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Establishing a Modern Statutory Framework for Charities

Establishing a Modern Statutory Framework for Charities. Report on the Public Consultation to Dept. Community, Rural & Gaeltacht Affairs Oonagh Breen, September 2004 Sheila Nordon. Report Overview. 85 submissions received – from across the sector Significant no. of thoughtful contributions

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Establishing a Modern Statutory Framework for Charities

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  1. Establishing a Modern Statutory Framework for Charities Report on the Public Consultation to Dept. Community, Rural & Gaeltacht Affairs Oonagh Breen, September 2004 Sheila Nordon

  2. Report Overview • 85 submissions received – from across the sector • Significant no. of thoughtful contributions • Positive feedback + sector’s enthusiasm to engage with the reform process very much in evidence • Broad welcome for the proposals and the key principles of Clarity; Accountability, Transparency, Compliance and Governance • Diverse views on how the principles could be achieved • Overall Strong endorsement for the framework principles

  3. Key Messages Emerging from Submissions 1. The need for charities to enjoy a modern relationship with the State consistent with the 21st Century concept of Civil Society • Changing nature and focus of charities • Greater engagement with the State – service and policy • Tackling root causes rather than symptoms • Need for a holistic policy review of the broader non-profit sector beyond traditional charity

  4. Key Messages contd. 2.The need for a Sectoral Representative Body • Significant no. of submissions highlighted the absence of such a body • Many advantages – place sector on a par with other main civil society partners e.g. ICTU & IBEC • Models exist in other common law jurisdictions

  5. Key Messages contd. 3. The role of training and education in the professionalisation of the Sector • Need identified for ongoing education and training – including but not confined to compliance • Regulator as Educator – divergent views, some support, others view the roles as conflicting • All agreed that investment in education & training is needed and would pay dividends to the State – inc. efficiency and compliance

  6. Key Messages contd. 4. Recognition of the national & international context in which regulation of the sector is taking place • Cross Border and EU level • Mutual recognition between Irl. & UK • Impact of EU legislation • Need for joined up government – other Depts. should review their legislation on charities • How? Many proposed an integrated approach under Dept. CRaGA

  7. Definition of Charity • Advocacy and Human Rights should be included • Public benefit – define concept, include altruism • Automatic link between Charitable Status and Tax-Exempt Status (minority against – issue of non-resident charities fundraising in Irl.)

  8. Accountability • Majority for a new independent regulatory body • Support for regulations being flexible – reflecting dynamism of sector • Agreement on avoiding dual reporting and on proportional approach • Fundraising – lot of discussion – agreement that cross-dept. liaison + with Gardai essential • Great support for mix of self-regulation + statutory oversight • Different views on how it should be enforced – who issues the permits

  9. Transparency • Unanimous support for a charity register • Majority welcomed the register being available online – some had concerns • Issue of dual registration – north/south orgs. and in relation to company law – mutual recognition emphasised as way forward by most

  10. Compliance • Broad satisfaction with the proposed powers of the new regulatory body • Intermediate sanctions welcomed • Agreement that “striking off” be used only in extreme cases • What powers to deal with non-registering charities? • Need for sufficient resources for new body • Intermediate appeals procedure – Charity Ombudsman

  11. Governance • Agreement on need for standardised director/trustee duties • Welcome for statutory exoneration provided not a blank cheque for bad governance • Need for a legal vehicle tailored to needs of charities • New body should provide training and best practice direction • Default admin. Powers – issue of ethical investment should be considered

  12. Review • General consensus on timely review • Main concern – that all stakeholders have opportunity to fully participate and there is ongoing liaison between Dept. and sector re implementation

  13. Detailed suggestions re resourcing, powers, and operation of regulatory body Annual Returns – finance + activity statements Stamp duty; CAT; Donations to charities & VAT (in general and on postage) Integrated approach to regulation of fundraising Charitable Designated Activity Companies - CDAC Other issues

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