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REGULATION OF CHARITIES IN NORTHERN IRELAND Seamus Murray Head of Charities Implementation Team Department for Social Development January 2009 FACT OR FICTION ‘Law could mute carol singers’ ‘Watchdogs should look at charities’ ‘Jury still out on charity watchdog’ ‘Police may investigate children's charity’ ‘Ulster charities ‘used to launder paramilitary cash’’ ‘Businesses warned on charity scam’ ‘Warning on bogus charity clothing collections’ ‘Council backs call for charity commission’ Sources: Belfast Telegraph, Newsletter, Third Sector FOCUS Why do we need regulation? What has changed in the world? Who is regulation for? What is regulation? What is happening in Northern Ireland & elsewhere? WHAT HAS CHANGED? Greater public awareness Greater sense of probity in the sector Governance and accountability Devolution & RPA Crime prevention Modernisation of legislation & housekeeping Income £290 million 5,700 employees Student’s Union Income £291,000 Income £467 million 3,800 employees Queen’s Students Union Income £2.6 million Scottish Junior Chess Association Educational Trust Income £1,000 European Society of Regional Anaesthesia and Pain Therapy Income £924,00 Income £1,744 CHARITIES SECTOR IN NI What does it look like? Relatively large voluntary and community sector compared to England, Scotland and Wales. Number of charities 5500-6500-9000? Total annual income approx. £657m Total expenditure £640m Total assets £750m Total workforce 29,168 (State of the Sector III 2002 NICVA) CHARITIES ACT (Northern Ireland) 2008 What will it do ? Charities Commission for Northern Ireland 12 headings plus 2 NI definitions Charity Test Fully inclusive compulsory charities register 167 Charities All charities to make annual returns financial and performance New regulation of Public Charitable Collections Charitable Incorporated Organisation Trustee indemnity insurance Deregulation Charity Tribunal CHARITY COMMISSION FOR NORTHERN IRELAND CCNI What is its role? Public confidence objective Public benefit objective Compliance objective Charitable resources objective Accountability objective Trust – Confidence - Awareness - Understanding - Effectiveness STRUCTURE OF CCNI Chief Commissioner Deputy Chief Commissioner Commissioner Commissioner Commissioner Commissioner Chief Executive Head of Registration & Compliance Head of Investigation & Enforcement Head of Finance & Administration Commissioner (legal) CHARITY ACCOUNTS £100k to £500k £100k or less Are you a company and balance sheet more than £2.8 m? Yes No Does your constitution Say you should produce accrued accounts or have your trustees decided that you should? Are you a company? £500k or more Yes Prepare fully accrued audited accounts as per clause 65 (2) No Yes Prepare fully accrued accounts as per clause 65 (3) No Prepare receipts & payments accounts with statement of assets & liabilities as per 64 (3) Accounts signed off by independent person Accounts signed off by independent examiner Return made to Charity Commission for Northern Ireland Accounts signed off by auditor PUBLIC BENEFIT Established for charitable purposes ONLY Fall within one of 12 headings AND Is for the public benefit Not party political No presumption of public benefit Public benefit test Benefit gained or likely to be gained by members Detriment incurred or likely to be incurred compared with the benefit gained or likely to be gained Whether any condition, charge or fee is unduly restrictive CCNI must issue guidance Public consultation RELIGION AS A CHARITABLE PURPOSE CLAUSE 2. (2) (C) The advancement of religion CLAUSE 2. (3) In subsection (2)--(a) in paragraph (c) “religion” includes--(i) a religion which involves belief in one god or more than one god, and (ii) any analogous philosophical belief (whether or not involving belief in a god); DESIGNATED RELIGIOUS STATUS Recognition of special circumstances Sought after registration Not automatic, must apply, discretion of CCNI Conditions to be met Does not remove reporting or accounting Exemption clause 33-36 Advancement of religion principle purpose Regular holding public worship principle activity Established in N. Ireland least 5 years Sound internal governance structures Powers intervention Suspension, removal & appointment Interim manager Direction to protect Can be withdrawn UK & IRELAND REGULATORS FORUM How do we seek consistency in approach? Established October 2006 Membership – CC / OSCR / DSD / Dept. of Community Rural and Gaeltacht Affairs (ROI) Forum for discussion on charity matters between jurisdictions Address issues of consistency & interpretation Black bag collections CROSS BORDER & ALL ISLAND CHARITIES Cross Bordering Monitoring Group established to consider issues. Need to minimise over administration & reporting. Agree joint monitoring arrangements. Ensure reporting of activities in each jurisdiction. Ministerial meeting to consider all-Ireland charities. TIMETABLE When is this all going to happen? Sep 08 Royal Assent Mar 09 Appointment of Commissioners Apr 09 Commencement regulations Apr 09 Commission established May 09 Consultation on public benefit Apr 10 First new registrations Oct 10 Charitable Incorporated Organisations Jan 11 Public collections Apr 11 First financial returns and reports Does charities regulation matter and who cares? Charities Public Police Politicians Media You CONTACTS How to get in touch Seamus Murray tel: 028 90829428 [email protected] Roy Mc Givern tel: 028 90829404 [email protected] Vera Mc Cann tel: 028 90829405 [email protected] Kieran Doyle tel: 02890829427 [email protected] www.dsdni.gov.uk www.charitycommissionni.org