Charitable Registration

Lord Sharma Excerpts

Tuesday 13th November 2012 Westminster Hall

[Fiona Bruce]

There are two more dichotomies: there appears to be no challenge to the rating exemption of gospel halls, provided that they have an appropriate notice outside; and, as devolved legislation, charity registration is dealt with differently in Scotland. I understand that the charitable registration of religious organisations in Scotland is not being challenged, so we could have a bizarre situation whereby, for example, a Brethren church in Scotland is registered as a charity and is able to claim tax exemption through the HMRC regulations, but its sister or brother church in England or Wales is not.

Earlier this year, the Charity Commission advised the Preston Down Trust’s solicitors that

“As a matter of law we are not able to satisfy ourselves and conclusively determine that Preston Down Trust is established for exclusively charitable purposes for public benefit and suitable for registration as a charity.”

That came as a complete surprise to the Plymouth Brethren organisation because it has been recognised as having charitable status for more than 50 years.

The Plymouth Brethren Church is a Christian Church that was established in 1828 as a breakaway from the Church of England and has some 16,000 members across the country. The Brethren’s Bible is the same Bible used by the Church of England and other mainstream Christian denominations with nothing added and nothing taken away.

The case is now the subject of an appeal by the Brethren to the charities first-tier tribunal and has been of extreme concern to Plymouth Brethren churches across the country since the Charity Commission refused the Preston Down Trust’s application, which was a sample application that effectively challenged the charitable status of up to 300 other Plymouth Brethren trusts, some of which are in Scotland.

[Alok Sharma (Reading West) (Con)]

I congratulate my hon. Friend on securing this debate; there is clearly huge interest among hon. Members. In Reading, we have three gospel halls run by the Brethren that do very good public works. Does my hon. Friend agree that the case goes wider than the Brethren? The Charity Commission could be setting a precedent, which is something that none of us wants. Does she agree that we need to be careful to ensure that there is fairness and that we do not set a precedent that we will regret?

[Fiona Bruce]

I absolutely agree. Some smaller Christian denominations are seriously concerned. I know who they are, but they do not wish to be named for obvious reasons. There are hundreds, if not thousands, of independent free Churches that potentially also have cause for concern but, incidentally, do not have the resources to appeal, as the Brethren have, to the tribunal.