Review of Charities Administration and Legislation in Northern Ireland Seamus Murray Voluntary and Community Unit Department for Social Development

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

CHARITIES SECTOR IN NI  Relatively large voluntary and community sector compared to England, Scotland and Wales.  Number of charities 4,500-5,000  Total annual income approx. £657m  Total expenditure £640m  Total assets £750m  Total workforce 29,168 (State of the Sector III 2002 NICVA)

WHY CHANGE  Greater public awareness?  Greater sense of probity in the sector  Governance and accountability  Crime prevention  Change all around us  Good house keeping

CURRENT REGULATION  No independent or semi independent commission or regulator in N. Ireland  No register of charities in N. Ireland  No approval process for charities in N. Ireland  DSD main charity authority for NI  Responsibility for policy and legislation  Discharges functions under Charities Act  Disposal of property  Change of purpose  Advice to trustees, solicitors, public

REVIEW PROCESS  Scoping study  Internal consideration  Advisory Group  Ministerial approval  Internal key stakeholder consultation  Consultation  Recommendations  Implementation administrative and legislative

PARAMETERS  Legislation  Tax  Relationships to neighbours UK & Ireland  Cost  Pragmatic and proportionate  P(p)olitically acceptable

KEY PROPOSALS  Establishment of a N. Ireland Charities Commission  Establishment of a fully inclusive compulsory charities register  Requirement for all charities wishing to operate in N. Ireland to register  Requirement for all charities to make annual returns financial and performance  Commission to carry out functions of regulation, investigation and support/good practice  Adoption of the 12 headings in English/Welsh draft bill  Establishment of a public benefit test

CONSULTATION- QUESTIONS & ISSUES  Do we need a commission?  Should it sit within or without government?  Could the service be contracted out or the role of another body extended to N. Ireland?  Should the functions of investigation & regulation be separated from guidance and support?  Should there be exemptions for certain charities?  What about the rest of the voluntary and community sector?

OUR TIMETABLE  Jan 04 -Advisory Group established  Jun 04 -Advisory Group proposals to DSD Minister  Sep 04 -Internal consultation with key stakeholders  Oct 04 -Public consultation  Jan 05 -Recommendations to Minister based on consultation  Mar 05 -Drafting of legislation