Charitable Registration

Lord Jackson of Peterborough Excerpts

Tuesday 13th November 2012 Westminster Hall

[Fiona Bruce]

I agree.

With reference to openness, the Plymouth Brethren are sometimes subject to caricature, partly because often we do not know them personally, but they are far more open than people might realise. For example, they have a modern website—Plymouthbrethrenchristianchurch.org —which has a “Contact us” page, enabling any member of the public to find their nearest local Plymouth Brethren church and service times. Hon. Members may be interested to know that I recently attended one of their services in Liverpool and I found nothing out of the ordinary in their Christian teaching at that service.

Some of the Brethren’s practices and the way in which they seek to live out their Christian lives are not necessarily what we would want to adhere to—I would not—but all denominations have their differences. The Brethren’s women wear headscarves in services, but so do women in other Christian denominations, such as the Free Presbyterian Church of Scotland, and men in other religions, such as Sikhism. They do not vote. I do not agree with them on that and we have discussed it. I can certainly say that not one hon. Member here has a vested interest in standing up for them today. They say that scripture says that God sets up and deposes authorities, and that is their principle for not voting. At least they do not vote on principle, rather than because of laziness, but they do engage with and respect the democratic process in many other ways.

[Mr Stewart Jackson (Peterborough) (Con)]

I am glad that there are no no-go areas in Congleton for my hon. Friend when canvassing. I congratulate her on her lucid, diligent contribution to this debate. There is asymmetry in the apparatus of the state being used against the Plymouth Brethren. Does she agree that, given that there have been 20 public benefit assessments between 2009 and 2011, until the law is properly clarified to the satisfaction of legislators there should be a moratorium on any further assessments?

--- Later in debate ---

[Mr Stewart Jackson (Peterborough) (Con)]

It is a pleasure to follow my hon. Friend the Member for Harlow (Robert Halfon), who made a typically robust and passionate defence, and I congratulate my hon. Friend the Member for Congleton (Fiona Bruce).

As has been said, the debate is about more than just an arcane analysis of section 17 of the Charities Act 2006. This is about a battle, about the secularisation of society and about calling a spade a shovel, which is quango activism. The Charity Commission has previous on this, in its class-based and politicised campaign to attack independent schools. The crucial question that we must ask is whether the present situation is what Parliament intended in 2006. Did it intend to undermine, attack and traduce the very salt of the earth, who reach out inclusively to help some of the most marginalised groups in society and get them to change their lives? I would never have voted for a Bill that I thought would do that. At the least, we are right to draw attention to the significant concerns expressed by the former Archbishop of Canterbury, Lord Carey, that what is happening is the beginning of a process of pushing Christians out of the public square and delegitimising Christian religion in the name of bureaucracy and process. I cannot be part of that.

[Damian Hinds (East Hampshire) (Con)]

Does my hon. Friend agree that the danger of part of that process might be the calling into question of denominational education—Catholic education and Church of England education—if the Charity Commission is going to stick by the point about the purpose not being simply for the benefit of the followers of the religion or teaching? The large Christian Churches will end up having to explain themselves to those faceless people.

[Mr Jackson]

My hon. Friend makes an intelligent point, as did the hon. Member for Stoke-on-Trent South (Robert Flello), who is not in his place. Are we really going to inflict a massive audit process on people who have better things to do: helping the most vulnerable people, in a practical, pragmatic way? There is an issue of fairness as well. Are we to sit by and let an unfashionable minority—a minority that in general people do not understand—be picked off by the apparatus of the state, with such asymmetry? If we are talking about public benefit, is it really a public benefit that my constituents’ taxes are effectively being used to hound people who do good in society? That is not a good use of those taxpayers’ money.

My hon. Friend the Member for Harlow made it clear that the Charity Commission has some serious questions to answer. As I said earlier, it undertook 20 public benefit assessments between 2009 and 2011, and we need at the very least to re-examine what those achieved and what the ultimate agenda is. It is wrong and inappropriate for the state apparatus to be used against the people whose great work in our communities we have all seen.

I will say just two more things, because others want to speak: we must have a moratorium on any more assessments, until we have properly clarified the law with Ministers, if necessary by way of primary legislation, so that we do not have a grey area between Parliament and the pernicious actions of the super-quango that decides it will cast people out and cause them not to be viable in their communities. That is imperative for the House. Also, it is time that the Attorney-General was invited to invoke his powers to sort out the situation in the interim. The issue is not just defending Christianity: it is defending all faith communities, and it is about fairness and equity. If parliamentarians are here for nothing else, we must defend those things.

[Jim Dobbin (in the Chair)]

I must reduce the speaking time to three minutes now.

--- Later in debate ---

[Sheila Gilmore]

I am not clear whether my hon. Friend is suggesting that this is inherent in the law, that we should take away the provision stating that there should not be any automatic presumption and that people should have to demonstrate public benefit. Mission creep is possible in any charitable organisation. There could be a suggestion that by defining oneself as a religion or any other kind of group, one does not have to demonstrate public benefit. What I am struggling with—after listening to what Members have said today and after being lobbied on the issue—is precisely how the Charity Commission came to its decision. Having said that, it is not for us to second-guess the tribunal. I was taken with the proposal made by the hon. Member for Congleton that in order to get the matter dealt with, perhaps it should be taken to the upper-tier tribunal as swiftly as possible, rather than meandering much more slowly through the process. It was held up by the Charity Commission while waiting for decisions in other cases.

The commission says that it does not see this a test case for all religions, and that it has not embarked on a process of trying to use this as a step towards something else, as people fear. I hope that that is correct. The 2006 Act stated that there was provision for a review of the Act’s workings, and in relation to the question of public benefit. That review has taken place and Lord Hodgson’s report, which was delivered to the Government some five months ago, was inconclusive. It said that there was no need for the definition of public benefit to be reviewed. Perhaps there is now an opportunity for a full debate on that review, and I will be interested to hear what the Minister says on the matter. I do not think that Parliament has had chance to debate that yet, so perhaps we could reopen why the question of why the review decided that the matter did not have to be reconsidered.

It is important that we have good, strong charity law and that the system ensures, as I think Members would agree, that what constitutes public benefit is clear. There are a number of opportunities to consider that, including in response to Lord Hodgson’s review, which is an issue that I hope the Minister will address.

[Mr Stewart Jackson]

The key issue is that the Charity Commission does not appear to have an evidential basis for saying that the Plymouth Brethren is sui generis—in other words, that it is unique and different from every other organisation doing something similar. That is why there is significant concern in that organisation, as well as worry among other people that they will be next.

[Sheila Gilmore]

Perhaps it will come out more fully in the appeal and in further work that is being done. I have some sympathy with those who say that many other religious organisations, at certain points in their operations, do not allow others to take part. On the face of it, the decision does not seem to quite fit with what people have said the organisation is doing.