William Shawcross has misunderstood the Charity Commission's role in preserving the sector's independence, says Sir Roger Singleton.
The latest report by the Panel on the Independence of the Voluntary Sector, Independence Undervalued, has been the subject of lively debate since it was published on 21 January. Our conclusion that the Charity Commission has a role in protecting charities’ independence has recently been challenged by the chair of the Commission, according to reports last week on civilsociety.co.uk.
In general, there has been little fundamental disagreement within the sector with our view that the independence of the sector is undervalued and under serious threat. That’s a significant shift from when the Panel published its first assessment in 2012. The discussion now is increasingly about what should be done about it – and by whom.
William Shawcross is absolutely right to stress, as we did in our report, that charities must do more to protect their independence individually or collectively. The Commission for Civil Society and Democratic Engagement is one positive example in relation to the Lobbying Bill. The Panel itself, which was initiated and is funded by the Baring Foundation, has also had an important role as a catalyst but it is a one-off initiative that comes to an end in 2015.
I do, however, take issue with William Shawcross's reported view that it is not the role of the Commission to safeguard the sector’s independence because “‘it is not a campaigner for charities but a policeman”.
We think safeguarding independence lies at the heart of the job of the Commission as a regulator. Its first statutory objective is to increase public trust and confidence in charities. That means ensuring that charities work solely for their charitable purposes, serving neither private nor governmental nor political interests. Enforcement in individual cases is important but so is preventative work - issuing guidance and advice, promoting the importance of independence and monitoring and highlighting any systemic threats.
Indeed, the Commission’s guidance on such important questions as political campaigning underpins independence of voice. In the past, the Commission has also undertaken important research, for example on levels of public confidence in charities and about the impact on independence of increased working with the state. No-one would suggest that this is campaigning for charities or at odds with being a policeman.
But now, the Commission is under intense pressure to focus on its compliance work in the face of much-reduced resources. Our concern is that it will cease to be proactive as well as reactive. This is especially likely if that work is mislabelled as “campaigning” or “championing” charities.
This comes at a time when the distinctive role of an independent sector is being steadily eroded and some politicians are challenging the validity of campaigning and policy work by charities. The Charity Commission should not just champion the sector’s independence but hold the line against attacks.
It is good that William Shawcross is speaking about the importance of independence, even if he does appear to be sending mixed messages. An independent charitable sector lies at the heart of a healthy and compassionate society and the Charity Commission is an important force for ensuring it stays this way.
Sir Roger Singleton CBE is chair of the Panel on the Independence of the Voluntary Sector