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Proceeding contribution from James Duddridge (Conservative) in the House of Commons on Wednesday, 25 October 2006. It occurred during Debate on bill on Charities Bill (HL).


Charities Bill [Lords]

At the risk of further alienating my hon. Friends, may I further praise the Minister for his conduct both in Committee and outside? I have noticed that when hon. Members compliment one another, particularly across the Chamber, there is usually a ““but”” coming, so I hope that the Minister will allow me to register one or two buts in my contribution. Clearly, we need the best possible framework to help the charitable sector reach its full potential, but I am not fully convinced that parts of the Bill will assist it to do so. Hon. Members on both sides of the House have spoken about the removal of the presumption of public benefit. I do not oppose the test per se, but I raised my concern in Committee that more schools rather than fewer schools should benefit from having charitable status. As the public benefit test is ratcheted up, it is possible that fewer will receive charitable status. I would probably be more comfortable if the test, and what it constitutes, were built more clearly into the Bill. I understand that no such definition to allow the necessary flexibility exists in the provisions before us. That will lead to confusion and a lack of clarity. It is vital that clear and concise guidance is given to independent schools about what is likely to be in the test. I understand that the Charity Commission is already holding discussions with representatives from the independent sector, but from my discussions with independent schools in my constituency I know that they are already concerned about where the bar will be set. Although I was a member of the Committee, I was unable to provide adequate advice to a governor who came to see me about the issue. I asked the Minister about trustees with learning disabilities, with particular reference to a charity of which I am a trustee, the SHIELDS—supporting, helping, informing everyone with learning disabilities—parliament in Southend, which acts as an advocacy centre for learning disabilities. In Committee, the Minister assured me that guidance documents were being refined; indeed, he precipitated discussions between the Charity Commission and the SHIELDS parliament, and I thank him very much for that. I also welcome the measures to make it easier for charities to recruit new trustees. I sincerely hope that they find those measures helpful. Key to the framework of the charity sector is the role of the Charity Commission. I realise that it is committed to reducing the administrative burden of regulation for charities by more than 25 per cent. over the next four years. Like most Members, I welcome that step, but I am concerned about the threshold for registration. It has been raised to £5,000, but that is still too low; conversely, the level of bureaucracy in the commission is too high. I support the amendment tabled earlier by my hon. Friend the Member for Isle of Wight (Mr. Turner), which proposed that the charity appeal tribunal should administer a suitors fund, or something similar. If small charities cannot appeal to the tribunal, its real value will be limited. Finally, I thank the Minister for reconsidering the definition of sport. I also express my personal thanks to him for not repeating the minutiae of some of the debate in Committee, as that certainly was not necessary.


Secondary information

Type
Proceeding contribution
Reference
450 c1624-5 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Disability Appeals Charities Audit Company law Companies Charity Commission Charitable donations Health Finance Land Gun sports Human rights Fundraising Private education Property transfer Property Schools Religion Regulation Sports Trusts Wills Humanism Chess
Legislation
Charities Bill (HL) 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk