Transcript Consultation on Implementation of Charities Act 2009 23

Consultation on Implementation of
Charities Act 2009
23 January to 20 March 2013
Úna Ní Dhubhghaill
Charities Regulation Unit
Presentation to Department of Justice and
Equality Consultation Meeting
15 March 2013
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Context for this consultation
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Summary of proposals out for consultation
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Key themes and questions emerging so far
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What we are hoping for from today
Background to Consultation
2009 Enactment of Charities Act - A new regulatory regime for
charities
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Charities Regulatory Authority
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Statutory Register of Charities
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Authority to take on role of Commissioners of Charitable
Donations and Bequests
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Also range of new functions, e.g. advisory; monitoring;
enforcement, etc.
Objectives:
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to ensure greater accountability
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to protect against abuse of charitable status and fraud
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to enhance public trust and confidence in charities
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to increase transparency in the sector
Background to Consultation
Implementation of Charities Act
• 2009-2010 – Some technical provisions commenced
• Change in economic circumstances
• 2011 - Primary policy responsibility to Department of
Justice and Equality
• Further implementation deferred due to costs
• Alternatives explored
• 2013 – Consultation on proposals to progress the
implementation of the Act
Proposals for Consultation
Consultation focussed on implementation issues
1. Establishment of Charities Regulatory
Authority (s.12-38)
2. Creation of a statutory Register of Charities
(s.39-46)
3. Reporting arrangements for registered
charities (s.47-54)
…open question
• Key elements of proposal
• Some emerging themes and questions
Charities Regulatory Authority
Charities Act 2009 Sections 12-38
Charities Regulatory Authority – Independent Regulator
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Existing functions of Commissioners of Charitable Donations and
Bequests
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New functions – registration; advisory; compliance
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Independent Board appointed by the Minister for Justice and
Equality
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Supporting staff from Department of Justice and Equality
Emerging themes:
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Registration of Charities
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Increasing transparency and accountability in the charities
sector
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Support for charities – governance, regulatory compliance
Register of Charities
Charities Act 2009 Sections 39 to 46
Register of charitable organisations
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Established and maintained by the Charities Regulatory Authority
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Initially based on list of organisations deemed eligible by Revenue for
charitable tax exemption
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In time, all charities will be required to register
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Register will be published online by the Authority
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Registered charities will be required to pay an annual fee
Emerging themes:
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Value of authoritative source of information on charitable status
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Scope for integration of annual reporting with register
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Scope for inclusion of financial information on register
Reporting Requirements
Charities Act 2009 Sections 47 to 54
Annual activity reports
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Accompanied by accounts (in some cases)
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Flexibility on form and content of these reports and accounts –
principle of proportionality
Emerging themes:
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Need to ensure efficiency of reporting
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Clarity on reporting requirements
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Inclusion of performance information; financial information;
complaints data
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Other emerging themes
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Implications for particular sub-sectors, e.g. charities that
operate in other jurisdictions; charities subject to other
regulatory regimes, etc.
Role of other State actors
Role of umbrella bodies
Importance of quality service
Continued broad base of support
Importance of transparent consultative process
Today’s event
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Towards the end of the consultation period – ends 20 March
Opportunity to address any outstanding questions about
consultation content and process
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Opportunity for interactive engagement on some key themes
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To allow ideas, answers to emerge through open discussion
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Use your expertise to strengthen the implementation process
Finally…
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Implementation focus
Resource constraints
Flexibility on aspects of implementation
Opportunity to shape outcomes
Shared responsibility for outcomes
Constructive engagement
“Charities play a vital role in our society and economy. We want to
support them in this by putting in place a system of regulation
that is proportionate, responsive, and sensitive to the needs and
concerns of both charities themselves and the donor public….”
Minister for Justice and Equality, 23 January 2013
Next Steps
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Consultation closes 5.00pm Wednesday 20th March
2013
Analyse and publish consultation submissions
Results of consultation to inform implementation
process
- establishment of Charities Regulatory Authority
- development and publication of Register
of Charities
Consultation on Implementation of
Charities Act 2009
23 January to 20 March 2013
Thank you for listening
Questions welcome