Elizabeth Chamberlain, policy manager at NCVO, has called the proposals from the parliamentary committee on the draft charities bill “sensible” and “balanced” and commended them for guarding against “inappropriate use of powers” by the Charity Commission.
Chamberlain (pictured) responded to the parliamentary committee’s backing of new powers for the Charity Commission by saying that they dealt well with the “tricky situation” of balancing “giving the Charity Commission enough discretion that it can operate without too many impediments with ensuring there are safeguards for charities subject to its attentions”.
She said that there were a “number of powers in the draft bill that would have given the Commission too much power to act on potentially subjective grounds”, but commended the committee for agreeing with NCVO’s proposals for provisions to guard against “inappropriate use of these powers”.
Chamberlain, however, said that the committee’s recommendation for the government to revisit the issue of preventative directions against acts of potential misconduct were not necessary. She said that the government was right to drop this proposal following its consultation and said that NCVO would be concerned if the idea were to reappear. She added that “while superficially appealing, such a power is beset with practical and legal problems”.
She added that NCVO is pleased with the committee’s attention to banking problems faced by charities operating in conflict zones, saying that these issues are complex and a commitment from government to help address them would be very welcome.
Sir Stephen Bubb, chief executive of Acevo, said that evidence suggests that the Charity Commission’s existing powers are “sufficient”, and also welcomed the “recommendation of safeguards to ensure the Commission behaves responsibly”.
The committee also spoke of the need to allow rehabilitated offenders to work with charities. Bubb has said that Acevo supports the amended list of offences that may disqualify people from becoming charity trustees, but said that “it is important that the government are not over-zealous in the application of the power to disqualify”.
He added that it would be a “grave error” if those who had been cautioned rather than convicted of such offences were to be excluded from involvement in charitable activity.
Bubb highlighted the unintended consequences of anti-terrorism legislation, as he had spoken of in his evidence, and the difficulties they can create for charities that provide aid in war zones. He said that he agreed with the committee that it is “absolutely right that humanitarian charities are given help and guidance to allow them to operate freely in war zones”. He called on the Charity Commission to create such guidance without delay.
The Charity Commission has welcomed the recommendations for the introduction of new powers.
William Shawcross, the Commission’s chair, said: “As the report makes clear, the bill will help us deal more effectively with charities that are at risk of deliberate abuse or the negligent action of trustees. The number of such cases is small given the 164,000 charities on our register, but their impact on public trust and confidence in all charities can be significant. The measures in the bill will strengthen the Commission's ability to act quickly to stop abuse and will thus enhance public trust in charities.
“The committee noted the unusual consensus behind these proposals; its endorsement underlines the importance of the draft bill becoming law swiftly. I would like to thank the Joint Committee for its conscientious work.”
The Commission has said it will consider the report’s findings carefully.
