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To ask the Chancellor of the Exchequer, whether any revenue has accrued to the Exchequer from a cy-près scheme from (a) Zedra Fiduciary Services and (b) the National Fund as at 28 March 2022.
To ask the Chancellor of the Exchequer, whether any revenue has accrued to the Exchequer from a cy-près scheme from (a) Zedra Fiduciary Services and (b) the National Fund as at 28 March 2022.
No revenue has accrued to the Exchequer from a cy-près scheme from either Zedra Fiduciary Services or the National Fund as at 28 March 2022.
Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 17 March (HL2334), when they first became aware of a request from a relative of the donor to return the money in the National Fund to the family; and whether they intend to make any change...
Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 17 March (HL2334), when they first became aware of a request from a relative of the donor to return the money in the National Fund to the family; and whether they intend to make any change...
In October 2019 the Attorney General’s Office was contacted by representatives of an individual who claimed to be a descendent of the anonymous donor that established the National Fund. They also claimed that the trust was void ab initio and that unless the court finds that the donor had a “paramount charitable intent”, the Fund belongs to his residuary estate.
The individual subsequently applied to join the proceedings initiated by the Attorney General in May 2018, in order to represent the interests of all persons who are or may be or become entitled to share in the residuary estate of the donor. In January 2020 the Court ordered that this individual be joined to the proceedings and that they serve evidence in support of their claim.
The Attorney General remains of the view that the trust establishing the National Fund is valid and its purposes exclusively charitable.
It is now for the High Court to determine the individual’s claims and decide whether the terms of the charitable trust should be varied as sought by the Attorney General. If the Attorney General’s application is successful the money in the fund will be paid over to the National Debt Commissioners towards the reduction of the national debt.
The hearing in the High Court is scheduled for October 2020.
To ask Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 14 March 2019 (HL14162), what was the outcome of the Attorney General’s application to the High Court on 22 May 2018 to release the assets of the National Fund; and whether that charity’s up-to-date...
To ask Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 14 March 2019 (HL14162), what was the outcome of the Attorney General’s application to the High Court on 22 May 2018 to release the assets of the National Fund; and whether that charity’s up-to-date...
The National Fund was created in 1928 with the purpose of paying off the entire national debt. At present the fund cannot be used unless it completely clears the national debt, due to the terms of the fund’s charitable trust.
On 22 May 2018 the then Attorney General made an application to the High Court to vary the terms of the charitable trust so that the National Fund can be used to help pay down the national debt.
It is now for the High Court to decide whether the terms of the charitable trust should be varied. If the application is successful the money in the fund will be paid over to the National Debt Commissioners towards the reduction of the national debt.
The hearing in the High Court is scheduled for October 2020.
The website of the Charity Commission indicates that the accounts of the National Fund for 05 April 2019 are overdue.
To ask Her Majesty's Government what action they intend to take, if any, in regard to the National Fund.
To ask Her Majesty's Government what action they intend to take, if any, in regard to the National Fund.
The National Fund was created in 1928 with the purpose of paying off the entire national debt. At present the fund cannot be used unless it completely clears the national debt, due to the terms of the fund’s charitable trust.
On 22 May 2018 my predecessor made an application to the High Court to vary the terms of the charitable trust so that the National Fund can be used to help pay down the national debt.
It is now for the High Court to decide whether the terms of the charitable trust should be varied. If the application is successful the money in the fund will be paid over to the National Debt Commissioners towards the reduction of the national debt.
A hearing of the claim is due to take place in October.
To ask Her Majesty's Government whether they hold information about the identity of the donor who set up the National Fund.
To ask Her Majesty's Government whether they hold information about the identity of the donor who set up the National Fund.
The National Fund was set up by a trust deed in 1928. The Fund is held on trust for the purpose of reducing the National Debt.
The 1928 deed does not record who the founder was, and it is apparent from accompanying documents that they wished to remain anonymous.
Her Majesty’s Government therefore does not hold information about the identity of the donor who set up the Fund.
To ask Her Majesty's Government whether the Attorney General’s application to the High Court to release the assets of the National Fund has now been concluded; and if so, how those assets are shown in HM Treasury’s accounts.
To ask Her Majesty's Government whether the Attorney General’s application to the High Court to release the assets of the National Fund has now been concluded; and if so, how those assets are shown in HM Treasury’s accounts.
The National Fund was set up by a trust deed in 1928. The Fund is held on trust for the purpose of reducing the National Debt. According to expert evidence, there is no realistic prospect of the Fund ever amounting to a sum sufficient to pay off the whole of the National Debt.
The application made by the then Attorney General to the High Court on 22nd May 2018, to release the assets of the National Fund in order to pay down national debt, has not yet concluded. In February 2019 the High Court Listing Officer allocated a three day hearing during a five day window starting on 18 November 2019.
To ask Her Majesty's Government what was the value of the National Fund in each of the last 30 years.
To ask Her Majesty's Government what was the value of the National Fund in each of the last 30 years.
The total value of the National Fund (registered charity number 1046814) in each of the last 30 years is outlined in the table. This information is drawn from the annual return and accounts made by the charity to the Charity Commission.
Further information about this charity can be found on the Commissionâs Register of Charities â http://beta.charitycommission.gov.uk/charity-details/?regid=1046814&subid=0
Year | Value |
31st March 1989 | £69,300,504 |
31st March 1990 | £72,653,490 |
31st March 1991 | £77,709,537 |
31st March 1992 | £82,498,878 |
31st March 1993 | £100,763,662 |
31st March 1994 | £121,911,103 |
31st March 1995 | £115,238,395 |
31st March 1996 | £137,805,861 |
5th April 1997 | £150,190,619 |
5th April 1998 | £198,319,294 |
5th April 1999 | £211,483,433 |
5th April 2000 | £229,684,098 |
5th April 2001 | £195,273,150 |
5th April 2002 | £190,712,791 |
5th April 2003 | £148,667,171 |
5th April 2004 | £183,275,344 |
5th April 2005 | £199,826,830 |
5th April 2006 | £253,825,296 |
5th April 2007 | £270,696,472 |
5th April 2008 | £280,633,063 |
5th April 2009 | £245,436,574 |
5th April 2010 | £319,296,696 |
5th April 2011 | £339,804,923 |
5th April 2012 | £352,367,480 |
5th April 2013 | £382,135,431 |
5th April 2014 | £403,289,053 |
5th April 2015 | £444,060,381 |
5th April 2016 | £422,092,507 |
5th April 2017 | £474,933,604 |
5th April 2018 | £498,762,757 |
To ask the Attorney General, pursuant to the Answer of 23rd July 2018 to Question 165033 on the National Fund, whether he has received a hearing date from the High Court on his application to release the money held by the National Fund.
To ask the Attorney General, pursuant to the Answer of 23rd July 2018 to Question 165033 on the National Fund, whether he has received a hearing date from the High Court on his application to release the money held by the National Fund.
The National Fund was set up by a trust deed in 1928. The Fund is held on trust for the purpose of reducing the National Debt. According to expert evidence, there is no realistic prospect of the Fund ever amounting to a sum sufficient to pay off the whole of the National Debt. On 22nd May 2018 the former Attorney General made an application to the High Court to vary the terms of the charitable trust.
While we expect the substantive hearing to take place in 2019, we have not yet received a hearing date from the High Court.
I wish to raise several points before the House adjourns for the summer recess, and I am delighted that so many colleagues have stayed to contribute to this debate. We really need a week to do justice to all the subjects that we cover.
I congratulate my hon. Friend the Member...
I wish to raise several points before the House adjourns for the summer recess, and I am delighted that so many colleagues have stayed to contribute to this debate. We really need a week to do justice to all the subjects that we cover.
I congratulate my hon. Friend the Member...
To ask the Attorney General, what progress he has made in his application to the High Court to release the money held by the National Fund.
To ask the Attorney General, what progress he has made in his application to the High Court to release the money held by the National Fund.
The National Fund was created in 1928 with the purpose of paying off the entire national debt. At present the fund cannot be used unless it completely clears the national debt, due to the terms of the fund’s charitable trust.
On 22 May 2018 my predecessor made an application to the High Court to vary the terms of the charitable trust so that the National Fund can be used to help pay down the national debt.
It is now for the High Court to decide whether the terms of the charitable trust should be varied. If the application is successful the money in the fund will be paid over to the National Debt Commissioners towards the reduction of the national debt.
I consider that applying the fund in reduction of the national debt is the correct approach. This approach maintains the original charitable purpose of the national fund, namely the reduction of the national debt and it honours the original intention of the donors as a result of whose generosity the fund exists.
We await a hearing date from the High Court.
To ask the Attorney General, if he will seek the release of money from the National Fund in order to set up a fund for good causes.
To ask the Attorney General, if he will seek the release of money from the National Fund in order to set up a fund for good causes.
The National Fund was created in 1928 with the purpose of paying off the entire national debt. At present the fund cannot be used unless it completely clears the national debt, due to the terms of the fund’s charitable trust.
On 22 May 2018 my predecessor made an application to the High Court to vary the terms of the charitable trust so that the National Fund can be used to help pay down the national debt.
It is now for the High Court to decide whether the terms of the charitable trust should be varied. If the application is successful the money in the fund will be paid over to the National Debt Commissioners towards the reduction of the national debt.
I consider that applying the fund in reduction of the national debt is the correct approach. This approach maintains the original charitable purpose of the national fund, namely the reduction of the national debt and it honours the original intention of the donors as a result of whose generosity the fund exists.
We await a hearing date from the High Court.
Could the Minister say something about a separate charitable fund held by the Treasury, which I am told arises from fines imposed on banks during the banking crisis? If that fund exists, what size is it and who can access it?
Could the Minister say something about a separate charitable fund held by the Treasury, which I am told arises from fines imposed on banks during the banking crisis? If that fund exists, what size is it and who can access it?
I thank the noble Baroness for her question. Unfortunately, it is a little beyond my brief today as it does not particularly relate to charities. However, I shall endeavour to find out that information and write to her.
I thank the noble Baroness for her question. Unfortunately, it is a little beyond my brief today as it does not particularly relate to charities. However, I shall endeavour to find out that information and write to her.
I thank the noble Baroness for her question. Unfortunately, it is a little beyond my brief today as it does not particularly relate to charities. However, I shall endeavour to find out that information and write to her.
Could the Minister say something about a separate charitable fund held by the Treasury, which I am told arises from fines imposed on banks during the banking crisis? If that fund exists, what size is it and who can access it?
My Lords, the trustees actually asked the Charity Commission for permission to give the money to charity, and they referred the matter to the Attorney-General to get permission for that purpose. Why were the wishes of the trustees actually ignored?
My Lords, the trustees actually asked the Charity Commission for permission to give the money to charity, and they referred the matter to the Attorney-General to get permission for that purpose. Why were the wishes of the trustees actually ignored?
My Lords, the wishes of the trustees were not ignored. The noble Lord is quite right in saying that, initially, it was the view of the trustees that the money should be used for other charitable purposes. They approached the Attorney-General, who then looked into the very complex charity laws surrounding this case, and it was then agreed that this was the only reasonable way forward. To that extent, in February 2017, William Shawcross, who was then the chairman of the Charity Commission, said that he accepted the legal correctness of the approach that the Government wished to adopt.
My Lords, the charitable purpose of the National Fund is the reduction of the national debt. Therefore, using the fund to reduce the national debt must be the correct approach. It is not right to use money donated for a specified charitable purpose to support one or other different cause, however worthy those other causes may be.
My Lords, the charitable purpose of the National Fund is the reduction of the national debt. Therefore, using the fund to reduce the national debt must be the correct approach. It is not right to use money donated for a specified charitable purpose to support one or other different cause, however worthy those other causes may be.
To ask Her Majesty’s Government whether they will review the recent decision of the Attorney General to give over £400 million from a registered charity, the National Fund, to the Treasury.
My Lords, actually, this charity was set up to write off, not to reduce, the national debt—so can we just keep to the facts? The national debt is £1.84 trillion, which is 4,000 times the size of this charity. In fact, the national debt grows by the size of the charity every day. Instead
of helping people with charitable purposes, the Attorney-General has simply given it to his friend, the Chancellor, with no consultation or debate in Parliament and no parliamentary approval. Just because it cannot write off the debt is no reason to use it in the way suggested. Given that we now have a new Attorney-General, would the Minister agree to ask him to reconsider that decision and make sure that charitable money is used for charitable purposes?
My Lords, actually, this charity was set up to write off, not to reduce, the national debt—so can we just keep to the facts? The national debt is £1.84 trillion, which is 4,000 times the size of this charity. In fact, the national debt grows by the size of the charity every day. Instead
of helping people with charitable purposes, the Attorney-General has simply given it to his friend, the Chancellor, with no consultation or debate in Parliament and no parliamentary approval. Just because it cannot write off the debt is no reason to use it in the way suggested. Given that we now have a new Attorney-General, would the Minister agree to ask him to reconsider that decision and make sure that charitable money is used for charitable purposes?
My Lords, the noble Baroness is not quite right. It is, indeed, the charitable purpose of this charity to pay off the national debt. The issue to which she refers is around the administrative provisions within clauses 2 and 3A of the 1928 deed, which specify that it can be paid off when that condition is reached—but the purpose remains the same. However, it is the case that, after much consideration, it is now the opinion of the trustees of the charity, the Charity Commission and, indeed, the investment managers, that to resolve the situation, we should seek the permission of the High Court to use this fund to pay down the national debt.
My Lords, the noble Baroness is not quite right. It is, indeed, the charitable purpose of this charity to pay off the national debt. The issue to which she refers is around the administrative provisions within clauses 2 and 3A of the 1928 deed, which specify that it can be paid off when that condition is reached—but the purpose remains the same. However, it is the case that, after much consideration, it is now the opinion of the trustees of the charity, the Charity Commission and, indeed, the investment managers, that to resolve the situation, we should seek the permission of the High Court to use this fund to pay down the national debt.
My Lords, the noble Baroness is not quite right. It is, indeed, the charitable purpose of this charity to pay off the national debt. The issue to which she refers is around the administrative provisions within clauses 2 and 3A of the 1928 deed, which specify that it can be paid off when that condition is reached—but the purpose remains the same. However, it is the case that, after much consideration, it is now the opinion of the trustees of the charity, the Charity Commission and, indeed, the investment managers, that to resolve the situation, we should seek the permission of the High Court to use this fund to pay down the national debt.
My Lords, actually, this charity was set up to write off, not to reduce, the national debt—so can we just keep to the facts? The national debt is £1.84 trillion, which is 4,000 times the size of this charity. In fact, the national debt grows by the size of the charity every day. Instead
of helping people with charitable purposes, the Attorney-General has simply given it to his friend, the Chancellor, with no consultation or debate in Parliament and no parliamentary approval. Just because it cannot write off the debt is no reason to use it in the way suggested. Given that we now have a new Attorney-General, would the Minister agree to ask him to reconsider that decision and make sure that charitable money is used for charitable purposes?
My Lords, the wishes of the trustees were not ignored. The noble Lord is quite right in saying that, initially, it was the view of the trustees that the money should be used for other charitable purposes. They approached the Attorney-General, who then looked into the very complex charity laws surrounding this case, and it was then agreed that this was the only reasonable way forward. To that extent, in February 2017, William Shawcross, who was then the chairman of the Charity Commission, said that he accepted the legal correctness of the approach that the Government wished to adopt.
My Lords, the wishes of the trustees were not ignored. The noble Lord is quite right in saying that, initially, it was the view of the trustees that the money should be used for other charitable purposes. They approached the Attorney-General, who then looked into the very complex charity laws surrounding this case, and it was then agreed that this was the only reasonable way forward. To that extent, in February 2017, William Shawcross, who was then the chairman of the Charity Commission, said that he accepted the legal correctness of the approach that the Government wished to adopt.
My Lords, the trustees actually asked the Charity Commission for permission to give the money to charity, and they referred the matter to the Attorney-General to get permission for that purpose. Why were the wishes of the trustees actually ignored?
My Lords, surely there is an easy resolution to this—a payment is made to the Chancellor to keep in the narrow terms of the trust, but the wishes of the trustees for such money to go to charity are then met by an offsetting donation by the Government, which is the kind of mechanism used for dormant bank accounts.
My Lords, surely there is an easy resolution to this—a payment is made to the Chancellor to keep in the narrow terms of the trust, but the wishes of the trustees for such money to go to charity are then met by an offsetting donation by the Government, which is the kind of mechanism used for dormant bank accounts.
My Lords, I do not believe that that would be within the spirit of the law at all.
My Lords, I do not believe that that would be within the spirit of the law at all.
My Lords, I do not believe that that would be within the spirit of the law at all.
My Lords, surely there is an easy resolution to this—a payment is made to the Chancellor to keep in the narrow terms of the trust, but the wishes of the trustees for such money to go to charity are then met by an offsetting donation by the Government, which is the kind of mechanism used for dormant bank accounts.