Small Charitable Donations Bill

Eilidh Whiteford Excerpts

Monday 26th November 2012 Commons Chamber

[Susan Elan Jones (Clwyd South) (Lab)]

It is a privilege to speak in this debate. As hon. Members present at the time will know, we had some good, positive and, indeed, consensual discussions in Committee. Labour Members are keen to see the Bill passed, because we recognise that much of it is an extension of what previous Labour Governments did. That is why we want to get it 100% right. Things such as the compact for the voluntary sector and the immense growth and development of gift aid happened on Labour’s watch, and we are keen to see that trend continue in the Bill.

Certain groups will rightly be especially pleased with the Bill. It is fair to say that the dioceses, Churches and faith groups welcome the Bill, as do we, and it is right that we support those groups and the tremendous work they do in communities across the country. A range of other charitable groups will also benefit.

I am pleased with certain changes in the matching principle: I am not a betting person, but, on this occasion, 10:1 is clearly better than 2:1. Nevertheless, we are asking the Minister to listen to the voice of the national charities’ voluntary organisation, the Institute of Fundraising, as well as the Charities Aid Foundation and other groups, which are saying, “If you are prepared to improve the Bill in certain ways, as you have been, please think again about having the link with gift aid, if we really want charities, including those not currently claiming gift aid, to benefit.” I urge the Minister to have at least a little think about that. He and the Government have gone some way towards accepting some of the changes that those groups wanted. Let us get it 100% right. I urge him to consider those other changes too.

I want to look at the issue of reviewing the legislation, about which my hon. Friend the Member for Kilmarnock and Loudoun (Cathy Jamieson) spoke with great eloquence. We know that many things in the Bill will work, but if the development of community and voluntary sector groups over the last 10 to 20 years is anything to go by, we know too that fundraising has changed dramatically. What worked yesterday will not work today, and what will work tomorrow will probably not have worked today. It will change over time. That is why we ask the Minister to consider having a review.

Mention has been made about the way donations are made, and I am confident that more mention will be made of it. What interests me is that if one made a £10 cash donation, there could be benefits under this Bill, but not if the same donation was made on a mobile phone or with a bank card. As someone from generation X—I have not actually checked, but I think I am—that strikes me as a little odd, but let us think about the new donors we want to cultivate in generation Y, as I think it is called. If we are to build a new philanthropic culture that encourages younger and newer donors, we must at least be open on that point. I urge the Minister to look carefully at that provision, which I know has already been mentioned by my hon. Friend the Member for Kilmarnock and Loudoun, and I know it will be mentioned later. I urge him to reconsider and to support the concept of an ongoing review so that future charities Ministers and other Ministers can look at this legislation and say, “Let us make it work for today’s generation.”

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Let me begin by declaring an interest. Until relatively recently I was a trustee of two charities registered in Scotland and I remain a trustee of the Parliament Choir, which also has charitable status.

I acknowledge the progress made on the Bill in Committee and the steps people have made across the House to come up with constructive solutions to the acknowledged weaknesses of the legislation in its original form. I hope the Minister will take on board some of this evening’s amendments, not least the two in my name in this group—amendment 32 and the consequential amendment 33. My amendments are designed to provide a mechanism to allow smaller and project-specific charities to benefit from gift aid top-up payments without having to have made a successful gift aid exemption claim in three of the last seven years, or two of the last four—I am conscious that the Government have tabled an amendment to improve that part of the legislation. For the sake of clarity and simplicity, I propose that a “small charity” be defined as one with a gross annual income of £25,000 or less. As with other amendments in the group, the aim is to bring more small charities within the ambit of the legislation, which is a shared aim across the House this evening.

The reason I urge the Government to look closely at my amendments is simply that smaller charities often do not benefit from gift aid, and in some cases do not even register for it. The very charities that this Bill is intended to benefit are among those that are least likely to be registered for gift aid or to have claimed it regularly even when they are. As the proposals stand, an eligible charity has to have been registered with Her Majesty’s Revenue and Customs for a minimum of three years, made a gift aid claim in three of the past seven years, and not had a penalty imposed in making a gift aid claim. We know that around 100,000 organisations are registered with HMRC for gift aid, but only 65,000 claim each year, which is a significant gap. They include not just general charities, but excepted charities, such as churches, exempt charities, such as museums and foundation schools, and community amateur sports clubs. At the moment, many small charities are not registered with HMRC and do not have a three-year track record of making gift aid claims, which particularly affects charities run solely by volunteers—those that do not have professional staff, including fundraisers, or the time and resources that other, more professionalised charities do. Such charities are often involved in the very projects that attract the largest active community involvement and support, which in my view are exactly the sorts of activities that we should use the Bill to incentivise in our civil society.

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[Dr Whiteford]

The charities in question would be registered with charity regulators on both sides of the border, and those are surely the bodies that decide whether their purposes are charitable. What benefit will the Bill bring to people raising money for a one-off or fixed-term good cause?

[Sajid Javid]

The Bill is intended to complement gift aid, because the Government received many representations from charities that when they received cash donations, such as in bucket collections, they were unable to take the information necessary for gift aid, such as whether the individual was a taxpayer and their name, address and other information. The scheme is intended to address that. One-off charities, including those set up in response to a disaster, are worthy causes but do not fit into how we intend the scheme to complement gift aid.

To answer the last part of the hon. Lady’s question, if a charity is created in response to a particular event or disaster, there is nothing to prevent it from registering for gift aid immediately and taking advantage of the gift aid provisions that already exist. If it stayed in existence for a number of years and therefore met the new eligibility criteria, it could also take advantage of what is available under the Bill. For the reasons that I have given, although she introduced her amendments with the best of intentions, I ask her kindly to consider not pressing them.

Amendments 8 to 16 would abolish the three-year start-up period and allow charities that have made a gift aid claim in the previous year to claim under the scheme. The maximum donations that could be claimed on would be £2,000, instead of £5,000. Proposals for a reduced rate for new charities have been put forward several times, and I am afraid that I cannot support them. Reducing the eligibility period to a year or less would increase costs, which would include a lot of costs caused by fraud. Requiring just one gift aid claim would leave the scheme open to unacceptable abuse.

The amendments would also make the scheme very complicated for some charities. Charities would need to know which other charities connected with them had claimed, and at which rate, because the rules would be different depending on those factors. The Government have listened to all the concerns that have been expressed about the eligibility rules, and we have put forward our own proposals. Our amendments are safe and affordable, and they will minimise complexity. I therefore ask Opposition Members not to press amendments 8 to 16.

I turn to the amendments that I have tabled on eligibility. Amendments 24 to 27 will reduce the eligibility period for the scheme to two years, and amendment 31 will introduce a power to enable us to amend the criteria in future if necessary. The eligibility criteria have been a key issue raised by the charity sector throughout the development of the scheme, and by Members in our earlier debates. The sector has welcomed the amendments since I tabled them last week, and I hope that hon. Members will support them, too.

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[Cathy Jamieson]

I beg to ask leave to withdraw the amendment.

Amendment 4, by leave, withdrawn.

Amendment made: 23, page 2, line 1, leave out ‘double’ and insert ‘10 times’—(Sajid Javid.).

This amendment changes the gift aid “matching” rate from 2:1 to 10:1. In other words, to make a claim in respect of £5,000 of small donations, a charity would need to make successful gift aid claims in respect of £500 of donations, rather than £2,500.

Clause 2

Meaning of “eligible charity”

Amendments made: 24, page 2, line 12, leave out ‘3 of the previous 7’ and insert ‘2 of the previous 4’.

This amendment, and amendments 25 to 27, change the criteria for determining a charity’s eligibility for the small donations scheme. Under this amendment, the charity must have made successful gift aid claims in 2 out of the previous 4 tax years, rather than 3 out of the previous 7.

Amendment 25, page 2, line 16, leave out ‘3’ and insert ‘2’.

Under clause 2(2), earlier gift aid claims are ignored for the purpose of the eligibility rules where a charity doesn’t claim for 3 consecutive tax years. This amendment reduces that period to 2 consecutive tax years.

Amendment 26, page 2, line 22, leave out ‘2 tax years’ and insert ‘tax year’.

This amendment reduces the period for which a charity is not eligible where a penalty is imposed on the charity. Under the amendment, the period will be the tax year the claim was made and the next tax year (rather than that year and the next 2 tax years).

Amendment 27, page 2, line 26, leave out ‘3’ and insert ‘2’.—(Sajid Javid.)

This amendment reduces the “start-up period” for a charity to the first period of 2 (rather than 3) consecutive tax years during which it is at all times a charity.

Clause 7

Meaning of “running charitable activities in a community building” etc

Amendment made: 28, page 5, line 24, leave out ‘HMRC’ and insert ‘The Treasury’.—(Sajid Javid.)

This amendment makes the Treasury, rather than HMRC, responsible for making orders under clause 7(3).

Clause 8

Meaning of “community building”

Amendment made: 29, page 6, line 4, leave out ‘HMRC’ and insert ‘The Treasury’.—(Sajid Javid.)

This amendment makes the Treasury, rather than HMRC, responsible for making orders under clause 8(5).

Clause 14

Power to alter specified amount etc

Amendments made: 30, page 11, line 5, at end insert—

‘(1A) The Treasury may by order amend this Act for the purpose of—

(a) amending the gift aid matching rule;

(b) abolishing that rule;

(c) reinstating that rule (if previously abolished), with or without amendment.

(1B) In subsection (1A) “the gift aid matching rule” means the rule that limits the amount of top-up payments to which a charity is entitled by reference to the amount of gifts made to the charity in respect of which it has made successful gift aid exemption claims.’.

This amendment gives the Treasury power by order to amend the gift aid matching rule (see clause 1(3), (4)(a) and (5)), to abolish the rule or to reinstate it. The order would be made by statutory instrument subject to draft affirmative procedure in this House (clause 17).

Amendment 31, page 11, line 5, at end insert—

‘(1C) The Treasury may by order amend section 2 (meaning of “eligible charity”).

(1D) Section 2, as amended by an order under subsection (1C), must as a minimum include a condition requiring the making of a successful gift aid exemption claim in a previous tax year.’.—(Sajid Javid.)

This amendment gives the Treasury power by order to alter the eligibility rules in clause 2. But the altered rules must include a condition requiring the making of previous gift aid claims. The order would be made by statutory instrument subject to draft affirmative procedure in this House (clause 17).

Schedule 1

Meaning of “small donation”: conditions

[Dr Whiteford]

I beg to move amendment 34, page 14, line 4, leave out ‘in cash’.

This amendment allows for gifts made by contactless cash card and mobile telephone transactions where it is impractical to obtain a gift aid declaration.

[Madam Deputy Speaker (Dawn Primarolo)]

With this it will be convenient to discuss the following:

Amendment 35, page 14, line 5, leave out ‘of cash’.

Consequential on amendment 34.

Amendment 36, page 14, line 9, leave out ‘“cash” means coins and notes in any currency’.

Consequential on amendment 34.

Amendment 22, page 14, leave out line 9 and insert—

‘“cash” means coins, notes, cheques and money donated electronically in any currency.’.

This amendment seeks to include non-cash donations within the Gift Aid Small Donations Scheme.

Amendment 2, page 14, line 9, after ‘currency’, insert ‘and any equivalent electronic payment as may from time to time be prescribed by the Treasury by order.’.

To future proof the Bill by enabling the Treasury to allow electronic payments to be treated as allowable donations.

Amendment 37, page 14, line 16, leave out ‘cash’ and insert ‘gift’.

Consequential on amendment 34.

[Dr Whiteford]

The last time the House debated the Bill, I raised the challenge of new ways of donating to charity. The purpose of the amendment is to take account of changes in the way people donate to charities, recognising the sea change that has occurred over the past 10 years or so in how they donate and the fact that people increasingly donate small amounts through text message giving. The technology driving us in that direction is developing rapidly. Conversely, and perhaps somewhat paradoxically, the amendment would also allow charities to benefit more from small donations made by cheque.

The thinking behind the amendment is derived from work done by the Institute of Fundraising. In a previous life, when I worked in the charity sector, I worked closely with the institute and so pay tribute to the immensely valuable research it undertakes to understand how and why people support charities in order to promote good charity governance and support large and small voluntary sector organisations alike.

The reality is that technological developments, especially with smartphones and tablets, mean that the number of electronic cashless donation options is growing. For instance, I am sure that many of us watched and donated to the BBC’s “Children in Need” appeal a couple of weeks ago, many of us doing so through text message donations. The use of mobile phones as cashless wallets is growing, and I think that the Bill would benefit by reflecting that. UK high street banks are already working on a mobile payments scheme to create a common infrastructure to link bank accounts to mobile phone numbers. That will help keep account details more secure, but it also heralds further changes in how we conduct transactions, including charitable donations.

There are now more than 30 million contactless cash cards in circulation, contactless functionality is now available on an increasing number of mobile phones, and 68 national retailers are already live with contactless payments, including the Post Office, Marks and Spencer and W.H. Smith. There are 135,000 terminals across the UK where donations can be made. I have to confess that I personally have not yet caught up with this technology beyond automatic top-ups for my Oyster card. However, I am aware that the Cabinet Office is working with the National Endowment for Science, Technology and the Arts to explore the possibility of using Oyster cards for spontaneous charitable giving through the “Chip In” project. We should encourage this kind of small electronic donation, as it has significant advantages over bucket-rattling. These donations are a lot more secure, they are significantly more auditable, and they are substantially less susceptible to fraud, particularly the small-scale fraud that has always been a risk associated with spontaneous cash donations. The upper limit of payments by contactless cash cards is currently £20, which could provide a nice compliance with the Bill.

Another aspect is online transactions, which continue to grow. Between 2007 and 2012, the number of adults buying goods online increased by 9 million to 37.6 million —74% of the UK population. It would be valuable for the Bill more overtly to keep pace with these significant changes in behaviour. The Government’s impact assessment for the Bill suggests that current text giving systems make it easy to comply with the gift aid scheme, but I am not convinced that this is borne out by the evidence. Fundraisers say that only 20% to 25% of donors properly complete gift aid declarations for text donations, but some charities report that the figure is as low as 5%. That compares with 85% of sign-ups for online donations.

The Institute of Fundraising points out that when a text donation has been made the provider usually sends a bounce-back text message with a link to a website page that the donor needs to visit to make a declaration. This is because the donor needs to complete their full name and address and to provide a declaration statement, which is a rather long thing to include in a text message. We do not have typical texting rates across the sector because providers do not give that information, but we do know that charities that have spoken out on the issue are concerned about the amount that they lose through people not completing this rather cumbersome bureaucratic process. Nevertheless, those forms of giving are auditable and would fit quite closely with the spirit of the Bill with regard to cash donations in recognising that, as time moves on, more and more of us are using different forms of contactless payments to make donations.

JustTextGiving does not give people’s phone numbers to charities, so if someone does not respond to the initial text bounce-back there is no other way for the charity to get the donation, and declaration rates therefore remain very low. Where charities get the details, they will typically call the donor back if they have not had a response to the bounce-back. However, we have to bear in mind that if it is a mobile number, it might be a fairly expensive phone call, and if the donation has been only the £1 that the donor would otherwise have thrown in the bucket, we have to measure the cost-effectiveness of that relative to the amount of gift aid that might come back. This only really works for higher value donations.

In its evidence to the Committee, Camphill Scotland said that as a charitable organisation it frequently uses the newer methods of collection, and that it was keen that the Bill should start to explore the possibility of new ways of enabling donations by text messages. It went so far as to say that

“the Bill as drafted would either discriminate against those choosing to use this technology, or discourage charities from making use of this technology.”

My amendment—this is somewhat ironic—would also cover small donations made by cheque. Very often, cheque donations are made by donors who are already known to a charity, but cheques handed over at one-off fundraising events or plate collections at funerals, for example, might not be so easy to identify, and it might not be worth the administrative costs of chasing up the donor. In some circumstances, filling in the gift aid declaration is a time-consuming process, and therefore not something that everyone will be able to do.

Another reason why the amendment would strengthen the Bill is that younger people have different giving habits from other parts of the population. The Charities Aid Foundation, with Bristol university, commissioned a report entitled, “Mind the Gap—The growing generational divide in charitable giving”, published in September 2012, which identified a widening gap in giving between the over-60s and under-30s. Of course, many young people do give very generously to charity and are very involved in charitable activities, but a lower proportion of younger people are giving than older people. Making electronic giving more relevant and attractive could be one way to help to reverse this decline.

Reputational risk is one of the greatest threats to charitable giving. A failure by one charity is felt by other charities in the same sector. While collection cans still have a valuable part to play and are a very effective means of raising money quickly, they carry an inherent susceptibility to fraud. Electronic giving diminishes the opportunity for money to go astray. It is a win-win situation. The amendment would strengthen the Bill, increase the benefits to charities, and help legislation to keep pace with the accelerating changes in technologies. I therefore commend it to the House.

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[Sajid Javid]

I thank the hon. Member for Kilmarnock and Loudoun (Cathy Jamieson) for her comments, and I also thank the hon. Member for Banff and Buchan (Dr Whiteford) and my hon. Friend the Member for Amber Valley (Nigel Mills) for their contributions. I will try to respond to their points, which they made very well.

The amendments would do slightly different things, but, in general, they all seek to broaden the gift aid small donations scheme to include not only cash donations but donations in the form of electronic payments. Amendment 2 seeks to do that by introducing a power to allow the Treasury, by order, to broaden the scheme, whereas amendment 22 and the group of amendments 34 to 37 seek to expand the scope of the scheme immediately. I thank my hon. Friend for his original amendment on the issue and for all his contributions on this particular topic in Committee.

It might be worth reminding Members of the scheme’s primary objective, which is to provide a gift aid-style top-up payment when it is difficult or unduly burdensome to collect a gift aid declaration from the donor. The most obvious examples are when a charity is making a street collection or when a religious group is passing around a collection plate during a service. In such situations it would be difficult to ask everybody who makes a contribution to fill out a gift aid declaration form. They would have to stop, confirm they were a UK taxpayer and then fill in a form with their name, address and other details. I think we would all agree that that would be unrealistic for a donation of just a few pounds. As a result, charities are missing out on potential gift aid on such donations. That is exactly why the gift aid small donations scheme is being introduced—that is what it is designed to tackle. It will fill the gap in gift aid for donations for which it is difficult or unduly burdensome to collect the necessary paperwork.

Giving by using digital technology means that the donor is already providing some or all of their details to the charity. If any extra information is needed to make a gift aid declaration, it will be relatively small. When a charity has an ongoing relationship with a donor, they should use gift aid, if at all possible. Compared with a bucket collection on a busy street, it is considerably less burdensome to ask someone to provide their details if they are donating through a website or a text message. It is easy to use gift aid when making a donation through a website and it is also possible to attach gift aid donations to a text message.

I want to sound a note of caution about complexity. Text messages and internet donations can be made from anywhere in the world, but I hope Members will agree that the UK Government should not make a top-up payment on donations made from outside the UK unless there is firm evidence that the donor is a UK taxpayer or resident. Introducing other forms of giving to the small donations scheme would make it more complicated. In order to make a top-up payment on UK donations only, charities would need to keep records of the donation’s origin. That is comparatively straightforward when rattling a tin on a UK high street, but it would become much more burdensome, if not impossible, for some charities if donations were made through texts and website visits from around the world.

Hon. Members mentioned the possibility of making the gift aid system easier via text giving. The hon. Member for Kilmarnock and Loudoun will be aware that the Government are in discussions with a number of charities and their representative organisations about how we can do just that. The discussions are going very well and have been constructive. The Government are open to the possibility that, eventually, we might have to pass legislation to make the gift aid system easier and we are working with charities to try to achieve that.

It is possible that new forms of electronic giving will be developed in the future that are completely anonymous. Indeed, my hon. Friend mentioned the possibility of using Oyster cards, which are anonymous. It is very early at this stage, however, to understand what technology might come along in a few years’ time, so it would be difficult to set out the circumstances in which the power he proposed could be used. Without complete knowledge of Oyster cards or other developing technologies for giving, it is difficult to know whether they would fall under the scheme’s scope and rationale. It is, therefore, possible that the power could never be used.

I understand my hon. Friend’s concerns and he has made some important points, so I want a review of the forms of giving to be undertaken when we review the scheme after its first three years. If people are able to make completely anonymous electronic donations, we shall look again at whether the scope of the scheme should be extended. That is the Government’s commitment.

It is harder for charities to collect gift aid declarations in the street or at a religious meeting than through other channels. That is why the focus of the scheme is on cash donations. I accept that things may change, so I am committing the Government to review the situation after three years. I therefore ask hon. Members not to press their amendments to a Division.

[Dr Whiteford]

Madam Deputy Speaker, I am sure that you will be as pleased as other Members to hear that I do not intend to detain the House for long.

We have heard a few contributions on this group of amendments. The hon. Member for Amber Valley (Nigel Mills) was on the same page as me in looking to the future and in considering ways of giving that are already developing in the charitable sector. The hon. Member for Kilmarnock and Loudoun (Cathy Jamieson) alluded to some of the technical challenges that the proposals might meet and pressed the Minister on amendment 22, which she tabled.

I have listened carefully to the Minister and heard his commitment to review the forms of giving after three years. I am sorry that he did not go further, but I do not intend to press the amendment on the basis that there will be an opportunity for the “Chip-in” pilot scheme to be evaluated. I suspect that the technology will have moved far beyond that by the time of the review. I urge him to recognise the technological advances in giving that have already taken place.

Making a £1 text donation is like throwing a pound in a bucket. That is how we will give in the future. It will provide a better way for charities to create an audit trail. We do not know whether the people who give to someone who is shaking a bucket are taxpayers. Many of them may not be for one reason or another, whether they be pensioners or overseas students. In the same way, people making text donations may or may not be taxpayers, but I am sure that it is not beyond the wit of humanity to work out where the phones are or where the numbers are registered. Just as we are allowing this scheme to work in a proportionate way for cash donations that are collected in a bucket, we should respect the spirit of the Bill for contactless payments.

I look forward to the review in three years and hope that the Minister will take those points on board. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Third Reading