The Charity Commission will today tell the High Court that it did not exceed its regulatory powers when it contacted charities to seek assurances that they would not fund a pressure group accused of defending a terrorist.
Earlier this year the Joseph Rowntree Charitable Trust accused the Commission of putting it under “intense regulatory pressure” to promise not provide further funding in the current circumstances to the advocacy group, Cage, which is not itself a charity.
Cage came under media scrutiny in March 2015, when it was heavily criticised for defending British citizen Mohammed Emwazi, who was identified as the Islamic State executioner dubbed ‘Jihadi John’.
In June Cage made a submission to the High Court arguing that the Commission has acted outside of its powers and was granted a judicial review on one of the three points.
Zoe Nicola, Cage's solicitor, said: "The actions of the Charity Commission in this instance will have a chilling effect on the ability of third sector and charitable organisations to engage in controversial debates and are counter-productive."
The judicial review hearing is taking place at the High Court today where the Commission will argue that it did not exceed its powers because it had asked for voluntary assurances that the Joseph Rowntree Charitable Trust had no plans to fund Cage in future, and as such it was not using its statutory powers.
Instead the Commission will claim that it was carrying out its duty to uphold public trust and confidence by providing guidance in a case where significant media scrutiny could have an impact on the wider sector.
In a statement ahead of the hearing the Commission said: “Given the public statements made by representatives of Cage in February about Mohammed Emwazi / ‘Jihadi John’ and the public outrage and concern these comments generated, the commission sought information and assurances from charities which had funded or been connected with Cage.”
It added that: “The commission’s aim was to protect the public trust and confidence in charity and to ensure that the trustees of the charities concerned were complying with their legal duties. The commission remains of the view that this was the responsible course of action for the charity regulator to take.”
The Commission said it is “confident” that the court will rule in its favour.
Cage was asked for comment, and referred Civil Society News to a statement given earlier this year when it first sought permission for judicial review.
The Joseph Rowntree Charitable Trust declined to comment until a judgement is made.
