Charitable Registration

Charlie Elphicke Excerpts

Tuesday 13th November 2012 Westminster Hall

[Fiona Bruce]

I am aware of that problem. It demonstrates how complicated the issue is and why it must be fundamentally reviewed.

[Charlie Elphicke (Dover) (Con)]

Does my hon. Friend share my concern that this is a test case on religion and the thin end of the wedge, particularly given that the Charity Commission’s letter says that even the Church of England would have to prove public benefit? Does she also share my concerns that the practices of the Catholic Church, in terms of the Eucharist, are very similar to those of the Plymouth Brethren being complained about by the Charity Commission? It is wrong to allow religion to be suppressed in the United Kingdom on any basis.

[Fiona Bruce]

That is a good point. It is also particularly concerning that in coming to its decision, the Charity Commission has decided not to treat as a precedent a High Court case some 30 years ago: Holmes v. Attorney-General, which held that the Plymouth Brethren’s Kingston Meeting Rooms Trust was a valid charitable trust, despite the Brethren’s well-known “separatist distinctives”; I am not sure that we would use that term now. The Court did so because those who were not members of the Brethren, provided that they came in the proper spirit and not a spirit of levity, were allowed to attend meetings of the Brethren other than Holy Communion and business meetings and furthermore because the Plymouth Brethren publicly attempt to evangelise by conducting campaigns in the streets and open spaces similar to the Salvation Army. Mr Justice Walton concluded in that case, which has held for 30 years, that

“it appears to be quite impossible on the evidence to come to the conclusion that there is a lack of benefit to the public”.