Charitable Registration

Jim Cunningham Excerpts

Tuesday 13th November 2012 Westminster Hall

[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.”