Energy Bill
Debate between Baroness Verma and Lord Phillips of Sudbury
Lord Phillips of Sudbury (LD)
My Lords, I will comment briefly on this clause because in my life hitherto I have spent a great deal of time trying to help the great British public understand some of the contracts that have come their way. I am afraid to say—and I do not think anyone in the House will disagree—that a good deal of cynicism has been employed by some of the very large energy suppliers, and indeed other suppliers in recent years, designed expressly to confuse the consumer with a view to preventing ordinary folk from understanding what their best tariff, for example, might be. This is a clause of great virtue, which should be supported.
Baroness Verma
My Lords, I thank all noble Lords for their support for this amendment and the noble Lord, Lord Roper, for speaking on behalf of the noble Baroness, Lady Maddock, to her amendment. These amendments would place in the Bill a requirement that information in consumer energy bills must be,
“provided in a form that is clear and easy to understand”.
My noble friend Lady Maddock raised the importance of this at Second Reading and in Committee, and the Government agree it is vital. Ensuring consumers are provided with clear and simple information regarding their existing tariff and others available to them is one of the key aims of the powers in question, and of Ofgem’s retail market review. I am therefore very grateful to my noble friend for bringing forward these amendments and I can confirm that the Government are happy to accept them.
Energy: Tariffs
Debate between Baroness Verma and Lord Phillips of Sudbury(11 years, 11 months ago)
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Baroness Verma
My Lords, I do not quite know how the noble Baroness can predict what the Energy Bill will do until it arrives. When it arrives, I am sure that we will have long discussions over it. She misses out the point that the Energy Bill has brought certainty for investment. It will create a lot of jobs and ensure that consumers are at the heart of energy policy.
Lord Phillips of Sudbury
My Lords, does my noble friend agree that it is a sad if not tragic reflection on the state of big business today that one has to introduce legislation to prevent it engaging in premeditated deception of the most vulnerable consumers?
Baroness Verma
My noble friend speaks as many people feel: there is much that we need to do for the consumer. However, he will also be aware that energy bills have been rising because of wholesale prices rising, a matter over which we have very little control. Many of the increases that have taken place have occurred because of wholesale prices and not because energy companies here are raising prices.
Charities Bill [HL]
Debate between Baroness Verma and Lord Phillips of Sudbury(13 years ago)
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Baroness Verma
My Lords, I hope to be able to keep my contribution relatively short. I will give a brief explanation of the drafting amendment that we have put down. I will also mention the review of the Charities Act 2006, which will include consideration of the substantive issue that lies behind this amendment.
The amendment responds to the point that was raised in Committee by my noble friend Lord Phillips of Sudbury. As the law stands, there are two subtly different definitions of charitable purpose that are used in different contexts. The definition of charitable purpose in Clause 2 is a definition which applies generally; that is, in legislation generally and in documents such as trust deeds, and in England and Wales as well as, for certain purposes, Scotland and Northern Ireland. The definition of charitable purpose in Clause 11 has a much more limited application. It applies only in England and Wales and only to provisions derived from the Charities Act 1993.
The initial suggestion of my noble friend Lord Phillips was that the two definitions should be combined into one. This was not an option, however, as the rules for consolidation Bills constrain the drafter from making any changes that would alter the meaning of the current law, so both definitions of charitable purpose had to be consolidated into the Charities Bill.
The remaining concern of my noble friend Lord Phillips was that a reader of the legislation could miss the fact that there are two subtly different definitions of charitable purpose that apply in different contexts. He suggested certain drafting amendments to address this point. The amendment we have put down deals with the issue more simply by placing a flag at the end of Clause 2 to alert the reader to the existence of the separate definition of charitable purpose in Clause 11. As I said during Committee stage, we recognise that there is a more fundamental point that ought to be considered; namely, whether it is possible to have one definition of charitable purpose rather than the two that exist in the current law. Although we could not consider such a change in this Bill, I do undertake for it to be included in the review of the Charities Act 2006.
My noble friend Lord Hodgson of Astley Abbotts has been appointed to undertake the review of the Charities Act 2006. He has recently chaired the red tape task force, the sensible and practical recommendations of which have been widely welcomed by the charity sector. Also, as an opposition Front-Bench spokesperson during the previous Administration, he led on the Companies Act 2006 and the Charities Act 2006. His significant experience makes him ideally suited to lead this review and I am sure that your Lordships will join me in welcoming his appointment.
The aims of the review will be twofold: to report on the operation and effectiveness of the provisions of the Charities Act 2006; and to consider whether further changes could be made to improve the legal and regulatory framework for charities. The terms of reference are broadly drawn to reflect these aims. I have placed a copy of the terms of reference in the House Library and they are available on the Cabinet Office website. The review is expected to report before Summer Recess in 2012 and a copy of the report will be laid in Parliament.
My noble friend Lord Hodgson has confirmed that he will consider the concern of my noble friend Lord Phillips about the two definitions of charitable purpose as part of his review. In the mean time, although this amendment will not resolve the underlying problem, it will ensure that readers of the legislation are aware that there are two definitions of charitable purpose. As such it is helpful. I beg to move.
Lord Phillips of Sudbury
My Lords, I am grateful for what my noble friend the Minister said in respect of the amendment in her name. I can only concur with and applaud it, because, in my view, the Bill as drafted, given the limitations of consolidation statute, was none the less a big elephant trap for any non-charity lawyer who waded into the same, not realising that the definition in Clause 2 was subtly but significantly different from the definition in Clause 11 of the same phrase. It may seem odd for a charity lawyer to have, as a near-passion, the wish to try and keep charity law as simple, direct and plain as possible; but that has always been my position. It was during the course of the Charities Bill in 2006, when I led for these Benches, and remains an abiding passion in an age that seems to get more and more complicated and trammelled by regulation and so on. Therefore, I am glad at least that we have got this in the Bill. I perfectly understand the limitations of these consolidation statutes and therefore cannot complain that something more has not been done. I am grateful that it will be on the agenda of my noble friend Lord Hodgson; whom I congratulate, if that is the right word, on being appointed to undertake this review. I am glad that I was the author of this review clause in the 2006 Act. The noble Lord can blame me.
Charities Bill [HL]
Debate between Baroness Verma and Lord Phillips of Sudbury(13 years, 2 months ago)
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Baroness Verma
My Lords, I start by thanking all noble Lords who have taken part in this important but short debate. I welcome the opportunity to try to explain the Government’s position as clearly as I can.
I welcome the knowledge and expertise of my noble friend Lord Phillips in charity law and his assiduousness in scrutinising legislation that affects charities. I know that he has taken a very close interest in the consolidation Bill. Earlier this year he raised a number of points with the noble and learned Lord, Lord Carswell, the chairman of the Joint Committee on Consolidation Bills. He has also since then discussed various points with the Bill team in considerable detail. As a result, we have been able to make some important drafting improvements at the Joint Committee stage and we are extremely grateful to my noble friend for that.
The amendments tabled by my noble friend concern the relationship between Clauses 2 and 11. I know that my noble friend's object here is to make further drafting improvements. However, the discussions we have engaged in with him have indicated that his concerns go deeper than that. As a result, we have already undertaken to address the underlying problem that he has raised. This can be done only outside the consolidation process. I shall explain that in a little more detail in a moment but perhaps I may just set the context for this discussion. Clauses 2 and 11 reproduce the existing law as it has stood since the passing of the Charities Act 2006. We are not aware of anyone having expressed concerns about these provisions at the time of the passing of the 2006 Act. Furthermore, at no point in the consultation process on the present Bill has anyone expressed any concerns about the relationship between Clauses 2 and 11. The draft Bill was the subject of full public consultation in 2009 and has the support of the charities sector and the Charity Commission.
I should explain that Clauses 2 and 11 contain two subtly different definitions of “charitable purpose”, one of a very general application and the other of a much more limited application. Two types of suggestion have been made about the relationship between these clauses. The first involves changing the law; the second aims simply to improve the drafting of the Bill. The suggestion between Second Reading and the Joint Committee proceedings was of the first type. It was suggested that instead of the two subtly different meanings of “charitable purpose” applying in different contexts, there should be one definition of “charitable purpose” applying across the board. Unfortunately, substituting a single definition of “charitable purpose” cannot be achieved without changing the law. It is not permissible within the constraints of the consolidation process for the Bill to change the law. So no amendments were tabled at Joint Committee to Clauses 2 or 11, and the Joint Committee agreed to the clauses as drafted.
The amendments that my noble friend has now tabled aim to improve the drafting of the Bill without changing the law. However, we are not convinced that this is the right response to the real issue that my noble friend has raised. The fundamental issue—it is one that we recognise—is that it is awkward to have two definitions of “charitable purpose” applying in different contexts. The amendments that the noble Lord has tabled do not remove this awkwardness; they merely present it differently. We think that the right thing to do is not to make drafting changes to the Bill, but instead to seek to address the underlying issue.
We recognise that it could be a desirable simplification to substitute the two definitions applying in different contexts by a single definition applying across the board. However, it is clear that this cannot be done through this Bill. I have therefore already suggested to my noble friend that it can be considered as part of the forthcoming review of the Charities Act 2006. It appears that there is a case for simplification here, and we believe that the review is the right place to explore thoroughly the legal changes that would be required to achieve this simplification.
I return to the amendments before us. The drafting of the consolidation Bill is a very technical business and the provisions have already been very clearly considered and given a clean bill of health by the Joint Committee. However, my noble friend has tabled what amount to detailed drafting points so I will explain why we resist these amendments.
I will begin by saying that we think that the way in which the definitions of “charity” and “charitable purpose” are structured in the Bill is an improvement on the current legislation. In particular, putting the 1993 Act definitions in Part 1 of the Bill next to the 2006 Act definitions makes them more visible to the reader. In the Government's view, my noble friend’s amendments would not improve this drafting. First, we think that the amendments would damage the logical structure of Part 1 of the Bill by taking a definition that belongs in Chapter 2 and putting it into Chapter 1 where it does not belong. I will explain that in a little more detail. As is clear from its title, Part 1 of the Bill is concerned with the definitions of “charity” and “charitable purpose”. Chapter 1 of Part 1 deals with definitions that apply generally—that is, in legislation generally and in documents, and in England and Wales as well as, for certain purposes, Scotland and Northern Ireland. Chapter 2 of Part 1 deals with definitions that have a much more limited application—that is, they apply only in England and Wales, and only to provisions deriving from the Charities Act 1993. The different scope of the two chapters is signalled by the chapter titles. Chapter 1 is headed “General” and Chapter 2 is headed “Special provision for this Act”. It is not a drafting improvement to interfere with this structure.
Furthermore, we think it is undesirable to confuse the picture for readers in Scotland and Northern Ireland by injecting into Chapter 1 a definition that concerns the interpretation of provisions that relate only to England and Wales. Chapter 1 affects the law of Scotland and Northern Ireland for certain purposes relating loosely to fiscal matters.
Finally, in our view the amendments would be inconsistent in that they would leave two alternative definitions of “charity” in Chapters 1 and 2. If the two alternative definitions of “charitable purpose” are brought together in the way suggested, it would seem illogical to leave the two definitions of “charity” in separate places.
I am keen that progress on this Bill is not unduly delayed. I therefore ask the noble Lord to accept the assurances that I have offered him. Of course, he will have a further opportunity to debate this matter when the 2006 Act comes under review later in the year. I am sure that my noble friend’s expertise would be very welcome at any further deliberations on the matters of concern that he has raised in his amendments. We are willing to ensure that the underlying issue to which he has helpfully drawn attention is addressed in its proper forum. On that basis, I invite him to withdraw his drafting amendment.
Lord Phillips of Sudbury
My Lords, I am grateful to my noble friend the Minister for her careful response. I have to say that some of the refinements in her reply will bear a little more scrutiny of Hansard on my part. She made the point about Part 1 and Chapter 1 applying to England and Wales generally, although to Scotland and Northern Ireland to some extent. That point is not apparent at all from the way in which Clause 11 is currently drafted. While I will of course withdraw the amendment tonight, as I told her I would, I would like to engage in further discussion on this issue in the hope that something can be done to improve things before we get to Report. I will just tell the House—because it is another measure of what a nonsense we have got our affairs into—that last year the Finance Act created an entirely new definition of “charitable purposes” with a schedule extending that definition that runs to eight pages. I am afraid that our legal system has burgeoned out of all sense and has become counterproductive. With that vindictive spirit, I withdraw my amendment.
Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2011
Debate between Baroness Verma and Lord Phillips of Sudbury(13 years, 4 months ago)
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Baroness Verma
My Lords, I shall take together this order and the Charities Act 2006 (Changes in Exempt Charities) Order 2011. The two instruments relate to the regulation as charities of three classes of state-funded educational charity: academies, sixth-form colleges, and foundation and voluntary schools.
The changes in the exempt charities order will reconfer exempt-charity status on sixth-form colleges and foundation and voluntary schools. Academies are charities and will become exempt charities from 1 August 2011 by virtue of the Academies Act 2010.
The principal regulator regulations will appoint principal regulators for all three groups of exempt charities, with the duty to promote their charity law compliance. Exempt charities have not been regulated in the same way as other charities. The general law of charity applies to exempt charities, but they are exempt from many provisions of the Charities Acts, cannot register with the Charity Commission and are exempt from its supervisory powers. The categories of exempt institutions, in so far as they are charities, are mostly set out in Schedule 2 to the Charities Act 1993.
Historically, exempt status was usually conferred by legislation on charities that were already regulated, so additional supervision by the Charity Commission was considered unnecessary. However, this was challenged in 2002 by the then Prime Minister’s Strategy Unit, which found that the position was anomalous, confusing for the public, and potentially risked the integrity of charitable status.
Most respondents to a public consultation in 2003 agreed that exempt charities benefiting from the advantages of charitable status should come under some form of regulatory oversight as charities, but concerns were expressed that duplication or new regulatory burdens should be avoided.
The Charities Act 2006 marked a new approach. Wherever possible, a body that already has oversight responsibility will become the main or “principal” regulator for an exempt charity or group of exempt charities. Principal regulators have a new duty to promote charity law compliance in the charities for which they are responsible. They have two key roles: first, providing tailored advice for their sector or signposting to relevant guidance to help trustees meet their legal obligations; and, secondly, stepping in where something goes wrong. In serious cases, it is likely that the Charity Commission will also need to be involved.
The aim of the principal regulator approach is for smarter regulation that maintains trust and confidence in charities but avoids regulatory duplication by using the regulator’s existing processes and procedures to promote charity law compliance. Where it is not possible to identify a principal regulator for a charity or group of charities, they will cease to be exempt and, if their income exceeds a £100,000 annual income threshold, will be required to register with the commission.
Although that is not the case for any of the charities we are considering today, since 2006 there has been phased implementation of this new approach. In some cases the 2006 Act itself removed exempt status from groups of charities, but it also provides the Minister for the Cabinet Office with a power in Section 11 to remove, or to confer, exempt charity status from a charity or class of charities. This power can be exercised only if the Minister is satisfied that the change is desirable in the interest of ensuring appropriate or effective charity regulation of the charities or charity concerned. In addition, the 2006 Act provides the Minister with the power in Section 13 to appoint a principal regulator for an exempt charity or class of exempt charities.
The 2006 Act increases the extent to which exempt charities are subject to the Charity Commission’s regulatory jurisdiction in Sections 12 and 14 and Schedule 5. But importantly, the Charity Commission cannot exercise its regulatory compliance powers in relation to an exempt charity without first consulting the exempt charity’s principal regulator—in Section 14 —and it cannot open a statutory inquiry into an exempt charity unless invited to do so by the principal regulator listed in Schedule 5.
I will now summarise the changes that these instruments will bring about, which were announced to Parliament in a Written Ministerial Statement on 30 March this year by the Minister for Civil Society, Nick Hurd MP, and the Under-Secretary of State for Education, the Minister responsible for schools, my noble friend Lord Hill.
Taking each of the three categories in turn, I will deal first with academies. Academies will, from 1 August this year, be exempt charities when Section 12(4) of the Academies Act 2010 is commenced. As of 1 July there were 801 academies in England. There are no academies in Wales.
During the debate on the Academies Act 2010 it was proposed that the Young People’s Learning Agency should be appointed as the principal regulator of academies. However, following the review of public bodies, the YPLA will, subject to parliamentary approval, be succeeded next year by the Education Funding Agency, an executive agency of the Department for Education. Therefore it is now considered more appropriate to appoint the Secretary of State for Education as principal regulator of academies, because he has existing funding and regulatory roles.
In practice, the YPLA and its proposed successor, the EFA, would carry out much of the necessary information gathering which would then be used to report to and advise the Secretary of State on his principal regulatory role. The principal regulator regulations therefore appoint the Secretary of State as principal regulator of academies.
The second category is what I have referred to as foundation and voluntary schools. In fact, it includes the following bodies: the governing bodies of foundation, voluntary and foundation special schools, foundation bodies established under Section 21 of the School Standards and Framework Act 1998, and connected institutions.
There are believed to be over 8,100 of these charities in England, and 175 in Wales. Historically they have been exempt charities, but in January 2009 they ceased to be exempt, although transitional provisions pending a final decision on their status have meant that they continue to be treated as if they are exempt. These transitional provisions are due to expire on 1 September, having already been extended twice.
In 2010 the Cabinet Office consulted on the proposal to reconfer exempt charity status on foundation and voluntary schools, and appoint an appropriate principal regulator. Responses strongly supported the proposal to reconfer exempt charity status, although views differed over which personal body should be appointed as principal regulator.
The Department for Education regulates these charities under education law, so is ideally placed to take on the role of principal regulator. This ensures compliance with charity law while avoiding regulatory duplication, in line with the Government’s commitment to reducing the burden of regulation on schools.
The changes in the exempt charities order reconfers exempt charity status on these foundation and voluntary school charities. The principal regulator regulations appoint the Secretary of State for Education as principal regulator of these charities in England and Welsh Ministers as principal regulator of these charities in Wales.
Following detailed analysis by the Cabinet Office, working with the Charity Commission, the Department for Education and Welsh Assembly Government, these arrangements are considered to provide the most appropriate regulatory oversight of foundation and voluntary schools as charities, while keeping the burden of regulation to a minimum.
The third and final category is sixth-form college corporations. There are currently 94 sixth-form college corporations in England and none in Wales. They were created following amendments made to the Further and Higher Education Act 1992 by the Apprenticeships, Skills, Children and Learning Act 2009. It was always intended that they would be exempt charities, as this was the status of the institutions that became sixth-form college corporations in April 2010. For this reason, the commission has not required sixth-form college corporations to register.
As with foundation and voluntary schools, the Department for Education has an existing regulatory oversight role under education law. It is ideally placed to take on the principal regulator role, promoting compliance with charity law through existing procedures without additional regulatory requirements. The Charities Act 2006 (Changes in Exempt Charities) Order confers exempt status, as was intended from the outset, and the principal regulators regulations appoint the Secretary of State for Education as their principal regulator.
I should add that we also propose to appoint the Secretary of State for Education as principal regulator of certain exempt charities connected to academies and sixth-form colleges. This will have to be done separately by a negative procedure statutory instrument, as regrettably these charities were overlooked when the instruments before us were laid.
The duty imposed by the Charities Act 2006 on principal regulators of exempt charities is forward looking. This means that they are required only to promote compliance by the charity trustees with charity law obligations arising on or after, or ongoing on, the commencement date. Principal regulators will not be required to take action relating to matters which occur before the commencement date and in connection with which no charity law obligation is continuing at that date.
The Office for Civil Society and the Charity Commission have worked closely with the Department for Education, the YPLA and the Welsh Assembly Government on these proposals, and key representative bodies of the schools and colleges have been kept informed of progress. No significant concerns have been raised about the forthcoming changes or the instruments that will give effect to them.
For exempt charities under the principal regulator regime, there will be little, if any, noticeable impact on a day-to-day basis. They will continue, as now, under their existing regulatory regime, albeit with their regulator also promoting charity law compliance.
For academies and sixth-form colleges, the YPLA will continue to have a role. The principal regulator regulations make provision for this by amending the Apprenticeships, Skills, Children and Learning Act 2009 to enable the YPLA to assist, advise or provide information to the Secretary of State for Education as principal regulator. An impact is likely to be felt only when something goes badly wrong and the regulators need to intervene.
The Charity Commission is currently developing memoranda of understanding to formalise the details of the relationship between the principal regulators and the commission. It is also setting up a committee of principal regulators which will meet annually to share best practice.
The impact of the changes made by these instruments will be reviewed within three years of commencement. Although a statutory review of the 2006 Act will begin later this year and will include an evaluation of the changes made by the Act to exempt charities, this will be too soon to properly consider the impact of the changes made by these instruments.
These instruments will ensure that academies, foundation and voluntary schools and sixth-form colleges are regulated appropriately and effectively as charities but through existing oversight mechanisms to ensure that regulation is proportionate. I therefore commend this order to the Committee.
Lord Phillips of Sudbury
My Lords, I am grateful to my noble friend the Minister for that introduction. I broadly welcome the regulations. I have one specific, rather gritty point to put to her. I have given notice of it to her officials, so I hope that it may be possible for an answer to be available today. I have one general point on which I would be very interested in her response and then another general point which needs to be made in the light of the regulations.
I shall deal with the gritty point as quickly as I can. It arises out of the statutory instrument dealing with principal regulators. Regulation 7 introduces a new section, Section 71A, into the Apprenticeships, Skills, Children and Learning Act 2009. New subsection (1) gives a discretion to the Young People’s Learning Agency to provide the principal regulator, the Secretary of State, with information that he or she may need in order more effectively to carry out his or her duty as regulator. We have already heard today that the YPLA is likely to be replaced in not too long a time by the education funding agency. I hope that that does not mean that we shall need further amending legislation to substitute EFA for YPLA. But why only a discretion? Surely the YPLA should be under an obligation to provide assistance, information or advice to the principal regulator, so long as it is a reasonable request. The Minister might like to comment on that.
My first general observation relates to the particular character of a government department as a principal regulator. There is growing anxiety within the charity sector about the preservation of what is an absolutely fundamental characteristic of any charity: its independence. It is often not understood among the wider public that one of the bedrock guarantors of the integrity of each and every charity—however small or large it is, whether it has trustees appointed by outsiders or not, and whether it is funded from a particular source or not—is that it has absolute independence and responsibility for its own affairs. Its trustees have one sole purpose in life, which is to forward its charitable purposes to the best of their ability for the benefit of the public.
Having the Secretary of State for Education as the principal regulator is sure to involve conflicts of interest all along the way. Whatever Government are in power, they will have their own agenda. The voluntary sector is a very important part of the provision of education generally. The measure seems to warrant a little more thought. I do not for a moment propose to question the Secretary of State for Education being principal regulator in these statutory instruments, but the concern is germane and relevant. Perhaps the Minister will take back to the Government the need for some informal, internal consideration of the independence factor, as I call it.
Baroness Verma
I am grateful for the extremely knowledgeable contributions of noble Lords this afternoon. I start by thanking my noble friends Lord Phillips and Lord Hodgson, and the noble Baroness, Lady Royall, for their warm welcome to these regulations. Many questions have been thrown at me; I shall try to respond to them in the order in which they were asked. I thank my noble friend Lord Phillips for prior notification of his questions. I passed his notes to the civil servants. I hope that, through my response, he will be reassured that we have taken his concerns seriously. I am pleased that my noble friend Lord Hodgson’s train arrived on time so that he was able to tease out of me further details of an extremely complex area of law.
In response to my noble friend Lord Phillips, the YPLA is fully committed to supporting the Secretary of State in his or her role as the principal regulator. The consultation went across all the agencies, all of which agreed that the Secretary of State would be ideally positioned to be the regulator. The YPLA has worked closely with the EFA, the Department for Education, the Cabinet Office and the Charity Commission on the development of the Secretary of State’s role as the principal regulator. Much of what the YPLA will do will be to support the Secretary of State as part of the existing day-to-day functions of the regulator. In practice, I am not sure that we should see the YPLA refusing any reasonable request from the Secretary of State for advice and information. I hope my noble friend is reassured that the YPLA, when it is replaced by the EFA, will continue to fulfil its role of supporting the Secretary of State.
I come to independence, on which I think my noble friend is about to challenge me.
Lord Phillips of Sudbury
I am grateful for what the noble Baroness said but why can the regulations not just say that the YPLA “shall” provide reasonable assistance, information and advice. Why not “shall” instead of “may”?
Baroness Verma
Since this is a legal and technical matter, perhaps I could write to my noble friend. I know that such words can change the law very quickly, and I shall not be drawn into that trap by my noble friend today.
On the issue of independence, both the Charity Commission and the Cabinet Office are satisfied that the appointment of the Secretary of State for Education and the Welsh Minister as principal regulators will not give rise to an inherent conflict of interest. The commission and the principal regulator will work together to ensure that a charity’s independence is maintained. The functioning roles already have accountability. There is no conflict, since assurance is largely derived from the funding function and both roles require similar levels of assurance.
We all accept that the law on exempt charities is an incredibly complex area with a complex history. More than anybody else in this Committee, my noble friend is aware of the difficulties that this law raises. I accept that we would rather be in a better position, but we are where we are and it is difficult to unpick some of the complexities. As a result, we should go for a simpler legal regulatory framework for exempt charities. It has always been intended for exempt charities to be exempt. When the ASCL Bill was enacted, it was agreed that this would be done through exempt-charity SIs. That is what these instruments do.
My noble friend Lord Hodgson spoke on the MOUs. Principal regulators are not expected to be experts in charity law. It is not their job to be, nor is it their duty to promote charity law unless charity law compliance requires it. Expertise in charity law lies with the Charity Commission. That is why the commission has investigation and enforcement powers in relation to exempt charities.
My noble friend also asked why the Education Funding Agency is not the regulator. As I said to my noble friend Lord Phillips, the EFA will be an agency of the Secretary of State. It will not have a separate legal personality, so it cannot be appointed as the principal regulator.
Charities (Pre-consolidation Amendments) Order 2011
Debate between Baroness Verma and Lord Phillips of Sudbury(13 years, 7 months ago)
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Baroness Verma
My Lords, the draft order before us today is a technical order that makes minor amendments to charity law. It will be made in preparation for the consolidation of charity legislation via the Charities Bill 2011, which was introduced to this House on 3 March.
The aim of this order is merely to tidy up some minor points in the existing legislation before charities legislation is consolidated. It might help if I first give a little background to the Charities Bill itself before explaining the purpose of this order. The purpose of the Charities Bill is: to bring together provisions of the main legislation on charities in England and Wales into a single piece of legislation; to simplify the structure of the existing legislation, making it more accessible to the lay person; and to replace provisions in the Recreational Charities Act 1958, the Charities Acts 1993 and relevant provisions of the Charities Act 2006.
Due to the fragmentation of charity legislation, it has become increasingly difficult to navigate the law in this area, not least as the Charities Act 2006 made extensive amendments to the Charities Act 1993. The Bill will fulfil a commitment given during the passage of the Charities Act 2006 in response to noble Lords who requested that charity legislation should be consolidated to make it easier to follow, particularly for non-expert charity trustees. The Law Commission, which is responsible for consolidation Bills, responded favourably to a request from the Cabinet Office, and the result is the Charities Bill, which was introduced last month.
Neither the order nor the Bill itself makes any substantive changes to charity law. The types of amendments that the order makes fall into the following categories: correcting minor mistakes in the existing legislation or remedying missed consequential amendments; removing inconsistencies in the existing legislation; modernising the language of the existing legislation; repealing provisions in the existing legislation that are now considered obsolete; clarifying the effect of the existing legislation; and consequential provisions relating to other provisions of this order.
I will give a couple of examples to assist the Committee. One example of correcting a minor mistake is in paragraph 4 of the schedule to the order relating to the Charities Act 1993, which provided that,
“In the exercise of its functions the commission shall not be subject to the direction or control of any Minister of the Crown or other government department”.
The use of the words “or other” in this context gives the impression that a Minister of the Crown is a government department. Clearly this is not the case, as while a Minister of the Crown may be in charge of a government department, he or she is not a department per se. The amendment in this order avoids this misinterpretation while retaining the allusion to the fact that the Charity Commission is a government department.
Paragraph 31 deals with various inconsistencies relating to rights of appeal to the Charity Tribunal. For example, a right of appeal exists where the Charity Commission requires a charity’s accounts to be audited, but does not currently exist for certain charity group accounts. The amendment in paragraph 31(g) removes that inconsistency.
An example of how the language used has been updated is in paragraph 7 of the schedule, which now uses the word “provide” instead of the original word “furnish”, as in providing documents instead of furnishing them. Paragraph 15 of the schedule removes an obsolete reference to the Incorporated Society of Valuers and Auctioneers, which merged with the Royal Institution of Chartered Surveyors in January 2000.
An example of how the order clarifies legislation is contained in paragraph 18 of the schedule. In the context of a section that refers to both the Audit Commission and the Charity Commission, the reference to “the Commission” is changed to the “Charity Commission” to avoid any potential confusion. The structure of the legislation has also been improved to make it easier to follow. However, this has led to the need for some pre-consolidation amendments. For example, paragraph 11 of the schedule facilitates the splitting of Section 18 of the 1993 Act into a number of separate sections in the consolidation Bill. Section 18, which provides the Charity Commission with various powers to act for the protection of charities, is long and complex, so splitting it up should make the text easier to navigate.
The order also makes consequential amendments, in particular changing various cross-references, that will result from splitting up Section 18. The draft order was consulted on in 2009 as part of the wider consultation on the draft Charities Bill, and we received positive responses. I hope noble Lords will agree that the order is a useful tool for clearing up some outstanding issues in charity law before the Charities Bill completes its passage through Parliament. There will be a review of the Charities Act 2006, starting later this year. This will provide an opportunity to look again at the legal framework for charities in England and Wales, and to consider whether the policies that lie behind the legislation are working in practice.
As a consolidation Bill, the Charities Bill represents a small but useful step forward in simplifying the legislative framework for charities and supports the Government’s aim of making it easier to set up and run a charity, as it will make charity law more accessible to the lay charity trustee. We have a window of opportunity to tidy up what has become a confusing and messy legislative landscape, and it would be a shame to lose this chance. This order will pave the way for the consolidation of charity law. I beg to move.
Lord Phillips of Sudbury
My Lords, I thank my noble friend the Minister for the way in which she gave a tour d’horizon of this statutory instrument. As she rightly says, this is a prelude to the consolidation Bill, which starts in this House next Thursday, although I do not think that anyone will be there—I notice that the Commons is not sitting on that day.
A very important aspect of the debates on the Charities Bill that led to the Charities Act 2006 was that we were to have a consolidation measure. I was, I think, foremost in urging that and in getting the Government to put it into the Bill so that we could be quite sure that it would happen. As my noble friend again so rightly says, the danger with our efforts here is that, while they might be just about comprehensible to the specialist lawyer, the Charity Commission, the parliamentary draftsmen and the civil servants involved, they are a closed book to everyone else. Given that 95 per cent of our charities have no paid staff, and that all trustees are volunteers, it is a very serious predicament. Although the consolidation measure is more than 300 pages, it will go some little way to making life a tad easier for those who are doing the job on the ground.
I should like to refer to two aspects of this statutory instrument. Noble Lords may agree that there can be few pieces of legislation more sleep inducing than the Charities (Pre-consolidation Amendments) Order 2011. Indeed, so arcane is most of the language that you have to be a bit of an egg-head to plunge into its depths.
Gaza
Debate between Baroness Verma and Lord Phillips of Sudbury(13 years, 11 months ago)
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Lord Phillips of Sudbury
My Lords, ever since I came to this House in 1998, I have heard members of the Front Bench say that the Government are calling for Israel to do this, to desist from that and all the rest of it. Israel has been in a decades-long breach of international law not only on its pulverisation of Gaza but on its colonisation of the West Bank. When are we actually going to do anything?
Baroness Verma
My Lords, my noble friend knows that only through dialogue will we resolve matters. The UK is only one of many partners involved in making sure that peace is able to be brought forward.
Afghanistan
Debate between Baroness Verma and Lord Phillips of Sudbury(14 years, 4 months ago)
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Baroness Verma
My Lords, the £200 million is being allocated to Afghanistan alongside the budget. We are determined to ensure that we are there to eliminate poverty.
Lord Phillips of Sudbury
My Lords, I declare an interest as I have a son-in-law who is about to go to Afghanistan as a manager of aid for DfID. This is an intractable situation; the history of Afghanistan is uniquely difficult. Is it not about time—to get anywhere on hearts and minds, which is at the heart of aid—that one had dialogue with the Taliban?
Baroness Verma
My Lords, first of all, I wish my noble friend’s son-in-law well. We are trying our level best to support the Afghan Government to increase their capacity to be able to engage with all people in Afghanistan.