A consultation has opened on plans to expand the Charity Commission’s powers to disqualify trustees as part of a government crackdown on “extremist abuse”.
The government is proposing that the commission should be empowered to ban those who promote or encourage “violence, or racial or religious hatred”.
It is also recommending that more people convicted of certain hate-related offences should be automatically prevented from becoming trustees or senior managers at charities.
In addition, the plans co-developed by the government and the commission would extend current disqualification rules that apply to people convicted of terrorism and other serious offences.
Views are being sought on how the powers should work in practice, and how they can protect charities while safeguarding debate, campaigning and freedom of expression.
The government originally announced its intention last year to consult on expanded powers for the commission, drawing some concerns from sector bodies including NCVO about a potential suppression of charity campaigning.
Under the proposals published today, the commission would be given discretion to ban those who express views which promote “violence, or hatred against any group of people defined by reference to their race, or their religion or belief”.
However, the extended powers are “not intended to capture mere offence or unpleasantness towards an individual or a group of people, or to prevent legitimate debates or speakers”.
NCVO’s chief influencing officer Leigh Brimicombe said today: “Any further extension of the Charity Commission’s powers must be carefully targeted, clearly defined, and subject to robust safeguards to ensure they cannot be used to restrict legitimate charitable activity or silence civil society.
“Meaningful engagement with the sector will be essential to getting these proposals right.”
He said NCVO would be “taking the time to read the proposals in full” and encouraged civil society organisations to respond to the consultation.
Powers must ‘keep pace’ with threats
Commission chair Julia Unwin previously said plans to bolster enforcement were necessary to combat “vile hatred and division”.
Since October 2023, the commission has opened more than 400 cases examining potential wrongdoing in charities in the context of the conflict in the Middle East and made more than 80 referrals to the police.
David Holdsworth, commission chief executive, said today that the regulator’s powers must be proportionate to growing hostility.
“There is no place in the charity sector for the promotion of violence or racial or religious hatred, and our powers must keep pace with the changing threats,” he said.
Holdworth acknowledged the need to protect lawful freedom of speech, robust debate and oppositional views in the sector.
“We have worked closely with the government to develop proposals that will help us protect charities against those who would misuse them to spread hate,” he said.
The consultation is part of Protecting What Matters, a government initiative started by former prime minister Keir Starmer in April to promote social cohesion.
Vicky Foxcroft, civil society minister, said: “Where people seek to use charities as a platform to promote hatred or violence, we need to make sure the Charity Commission has the powers it needs to act.
“Our proposals would strengthen the safeguards around charities while protecting legitimate debate and campaigning.
“We want to hear from charities, trustees and the wider public on our plans so that we get them right in practice.”
The consultation will run for 10 weeks, closing on 22 December, after which the government will publish a summary of responses.
