Small Charitable Donations and Childcare Payments Bill

Lord Stevenson of Balmacara Excerpts

2nd reading (Hansard): House of Lords & 3rd reading (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords & Report stage (Hansard): House of Lords
Monday 12th December 2016 Lords Chamber

[Lord Stevenson of Balmacara (Lab)]

My Lords, I declare an interest as a trustee of two small charities, neither of which I think benefit from gift aid or the SDS. I thank the Minister for introducing the Bill and all the speakers. Like others who have spoken, we broadly support the Bill and want to move it through as quickly as we can within the circumstances of this money Bill arrangement.

The Bill is aimed at simplifying the small donation scheme so that it benefits the greatest number of charities and increases access for smaller and newer charities. However, I feel that the Bill as drafted will not meet that objective, and I do not think that the Government have been listening to the small charities which have been complaining about the current scheme, because they have certainly been talking to us, and they do not tell the same story.

We all agree that smaller charities are facing significant financial and capacity challenges, which makes schemes such as the SDS, which support development of new income sources, all the more important. As the noble Lord, Lord Shinkwin, said, these charities face the greatest challenges accessing the scheme due to its restrictive requirements. In support of that view, we have been told that uptake is much lower than forecast, with only a quarter of the 80,000 charities that the Government forecast would be using the scheme by now actually using it. Surely we all want to make that change for the benefit of smaller charities.

However, as we have been reminded, this is a money Bill, so there is nothing further we can do about it in this House. We can rant and rage, but it will not have much effect on the words in the Bill. That is a pity, because there are clear ways in which the scheme could be reformed further to improve its accessibility. I suggest that the Minister and his officials take careful note of these points, and we hope that there will be opportunities to address them in later Finance Bills, either piecemeal or as a whole, because I think they will make a difference.

The main evidence that we have received seems to be about changing the matching requirement. All noble Lords who have spoken have mentioned that the matching requirement requires charities to make a certain volume of gift aid claims through the traditional system in order to access the SDS. In practice, this is £1 of gift aid for £10 via the donation scheme. A priori, it is more difficult for small charities to comply with this, as in their earlier years they often raise small amounts of gift aid or lack the capacity, as they are operating with volunteer staff, to process the gift aid donations. The suggestion by the noble Lord, Lord Hodgson, of a fixed annual amount has some merit, and I would support that, if it were brought forward.

When the Minister introduced the Bill, he said it was vital that schemes such as the SDS have appropriate and effective measures in place to prevent fraud and ensure that taxpayers’ money is well spent. Obviously that is true. However, in order to use the SDS, charities have to register not only with the Charity Commission, their own effective and efficient regulator, but with HMRC, under the normal gift aid scheme. Like the noble Baroness, Lady Barker, I am sceptical about whether there is really any evidence to demonstrate the extent to which the matching requirement is a necessary mechanism to prevent fraud and error, how effective it is and whether the matching ratio of one to 10 is necessary to stop fraud. I would be grateful for any evidence that could be provided, perhaps by letter.

The Government have stated that the small proportion of organisations affected by the matching rule means it does not need to be changed. Surely this is disingenuous. It is also ironic: because the claims from the groups concerned are small, organisations affected by the rule are more likely to be the smaller organisations that the Government wish to help with the scheme.

I have two further points. We do not believe that restricting the scheme to cash or contactless payments does enough to help charities or encourages them to use gift aid. The noble Lord, Lord Hodgson, made some points about that, and I agree with him. The Government could significantly expand the support available to small charities by expanding the types of donations used in the scheme and ensuring that charities which rely on texts, cheques or one-off online donations are not penalised. Will the Minister give consideration to that?

Finally, despite the community buildings requirement, local civic groups—the scouts and girl guides have been mentioned—are restricted in their ability to use the main SDS allowance as it is currently designed, as they are treated as being one organisation, so they can have only one joint claim for gift aid. This is despite these groups having to fundraise for their own activities locally, and often not being financially dependent on each other. We recommend that HMRC end this interpretation when it can be demonstrated that local groups not only raise their own funds but are not financially dependent on each other. Again, will the Minister agree to take this idea back?

Having said that, we support the Bill, including its formulations about childcare, and we wish it well.

--- Later in debate ---

[Lord Young of Cookham]

I take full responsibility for any speaking notes that I deliver. If one looks at some possible structures, you can have a charity with a number of community buildings and each one could claim £8,000—so it is not necessarily capped at £8,000. Depending on the structure of the charity, it would be possible to claim a much larger figure. I take on board the point that my noble friend has made.

Progress is being made on making SMS slightly more user-friendly. SMS text giving is an easy way for donors to give to charity; donors simply send a short code to a six-digit number to donate a set amount via their phone bill. There is an established process for donors to gift aid SMS donations. Following the initial message, a reply is sent to the donor, thanking them for their donation and asking for their name, house number, post code and confirmation that they are a UK taxpayer. If the donor replies with this information, gift aid is added to the donation. HMRC is working closely with the sector and we are introducing new legislation in April 2017 to simplify the process for claiming gift aid on donations made through digital intermediaries.

[Lord Stevenson of Balmacara]

The Minister is saying that there will be a legislative initiative in the forthcoming year, reflecting on the text side of things. A number of noble Lords raised the question of whether that clause would be applied. I take the point that a text message contains some metadata which would be useful if you wanted to pursue gift aid. I still do not get the point made by the noble Lord, Lord Hodgson, about why, if you are going to accept that for gift aid, we cannot see it applied to the SDS scheme as well. It is a way of transferring cash but, unless you have very agile, slim and slender thumbs, it is not easy to do all the stuff that you are asking for. It would fit perfectly into the idea of being additional cash.

[Lord Young of Cookham]

None the less, there is an advantage in getting it scored as gift aid rather than as a small donation, because there is a cap on small donations but not on gift aid. It is in the charity’s interest to try and nudge donations, wherever possible, down the gift aid route rather than the small donations one. The noble Lord asked about the take-up of the scheme and said that it might be too restrictive and complex. Some 21,300 charities took advantage of the gift aid small donations scheme in 2015-16, claiming a total of £26 million. Take-up of the scheme continues to grow year on year, but I take the point that it has come in below the forecast. That is why we are removing a number of eligibility requirements and relaxing the community buildings rules, which will make it simpler and easier to claim, particularly for smaller charities, and make it possible to score donations that are not collected in community buildings but in the local area. I hope this will help a number of charities which do not claim at the moment to do so.

I turn to the point made by my noble friend Lord Hodgson about fraud. Although the headline maximum payment of £2,000 is modest, fraudsters can hijack or set up multiple charities and claim multiple amounts. The community buildings rule enables some charities to claim significant amounts of top-up payments in their own right, so it can potentially add up. In any event, we have a duty to ensure that public money is spent properly. Any amount of taxpayers’ money going to fraudsters is a significant issue. The noble Baroness, Lady Barker, suggested that we should abolish gift aid and—if I have understood her correctly—give charities a top-up on all donations received. This would be a radical reform, but it would not be welcomed by many in the charity sector. In fact, in 2010, charity representatives on HMRC’s gift aid forum considered whether gift aid should be reformed, including removing the link to individual tax contributions. However, they concluded that gift aid should remain as a tax relief. We are open to representations on how we can improve gift aid but are not currently considering reforms along those lines.

Finally, the Government are anxious to continue general support for charities. Some 73% of adults give money to charity in the average month. We are the most generous nation in Europe, so there is much to celebrate. We are offering incentives to encourage giving: we provide a generous package of tax reliefs for charities and donors which was worth £5 billion last year. The Government are proud to support the Grow Your Tenner fundraising campaign, which starts today. We have contributed £245,000 to match donations from the public through the campaign to local charities and community groups. We funded the small charities fundraising training programme to help small charities build the skills needed to fund-raise effectively and later this year we are going to hold a local charities day to celebrate and promote engagement with local charities and community groups.

If I have not touched on all the points made—and I am conscious that I have not—I will write to noble Lords dealing with the issues they raised. In the meantime, I thank them for their suggestions. Even if I was totally persuaded by their arguments, this is a money Bill so, as the noble Lord, Lord Stevenson, implied, there is nothing we can do about it. I hope, on that basis, we can make progress with the Bill. I beg to move.