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Minister of State with responsibility for Community Development, Integration and Charities, Joe O’Brien, will introduce the Charities (Amendment) Bill, 2023 to Dáil Éireann today (Thursday, 25 January 2024).
The Bill revises and updates the 2009 Charities Act, and is a key step that needs to be implemented in order to allow for the appropriate regulation, particularly financial regulation, of the sector.
The measures proposed will introduce greater transparency to the way in which charities report, enhancing public confidence in the sector, and will enhance and consolidate the existing legal framework for the Charities Regulator to carry out its statutory functions.
The Bill includes provisions that will ensure that registered charities that are companies will be subject to the same regulatory requirements and rules as all other registered charities. It also increases the financial thresholds which currently apply for the regulation of charities to ensure more appropriate reporting requirements that are reflective of a charity’s size.
Commenting on the Bill, Minister O’Brien stated:
“The charity sector is an important and valued part of Irish society, playing an integral role in the provision of services to our communities. To ensure that our charities continue to thrive, and that public confidence in them is maintained, an updated legal framework that reflects the reality of operations on the ground is required.
“The provisions contained in this Bill will ensure that we are striking the right balance between the regulations necessary within the charity sector and, and ensuring that these measures are proportionate to the size and operation of the charity. These measures will protect this valuable sector and give our citizens the confidence needed to continue to contribute generously to many worthy charitable causes.”
Other key reforms in the Bill include:
Minister O’Brien concluded:
“I also welcome the establishment of the advancement of human rights as a recognisable charitable purpose under Irish law, reflecting Ireland’s strong commitment in this area, particularly in our international policy. I look forward to working with government colleagues in progressing this Bill through the Houses of the Oireachtas in the coming months.”
There are 40 Heads with the Draft Bill.
Part 1 contains Preliminary and General Heads.
Part 2 covers Heads 3 to 38 and refers to amendments to the Charities Act 2009. These amendments are wide ranging include updates to the operation of the Register of Charities, financial reporting and audit requirements, the general duties of trustees, intermediate sanctions, powers concerning the protection of charitable organisations and the introduction of the advancement of human rights as a charitable purpose.
Part 3 incorporates Heads 39 and 40 and includes required amendments to the Charities Act 1961, as well as to current tax legislation.