Charitable Registration

Heather Wheeler Excerpts

Tuesday 13th November 2012 Westminster Hall

[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.