Necessity of new Charities Bill could have been avoided - Swann

Ulster Unionist MLA Robin Swann has criticised the Department of Social Development after it was forced into introducing a new piece of legislation to put right the oversights contained within a Bill introduced only four years ago.

The North Antrim representative said;

“The Charities Bill, which is currently progressing through the Assembly, is only now attempting to put right a major anomaly which the Department has been aware of for a number of years. At best it was a simple oversight in the drafting ofthe original Bill, but at worst it is a damning indictment on the Department’s level of preparation given to the original Bill. Had enough thought and consideration went into the 2008 piece of legislation the Department would have been able to avoid this deeply embarrassing situation.

The first Bill in 2008 led to the creation of the Charities Commission for Northern Ireland, yet due to the totally inadequate wording on the point of public benefit provision, including what type of organisation would meet the criteria, the Commission has been unable to carry out even its most basic of responsibilities; ensuring all charities in Northern Ireland are registered and are complying with requirements.

Although the changes proposed in this new Bill are four years too late, it is with a sense of relief that the Department has now eventually came down on the side of public consensus and agreed that the main issue of dispute, the public benefit provision, should now replicate that already in force in England and Wales.

All charities, regardless of purpose, will be required to adhere to strict processes and submit annual reports and statement of accounts to Commission,but it is vitally important that the Department also acknowledge some organisations will be in a much better position to regularly provide this information than others.

I am pleased that only after urging the DSD Minister to ensure that flexibility and a level-headed approach were used throughout the Commission’s day to day operations, he has assured me that small charities would not be put under an unreasonable level of bureaucracy and red tape.”

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