EU level we are working with the Department of Justice, Equality and Law Reform. The European Commission's Director General for Justice and Home Affairs organised the recent meeting and regarding the issue under consideration we are operating on that level with the Department of Justice, Equality and Law Reform. Our own relevant regulation, previously the responsibility of that Department and before that the responsibility of what was then the Department of Social Welfare, is now my responsibility. There have been a couple of examinations by Deputy O'Shea's colleagues and others over the past ten or 15 years, and long before 11 September we were working towards bringing in new legislation in the area. We are certainly co-operating with the Department of Justice, Equality and Law Reform and working together on the EU issue. Presumably much legislation exists with regard to criminality and fraud in general and is available to the Garda and the Department of Justice, Equality and Law Reform. The entire charity structure is nevertheless wide open. There may be nothing wrong going on, but no one has to register, to publish data, to say how much money is collected or how much, if anything, is given to a particular charity. The area is wide open, as has been signalled by different people and reports in recent years.
For 25 years.
We need to regulate it and we are trying to do so as quickly as possible. It will take at least a year, and hopefully no more, before we bring forward the legislation.
Written Answers follow Adjournment Debate.
