Charitable Registration

Fiona Bruce Excerpts

Tuesday 13th November 2012 Westminster Hall

[Fiona Bruce (Congleton) (Con)]

I declare an interest, entered on the Register of Members’ Financial Interests, as a partner of a law firm that carries out a modest amount of charity law work, although, as may become patently clear in my speech, I have never specialised in that field. I recently had to take a crash course on charity law, and I apologise for any errors in my understanding of what is a far from simple field.

I am heartily encouraged by the number of Members attending this debate; it is the most I have ever seen in a Westminster Hall debate. In fact, there are so many Members that some are having to sit on the side. Many Members have said that they support my concerns on this matter.

If an organisation wishes to be registered as a charity, it both has to have charitable purposes and be of public benefit. The Charities Act 2006 states that it is not to be presumed that a purpose is for public benefit, so organisations applying to the Charity Commission for registration now have to demonstrate public benefit—something that comprises two elements: whether the nature of the charitable purpose is of benefit to the community, and whether those who may benefit constitute a section of the public. Charities that would previously have been registered without needing to demonstrate public benefit now need to do so.

In a debate in the House on the 2006 Act, the then Minister for the Cabinet Office said:

“The Bill preserves the existing law on the definition and test of public benefit, with one change. Under the existing law, there is the presumption that charities established for the relief of poverty, the advancement of education or the advancement of religion are for the public benefit… The Bill abolishes that presumption.”

The critical phrase is that

“The Bill preserves the existing law on the definition and test of public benefit”.—[Official Report, 26 June 2006; Vol. 448, c. 24-25.]

I shall refer to that in a moment.

The Charity Commission has the job of registering charities and applying the public benefit test to those charities that previously would have been exempt. One such charity is the Preston Down Trust of the Plymouth Brethren—a religious charity. In the main, I will confine my speech to public benefit as it relates to religious charities, as opposed to charities that relieve poverty or advance education, both of which have recently been the subject of charity tribunal cases.

[Jesse Norman (Hereford and South Herefordshire) (Con)]

I congratulate my hon. Friend on securing this debate and on the number of colleagues in attendance. I share her views, and I will quickly speak for the Plymouth Brethren in my patch. Is she aware of the large amount of research on the social and community benefits of moderate religious observance? Is there not a case, therefore, for moving back towards the wider definition of social benefit that we had historically in this country?

[Fiona Bruce]

Yes, I very much agree. It is an enormous burden for organisations such as the Plymouth Brethren to have to prove public benefit, as I will demonstrate.

[Ian Paisley (North Antrim) (DUP)]

I thank the hon. Lady for giving way in this important debate. She will know that the Brethren run crusades called “every boys rally” and “every girls rally” that attract tens of thousands of young people into their halls. Those young people benefit from social education, physical training and interaction with their local community. That is a major public benefit, and if the big guy is able to crush the little guy, as the Charity Commission is trying to do, that will destroy the social benefit that that church delivers to the community across the United Kingdom. I commend the hon. Lady for bringing the matter to the House.

[Fiona Bruce]

I thank the hon. Gentleman for making that point in his characteristically strong manner.

[Rehman Chishti (Gillingham and Rainham) (Con)]

I congratulate my hon. Friend on securing this important debate on the Charity Commission’s bizarre decision. When gospel halls across the country apply to Her Majesty’s Revenue and Customs to be recognised as a charity, they are recognised as a charity, so the Charity Commission’s dichotomy is bizarre and must be put right.

[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.

[Robert Halfon (Harlow) (Con)]

I congratulate my hon. Friend on securing this debate. She is always a fighter for justice in the House. My hon. Friend mentioned resources, but is she aware that, to fight the case at the tribunal, the Brethren are having to spend hundreds of thousands of pounds that they could otherwise use for charitable activities?

[Fiona Bruce]

Yes, my hon. Friend is absolutely right. It is all right for the Charity Commission or others to say, “Oh, you don’t have to be legally represented before going to the tribunal,” but the case is of immense importance. Not to have legal representation when, of course, the charity commissioners are legally represented would at least be unwise.

[Dan Byles (North Warwickshire) (Con)]

I join colleagues in congratulating my hon. Friend on securing the debate. Again, on resources, does my hon. Friend share my deep concern about the Charity Commission’s suggestion that assets may be seized from the Church if, after deciding that the Church is not a charity, the Charity Commission deems that those assets were obtained under what it might call the pretence of being a charity?

[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”.

[Nick de Bois (Enfield North) (Con)]

I endorse other Members’ comments. Is my hon. Friend suggesting, in short, that the Charity Commission thinks that it can put itself above the decisions of the High Court? Does she condemn that, as I do?

[Fiona Bruce]

The Charity Commission’s powers are to apply the law, not to make it. That is the domain of the House and the courts. The Charity Commission is a regulator, not a legislator.

[Bob Stewart (Beckenham) (Con)]

In my constituency, and I suspect in everyone else’s, the Plymouth Brethren meeting hall has received a letter refusing the Brethren charitable status and saying:

“This decision makes it clear that there is no presumption that religion generally, or at any more specific level, is for public benefit, even in the case of Christianity or the Church of England”,

although not in the case of Druids.

[Fiona Bruce]

I thank my hon. Friend.

[Paul Flynn (Newport West) (Lab)]

The difficulty is that we as a House failed to define public benefit in the Charities Act 2006; it is left to the courts. What will happen is that those who can afford the most expensive silks to argue their case are likely to triumph. Does the hon. Lady think that public benefit is well defined as far as education is concerned? Eton and Harrow have charity status, but schools on inner-city estates do not.

[Fiona Bruce]

The position regarding public benefit in education was considered thoroughly in connection with the case to which I referred earlier, so I will confine my remarks to the issue of public benefit and religious organisations, which has not been examined or judicially reviewed for some time.

[Glyn Davies (Montgomeryshire) (Con)]

I thank my hon. Friend for taking yet another intervention; I think that there will be a lot of them. Public benefit and its connection to education is hugely important in my constituency. My constituents are surprised by the issue. The greatest impact that the Brethren have had in Montgomeryshire is to take over a school that the local authority had closed. There were four or five pupils. The Brethren stepped in and took over the school, and now it is hugely successful, respected and subscribed to by local people all over. That is a public benefit as worthy of charity status as any that I can think of.

[Fiona Bruce]

That is a good example of public benefit on the part of that group.

[Stephen Pound (Ealing North) (Lab)]

The hon. Lady is being extraordinarily generous; it is characteristic of her good heart and soul, and we all appreciate it. She and I, along with the hon. Member for Harlow (Robert Halfon), met the new chairman of the Charity Commission in his office last Monday. He sought to reassure us that there is no anti-Christian bias in the Charity Commission, although I suspected that some of us were slightly more convinced than others.

I am as guilty as anyone else for the lack of clarity in the Charities Act 2006. Does the hon. Lady not agree that we must resolve the issue once and for all? She has done a great service today by demonstrating to the House and those outside the depth of concern and, in some cases, the fear that exists, which should inform any future legislative correction of the slightly ill-written 2006 Act.

[Fiona Bruce]

The hon. Gentleman has put my reasons for securing this debate more eloquently than I could have. It is meant to put on record the level of concern about the issue in this and the other House. There are many questions to be asked, and I hope that at least some of them will be asked today. He is right that some of them relate to the Charity Commission’s powers.

The notable Julian Rivers, professor of jurisprudence at the university of Bristol, has far more experience of the issue than probably anyone in this room. He has raised numerous concerns about the Charity Commission’s decision on the Preston Down Trust, particularly about the extent to which the Charity Commission considers that the abolition of the presumption of public benefit calls into question earlier cases involving religious charities, given that the former Minister said in the House in 2006:

“The Bill preserves the existing law on the definition and test of public benefit”.—[Official Report, 26 June 2006; Vol. 448, c. 24.]

There is clearly serious confusion. A much fuller discussion of Julian Rivers’s concerns is contained in his book “The Law of Organised Religions”. He raises several concerns about this area of law that are now far from academic as a result of the Preston Down Trust case.

[Heather Wheeler (South Derbyshire) (Con)]

Like many others, I have many constituents who are worried, not just for the Plymouth Brethren who work and form part of the community in South Derbyshire but for other religions as well. We have a big Catholic group in our area that does a lot of social work and has a big social constituency. I find it interesting that this could be the tipping point. I am grateful to my hon. Friend for securing this debate. It will be interesting to hear the Minister’s reply.

[Fiona Bruce]

Yes. Professor Rivers says that the law on the registration of religious charities

“is not completely clear and coherent… careful legal analysis and authoritative restatement would be helpful.”

One area of concern and confusion that he highlights is what we mean by the phrase “a section of the public” in relation to religious charities. If an organisation is to pass the test for charitable registration, a section of the public must benefit, but are not members of a denomination—the Methodists, for example—also members of the public? It has been suggested that the Charity Commission is trying to turn the question on its head by thinking of a class as restricted and therefore not consisting of members of the public, rather than as public because it is, on the face of it, open to all. The issue sounds complicated, but it is very important in the Plymouth Brethren case, in which it is clear that openness is a crucial factor in the Charity Commission’s thinking.

[Mr Charles Walker (Broxbourne) (Con)]

Is it not the role of Parliament to protect the rights of minorities?

[Fiona Bruce]

Yes, and to ensure that when they need access to justice, they can get it expeditiously and inexpensively.

The net result of the Charity Commission’s decision is that the Plymouth Brethren have had to go to enormous lengths to demonstrate the public benefit of their organisation and charitable activities by shouting about them in a way that they would not ordinarily have done.

[Dr William McCrea (South Antrim) (DUP)]

I join hon. Members in congratulating the hon. Lady on raising this important issue. She will agree that the Charity Commission’s decision has caused extreme hurt to members of the Plymouth Brethren, because although there are big religious groups around, the Charity Commission seems to be willing to stamp on what it believes is a smaller group that is easily taken on. There surely is a rightful feeling that the Plymouth Brethren are being discriminated against.

[Fiona Bruce]

The hon. Gentleman makes a valid point. This organisation is now bearing the brunt of efforts to clarify the law in this area. Is that right? Nicola Evans, a specialist charity lawyer, said recently in evidence to the Public Administration Committee:

“At the moment the process for trying to clarify an area of law seems to rely upon it being done at individual charities’ expense.”

That alone should give us cause for concern.

In denying Preston Down Trusts charitable registration, the Charity Commission’s key concern appeared to be openness; that is, that non-Brethren members of the public might not be able to participate in their services. The Charity Commission questioned whether a notice board identifying the Preston Down Trust’s meeting hall as a public place of worship, with contact details,

“is sufficient to demonstrate meaningful access to participate in public worship.”

I have a copy of this notice board. It does not seem that different from—in fact, it seems to contain more details than—the average Church of England notice board. Pardon me for referring to those; I am simply picking that example because we see them so often. The notice board states:

“Brethren’s meeting room”

and

“place of public religious worship”.

There is a reference to registration and the words,

“For details of gospel preachings and meetings for Bible teaching please phone”

two phone numbers

“or write”

to an address. It also states:

“A Gospel Preaching will be held on Sundays at 5 p.m. and all well-disposed persons are welcome to attend”,

and so forth.

[Mr Robert Buckland (South Swindon) (Con)]

Is not my hon. Friend’s key point that the Plymouth Brethren are not a closed sect, but an organisation that welcomes the public to participate in its activities and an important part of a vibrant community, such as the one in Swindon that I represent?

[Fiona Bruce]

Absolutely. There is a complete distinction—I am pleased to have the opportunity to clarify it—between the Brethren and closed orders of nuns, for example, which understandably do not have charitable status. The Brethren are different, living and working within local communities.

[Andrew Jones (Harrogate and Knaresborough) (Con)]

My hon. Friend is generous in giving way.

There are gospel halls in my constituency. I have found the Brethren to be a welcoming group with a strong sense of community who do good work across their community, as other churches and faith groups do. It would be wrong if Brethren trusts lost their charitable status. Does my hon. Friend agree that that could set a worrying precedent that would be applicable to other churches or faith groups, which could lose their charitable status?

[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 ---

[Fiona Bruce]

I thank my hon. Friend for making that excellent point. It seems that the chief offence of the Brethren in today’s liberal secular society is their genuine, sincere desire to live by the Bible in a more literal sense than many of us seek to do. Is that so bad, particularly when looking at the good that results? I will come on to that in a moment.

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

Not for the first time, the hon. Lady is doing great service to this House by raising an important issue. She is touching on a point that she made before, which is that this issue has forced the Brethren to mention things that they would not previously have shouted about. Quiet, unobtrusive service is at the heart of religion and that should be respected. The notion of limited interaction with the wider community has now forced the Brethren, including the Brethren in my constituency, to whom I pay tribute, particularly in Sale and Northenden, who have had to produce a catalogue of the service that they provide to their community. Will the hon. Lady join me in praising their efforts?

[Fiona Bruce]

I will, indeed. The catalogue that the right hon. Gentleman mentions is a booklet entitled “Public Benefit: the Plymouth Brethren Christian Church”, which contains so much that the Plymouth Brethren demonstrate by way of public benefit that I cannot possibly do it justice in a speech. I shall place a copy in the Library for the record.

The Charity Commission expressed

“concerns about the lack of public access to participation in…Holy Communion.”

Many Christian denominations limit participation in Holy Communion in some way, most notably, I understand, the Roman Catholic church. Other hon. Members may be able to testify to that. Restricting access to Holy Communion should not be a reason for refusing charitable status.

The Charity Commission also commented on the beneficial impact of the Preston Down Trust, saying that it is

“perhaps more limited than other Christian organisations as their adherence limits their engagement with the wider public”.

The point has been well made: that is simply because people do not know about what they have done, because they have not broadcast it, but have modestly gone about their work.

The Charity Commission says that

“the evidence in relation to any beneficial impact on the wider public is perhaps marginal and insufficient to satisfy us as to the benefit of the community.”

I hope that, as a result of the production of the booklet, it reconsiders that view.

[Mr Nigel Dodds (Belfast North) (DUP)]

I commend the hon. Lady on bringing this issue to the attention of the House. Does she agree that the presence of so many hon. and right hon. Members from across the United Kingdom, and the contributions that have been made—all singing from the same hymn sheet—is an important, powerful signal to the Government and the public that something has to be done, if not by the Charity Commission, then by Government in this House.

--- Later in debate ---

[Fiona Bruce]

Absolutely. I thank the right hon. Gentleman for saying that so plainly.

“Public Benefit” by the Plymouth Brethren church—I will touch on some points for the record, to get them in Hansard—includes support for families, care for young people, disaster relief, visits to prisons, hospitals, donations of substantial funds to many charities, including the British Heart Foundation, Royal National Lifeboat Institution, Macmillan nurses, and dozens of others.

[Jeremy Lefroy (Stafford) (Con)]

Would not my hon. Friend say that that exemplifies the fact that not only are they there for the promotion of religion, but for the promotion of education and the relief of poverty? The work that they do in my constituency and elsewhere, particularly in providing work and jobs for people who might not otherwise have them, should be commended, not opposed or obstructed.

[Fiona Bruce]

My hon. Friend makes a characteristically astute point and I thank him for it.

I specifically want to mention the Preston Down Trust, because it is the subject of the appeal. I have additional information about its social action in the past two to three months, including the provision of free meals to members of the public, assisting at accidents, collecting for charity and street preaching and the distribution of tracts. It has that in common with all Plymouth Brethren churches. Surely no one can argue that they do not provide public benefit.

On the website, the Brethren say that

“we hold the same faith as every true Christian, we publicly preach the gospel and engage with the broader community through fund-raising and volunteer work. We work and live alongside people from many walks of life and many Brethren own businesses that collectively employ thousands of non-Brethren. Brethren characteristically are caring, active and contributing members of their local community.”

Someone might say, “Well, they would say that, because they are saying it about themselves”, but I assure people that I have spoken with a constituent of mine who describes himself as a lapsed atheist. He is certainly not a Christian, by his own admission, and he works for one of the several Plymouth Brethren businesses in my constituency. His name is Glyn Rushton, he is happy to go on the record and he works with Delta Balustrades, where he is a production manager. He got his job through the jobcentre in 2005 and he has the utmost respect for the Brethren, describing them as model employers:

“I would always view Brethren as a force for good in any area. They are industrious, independent minded people who care about those around them. They set out to solve more problems than they create and rarely feature in crime statistics”.

His point about the positive aspects of the Brethren way of life should not go unnoticed, and I draw attention to page 17 of the booklet to which I referred earlier.

It is important to raise the issue of information circulating on some internet sites that gives a negative portrayal of experiences to do with the Plymouth Brethren. I understand that such matters have not been a cause of the Charity Commission deciding to refuse charitable status. In a letter of 7 June, the commission states:

“We do not have any evidence before us at this time to demonstrate disadvantage which may serve to negate public benefit.”

No one would claim that any organisation is perfect, but if the Charity Commission has any such concerns the proper thing to do is to investigate thoroughly and to substantiate or discount them. At present, however, having checked with the Plymouth Brethren as late as this morning, I understand that that is not an issue in the appeal case of the Preston Down Trust.

[Mark Durkan (Foyle) (SDLP)]

I commend the hon. Lady, as others have done, for initiating the debate. She and I served on the Bill Committee that considered the Small Charitable Donations Bill and, in that context, it is clear that the Government have gone to some lengths to make quite elaborate and convoluted provision to take care of the differing set-ups and networks of the Catholic Church and the Church of England, though not much by way of smaller Churches. Does she accept that we Members of Parliament might have an opportunity, when that Bill returns to the Chamber in a couple of weeks, to support an amendment that would clarify that local churches as well as community amateur sports clubs should be included in the working definition of charities and at least come under the definition of community benefit?

[Fiona Bruce]

I thank the hon. Gentleman for that intervention. I remember that aspect of the debate, and certainly that is something that could be considered.

Members have spoken about how many other faith groups are concerned about the legislation. It is interesting, therefore, to look back at the debate in 2006, when the Charities Act was passed in the House. The right hon. Member for Doncaster North (Edward Miliband), now the Leader of the Opposition, said that

“it is right that public benefit must be shown, but…at least for religion, the obligation will not be onerous. We have accepted, and I think others have, too, that making provision for people to attend acts of worship is clearly a public benefit. It is clear in case law, and it will remain part of the charity law of this country. Religions have nothing to fear.”—[Official Report, 26 June 2006; Vol. 448, c. 96.]

It would appear that religious charities now very much have something to fear.

Several commentators have remarked on the issue, and I want to draw attention to some of them, because it is important to demonstrate that concern exists about it among not only a huge swathe of parliamentarians but people in authority outside the House. Last week, the former Archbishop of Canterbury, Lord Carey, said he was “very concerned” and was quoted as saying:

“I do believe we need to hold the Charity Commission to account as much as they hold any religion and social service to account. I believe that Christianity has a huge and great record in terms of serving the community, in terms of education and all kinds of ways.”

Other people have expressed concern. Lord Boateng wrote to me:

“I believe the Charity Commission has exceeded its mandate and needs to be reined in. I believe people of faith have much to fear from this decision and will support all measures brought to Parliament to reverse it.”

A highly respected charity law practitioner, Robert Meakin, has written a book, which I have with me, called, “The Law of Charitable Status: Maintenance and Removal”—quite a triumph to read over the weekend, although I say so myself. His words date back to 2008, although I notice that the copy in the Library was in pristine condition:

“The law of public benefit is confusing and as a result the Commission cannot be confident of its powers to remove charities from the Register… there is a need for greater clarity about the Commission’s powers.”

Interestingly, he also refers to a 1948 House of Lords decision in a famous case, the National Anti-Vivisection Society v. the Inland Revenue Commissioners, in which Lord Simonds stated that

“only a radical change in circumstances, established by sufficient evidence”

should justify holding an object not to be charitable which in earlier ages has been held to possess that virtue. As mentioned, the Plymouth Brethren have been registered as a charity for some 50 years.

Mr Meakin also says that it should be rare for charities to be removed from the register. He says that there is no power in the Charities Act authorising the commission to decide questions of charitable status judicially:

“Its role is to register charities and in doing so it must follow general law but there are so few decisions of the Court and legislation that the Commission is forced into becoming a de facto law-maker”,

rightly pointing out the importance therefore of clarifying the issue. He also mentions the importance of public confidence, in the commission and in the status of charitable registration.

[Mr Jim Cunningham (Coventry South) (Lab)]

It is interesting that the Charity Commission has not justified the action that it took. More importantly, is it not important for us to pursue the matter now, because who will it be next?

[Fiona Bruce]

The hon. Gentleman makes a pertinent point.

Mr Meakin wrote about the importance of securing public confidence, and so many questions are now being asked that we must raise the issues broadly, to ensure that we maintain public confidence in charitable status. Many people rely on it when giving to and involving themselves in support for charities.

My hon. Friend the Member for Gainsborough (Mr Leigh), former Chair of the Public Accounts Committee, said:

“I understand that removing charitable status for religious bodies because of supposed lack of public benefit is dangerous territory. Doing so would almost certainly open up a minefield of civil actions in the courts and could quite possibly breach the conditions of the European Convention on Human Rights with regard to religious discrimination. In addition to the obvious loss of religious freedom, the cost to the taxpayer of lengthy legal actions is worth taking into consideration beforehand.”

A leading Queen’s counsel and specialist in the field, Hubert Picarda, has given his opinion that the Preston Down Trust

“is a charity and should be registered as such… Where under the old law it has already been determined that a purpose is beneficial there is no necessity to determine…any further point. The requirement is already satisfied.”

He also mentions that, over the years,

“the conventional advancement of religion is intrinsically for the public benefit, has been accepted as such and there is no reason for creative bureaucratic intolerance to replace judicial and settled community tolerance.”

[Mr Rob Wilson (Reading East) (Con)]

rose—

[Fiona Bruce]

I am coming to the end of my speech, Members will be relieved to hear, but I shall give way.

[Mr Wilson]

I congratulate my hon. Friend on the outstanding case that she is making today. May I bring her back to the Charity Commission? I think that it states that nearly 20% of registered charities are there for the advancement of religion and all the good causes that go along with that. It registers hundreds of Christian charities each year. What does she believe is really motivating the Charity Commission in this case? Is it because the Plymouth Brethren are different, a minority group and much easier to suppress as a result?

[Fiona Bruce]

It would be wrong of me to try to divine what is in the minds of the charity commissioners in that way, but we are perhaps seeing a clash between what we might call a secular liberal society and the traditional society that we have seen in our country up until now, which has respected the role of religions, particularly the Christian Church, over many centuries.

[Dr Matthew Offord (Hendon) (Con)]

I wish my hon. Friend the best with her speech this afternoon. Does she agree that the Charity Commission has not kept to the general assurances given by Ministers in the previous Government that charities such as the Plymouth Brethren would not be affected by the Charities Act? In effect, the commission is going against Parliament itself.

[Fiona Bruce]

That is a valid point; indeed, the Christian Institute, which is a non-denominational charity representing 3,800 churches from almost all Christian denominations, is concerned about the issue. It says:

“If the Charity Commission can now find against the Plymouth Brethren Christian Church in the case of Preston Down Trust, this would appear to have grave implications for other Christian churches and groups, the majority of which apply some restrictions on access to sacraments and benefits… We believe the time is ripe for an Attorney General’s reference to properly clarify the law on public benefit with regard to religious charities. Furthermore, we would like to see modifications made to the role and structure of the Charity Commission, to prevent it adjudicating on theological matters, a function which it is ill-suited to discharge.”

[Mr David Amess (Southend West) (Con)]

Does my hon. Friend, who is a very good woman indeed, agree that the Charity Commission has behaved absolutely disgracefully in this regard? Does she further agree that, rather than waiting for some ministerial diktat, it should admit that it got its decision wrong and overturn it immediately?

[Fiona Bruce]

One way of resolving this immediate issue would be for the charity commissioners to look at all that is in the public benefit. That alone should be sufficient for them to review the case.

[Robert Flello (Stoke-on-Trent South) (Lab)]

I am grateful to the hon. Lady, whose speech I am enjoying immensely—it is extremely good and gets right to the heart of the issue. She has also been very generous in giving way to countless Members. My concern—she has rightly moved on to this issue—is whether every Christian charity up and down the country will have to start preparing books and websites to get information out, so diverting them from the important work that they do. Will they have to do that to protect themselves just in case there is a problem? That would be outrageous.

[Fiona Bruce]

I entirely agree. I thank the hon. Gentleman for making that point.

One option for trying to resolve this issue has not been mentioned: perhaps the case of the Preston Down Trust, which is, after all, a test case, could be referred to the upper tribunal, so that it was heard by a High Court judge of the chancery division and any decision would have appropriate status. That solution could be looked at. We certainly require a serious analysis by legal experts in this field, including an analysis of the case law on public benefit, what it means for religious organisations and how far organisations such as the Charity Commission should stand in judgment over religious groups. All those issues must be considered, and it is not merely an academic exercise, because the rubber has hit the road for the Plymouth Brethren. Who will be next?

[Mr Andrew Turner (Isle of Wight) (Con)]

Will my hon. Friend give way?

[Fiona Bruce]

I would be delighted to give way to my hon. Friend, who was, I believe, the shadow Minister when the Charities Bill was debated.

[Mr Turner]

I was, and in a way this is a reflection on me because I allowed the relevant parts of the Bill to go through. However, the right hon. Member for Doncaster North (Edward Miliband) backed us up, saying that the provisions would not make any change. There is a grave danger in terms of not only religion, but education and poverty; the trouble is that we may bring charities to a situation where they are no longer charities, and they will lose everything. If it were the Church of England, we would lose our churches—it is as dire as that.

[Fiona Bruce]

I thank my hon. Friend for raising that point. I have read the debate that he mentions, and I give credit to him, because he raised these concerns and he was given assurances, but those concerns are now coming to pass. The implications that he highlights go to the heart of religious freedom in this country—that is how far this issue goes.

The concerns highlighted today are shared by a great number of other Members, who were unable to attend, because they have other commitments, but they have asked me to put on record the fact that they support my concerns. They are my hon. Friends the Member for Salisbury (John Glen), for Enfield, Southgate (Mr Burrowes), who is now here, for Mole Valley (Sir Paul Beresford), for South Northamptonshire (Andrea Leadsom), for Macclesfield (David Rutley), for North Swindon (Justin Tomlinson) and for Sittingbourne and Sheppey (Gordon Henderson), the hon. Member for Glenrothes (Lindsay Roy), my hon. Friends the Members for Crawley (Henry Smith) and for Waveney (Peter Aldous), my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan), my hon. Friends the Members for Fylde (Mark Menzies), for Wellingborough (Mr Bone), for Loughborough (Nicky Morgan) and for Lincoln (Karl MᶜCartney), the hon. Member for Strangford (Jim Shannon) and my hon. Friend the Member for Reading East (Mr Wilson). If I have read out the name of anyone who is here, I apologise.

In closing, may I reiterate what I said at the outset: I am not an expert in this field, and I have had to research and come to understand it?

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

Will my hon. Friend give way?

[Fiona Bruce]

Why break the habit of a debate?

[Stephen Metcalfe]

I am incredibly grateful to my hon. Friend. Does she agree that the Charity Commission should have spent a little less time going down the legal route and a little more time talking to people in the community? I have had the privilege of working with the Brethren for more than 20 years in a professional capacity—my family’s firm used to do a lot of their printing—and a lot of the things described as public benefit are real and genuine. If the Charity Commission had got out and talked to people who engage with the Brethren, but who are not part of the Brethren, it would have found that the public benefit spills well into the wider community, as I have seen. Surely, public benefit can be what is set by example, as well as what is practised in a religious sense.

[Fiona Bruce]

I thank my hon. Friend for that. On that point, I shall rest our case.

[Hon. Members]

Hear, hear.

--- Later in debate ---

[Mr Hurd]

I am delighted to see my hon. Friend back on this side of the Chamber; I was worried for a moment when I saw where he was sitting earlier. I will deal with the specific point that he raises when I deal with the second part of the argument, which is: what are the wider implications of the decision?

I remind hon. Members that before the advent of the Charities Act 2006, it was generally considered that charities for the advancement of education, the advancement of religion and the relief of poverty benefited from a presumption of public benefit. The 2006 Act removed that presumption. The aim was to create a level playing field whereby all charities had to show their public benefit. As has been pointed out, the Act did not seek to define public benefit—we will return to that—but instead continued to rely on its common law meaning. It gave the Charity Commission the job—we should recognise that it is a difficult job—of producing guidance on public benefit, and promoting awareness and understanding of the public benefit requirement. One of the Charity Commission’s functions is to determine whether organisations that apply for registration are charitable in law. It is for organisations applying to show that they are charities, not for the Charity Commission to show that they are not.

Before the advent of the 2006 Act, the Exclusive Brethren were “excepted” charities and were not required to be registered with the Charity Commission. The 2006 Act required certain excepted charities to register with the commission. It is that change that has led to the application to register by the Preston Down Trust. According to the Charity Commission, its decision not to register the trust was based on the content of the application as it was presented. The commission says that it was not able to conclude that the Preston Down Trust was a charity in law based on the material that was presented to it in the application. The commission’s decision was explained in a letter dated 7 June. I can certainly place a copy of that letter in the Library of the House for hon. Members who do not have one.

[Fiona Bruce]

Can my hon. Friend the Minister comment on whether he thinks that the decision reflected what was the will of the House when the Charities Act was passed in 2006? I would be interested in his view and I believe that he can give it. I checked very carefully with the House of Commons Library before the debate that this issue is not sub judice or subject to those rules and therefore comment can be made on it in this Chamber.

[Mr Hurd]

We can all express our opinions, but I genuinely think that in this matter the substantive point that I have to make is that as things stand, unless the Charity Commission takes a different view on the evidence presented to it by the Brethren, it is for the tribunal to decide. I think quite genuinely and I say with real sincerity that it would be unhelpful for me to express a personal view as a Minister in that context.

I will move on to the second point. My answer to the first point—was this a good or bad decision?—is that as things stand, unless the Charity Commission changes its mind, it is for the tribunal to decide. A serious concern was raised about a ripple effect from the decision. There were concerns that the Charity Commission is pursuing an anti-Christian agenda. I am satisfied that that is not the case. As a public body, the Charity Commission is bound by equalities duties and by law must not discriminate in its dealings with different religions or faiths. A fact that has not emerged from the debate is that the Charity Commission continues to register hundreds of Christian charities each year, including charities that were previously excepted. That fact has to be reconciled with various statements—some of them quite wild—about the commission discriminating.