The Charities Regulatory Authority (the ‘Charities Regulator’) was established in October 2014 pursuant to the Charities Act 2009. The Authority 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, including the registration of charities.
The table below provides the average processing time for charitable status applications made to the Charities Regulator for the years 2018, 2019, 2020, 2021, 2022 and 2023.
Year
|
Processing Time
|
2018
|
59 days
|
2019
|
79 days
|
2020
|
70 days
|
2021
|
82 days
|
2022
|
104 days
|
2023
|
129 days
|
Each application for registration must be carefully assessed by the Charities Regulator to ensure that the applicant meets the specific requirements set out in the Charities Act 2009.
At present, the Charities Act does not permit the Charities Regulator to reject an incomplete application. This means that the Charities Regulator must make a substantive decision on whether or not an applicant can be entered in the Register of Charities (“the Register) in each case. This can lead to significant ongoing engagement by the Charities Regulator with applicants over what, in some cases, can be a protracted period of time in order to get their applications to a stage where a fair and robust decision can be made. The Charities (Amendment) Bill, 2023, currently before the Oireachtas, contains an amendment to rectify this deficiency in the Act.
In 2023, to provide enhanced support and guidance to organisations wishing to apply to be entered on the Register, the Charities Regulator published new registration guidelines and a new dedicated webpage. It covers the key areas that must be considered, developed or established by an organisation prior to submitting an application. It also explains that certain types of organisations are excluded from being registered under the Act and other reasons why an organisation may not be registered as a charity.