Draft Grants to the Churches Conservation Trust Order 2022

Nigel Huddleston Excerpts

Wednesday 9th March 2022 General Committees

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

I beg to move,

That the Committee has considered the draft Grants to the Churches Conservation Trust Order 2022.

It is a pleasure to serve under your chairmanship again, Ms Elliott. The order is required so that the Government may continue to provide funding for the Churches Conservation Trust. The trust takes into its care some of the most impressive examples of our churches that are no longer required for regular worship. All these churches are listed—mostly grade I and grade II* —and some are scheduled ancient monuments.

Historic places of worship are a valuable and vital part of this nation’s heritage. Around 45% of all grade I listed buildings are Church of England churches or cathedrals. They represent some of the finest examples of our historic buildings and heritage, and showcase the most accomplished design and workmanship.

The trust currently cares for over 350 churches in towns, villages and cities across England, ranging from small hidden treasures to grand urban Victorian buildings. The churches the trust has saved are some of the finest examples of architecture and craftsmanship, spanning more than 1,000 years of history, architecture and archaeology. The trust keeps these buildings open to the public and does not charge an entry fee, instead believing that historic churches belong to everyone in the community.

The trust is a charity and was established by ecclesiastical legislation in 1969 as the Redundant Churches Fund, aimed at protecting an essential part of our heritage. It demonstrates a successful partnership between the Church, the Government and communities.

The trust’s strategy for 2019 to 2024 has seen an investment in staff to create the infrastructure to support local communities to use and love their historic church buildings. Those staff provide community support, learning, fundraising, conservation and maintenance expertise, and major project support, as well as funding.

The trust needs our funding, but it has not rested on its laurels and has increasingly made use of its statutory grant to raise new income from other sources, such as donations, legacies and grant-giving foundations. That independent income demonstrates great initiative, with a variety of activities helping to bring the CCT’s buildings back to life at a time of pressure on public funding.

Following the call from the Government to move offices from central London to areas outside the south-east, the trust will be taking the opportunity to highlight an innovative regeneration project in Northampton to create a new national office. The derelict grade II listed Old Black Lion in Northampton will be brought back to life as a pub to support the management and maintenance of St Peter’s church next door, while also becoming home to the CCT’s national team.

This year has seen the successful opening of two new church buildings by the CCT—St Peter’s, Tickencote, and St Nicholas, Gamston. Over £2 million of works have been undertaken to CCT buildings thanks to round 2 of the Heritage Stimulus Fund. This year will also see the vesting by the CCT of St Torney, North Hill, in Cornwall and St Wilfrid in Brougham. In addition, the major projects at St Swithun’s, Worcester, and Holy Trinity, Sunderland, have now completed construction, and these fully repaired and repurposed church buildings will be opening to their local communities shortly.

The trust has done a great job of diversifying its income and finances, and I will speak about just a couple of examples. One of its many initiatives is champing, or church camping, which is a scheme offering overnight stays in historic places of worship. The scheme, which began in 2015, continued to thrive in the 2020 season, as there is now a greater emphasis on UK-based breaks.

Filming has also been an important contributor to diversifying the CCT’s income streams, offering another creative route to supporting and conserving the estate. Over the last few years the organisation has facilitated film and TV productions from the BBC, Sky, HBO and Netflix across its sites. There remains considerable potential to attract more film and TV productions to the CCT estate.

The trust’s staff are award-winning experts in conservation when it comes to regenerating historic churches for new uses. The organisation also has an international reputation for innovation in the field of historic church buildings. In 2015, the CCT won the European Union prize for cultural heritage, the Europa Nostra award, in recognition of its role in promoting the architectural significance of historic places of worship and their essential function as centres of community life.

Consultancy work is also a positive income stream for the trust, working on projects with dioceses, churches and community groups, as well as new maintenance business initiatives. The trust is also participating in the management knowledge transfer partnership, funded by the Department for Business, Energy and Industrial Strategy, with the Saïd Business School at the University of Oxford. Membership of the trust has grown during the pandemic, predominantly through the Thursday lunch time lecture series, which has attracted more than 200,000 viewers to date. It has also created an online community of interest in the work of the CCT.

It was almost a year ago to the day that we sadly lost Peter Ainsworth, who died unexpectedly. Peter was a great chair of the CCT and a committed public servant who supported the charity through the first year of the global pandemic. He is greatly missed. After 15 years with the CCT and nearly five years as chief executive, Peter Aiers is leaving to become the 34th Master of the Charterhouse in London. Peter set up the successful regeneration team in the CCT, which has continued to innovate and deliver such projects as All Souls Bolton, St Mary at Quay, Ipswich, and the Old Black Lion. Peter also invented champing, which I referred to earlier, as a means of raising tourism income for the CCT, which has a worldwide audience now. He also put in place the current CCT strategy, and we thank him for his work and dedication.

I am extremely fortunate to have three CCT churches in my constituency: All Saints’ church in Spetchley, which is a 700-year-old church next to Spetchley Park and gardens; St Michael’s church, Churchill, which is an atmospheric church mainly from the 14th century; and St Lawrence’s church in Evesham, which is a large, imposing church rebuilt on Norman foundations in the 16th century. Those historic buildings remind us of communities of old, and the work of the Churches Conservation Trust means that they will be preserved for generations to come. They anchor us to our history and our communities in a way that we should never take for granted. I hope that the Committee shares my enthusiasm for the important work of the trust, and the key role that it plays in preserving and promoting a vital aspect of our nation’s heritage, and that it will consent to approve the Grants to the Churches Conservation Trust Order 2022, which provides for three years of funding to the trust.

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[Nigel Huddleston]

I thank the hon. Member for Ogmore (Chris Elmore) for his contribution. I know that across the whole House we share a passion for heritage and concern about the future of our churches.

In answer to some of the points the hon. Gentleman raised, we always keep the funding for the Churches Conservation Trust under review. He is right that, unfortunately, as time goes by, more and more churches fall under the CCT remit. In an average year, about 20 churches are moved out of direct Church control, of which only about two or three fall into the CCT arena. Others go into private ownership or are renovated for other purposes, which itself generates income for the Church. The key point about funding is that we have been very impressed by the CCT’s ability to find savings of its own volition. We appreciate the efforts it has made and the pattern we both recognise of identifying additional income streams. We are always happy to engage with the Church and the CCT.

The hon. Gentleman talks about the wider implications of the number of people attending Church of England churches and other institutions. We are in constant dialogue with Churches through a variety of means. The Second Church Estates Commissioner, my hon. Friend the Member for South West Bedfordshire (Andrew Selous) has a role in that respect. We frequently have conversations with him and we are always willing to offer help.

The Government’s funding for the CCT is an effective and successful part of the support we give to our heritage sector. The trust is fully committed to making sure that these remarkable buildings of cultural importance are still in good repair, and are open now and for many generations to come. I extend my grateful thanks to the trustees, the staff of the CCT, and the many volunteers up and down the country who ensure that the churches are open and welcoming.

It is thanks to the important work of the CCT that these historic buildings continue to thrive. Buildings looked after by the CCT across England are enjoyed as cultural, social, tourism and educational resources. They are kept open and in use, and are living once again in the heart of our communities. We thank them for that.

Question put and agreed to.

Charities Bill [Lords]

Nigel Huddleston Excerpts

3rd reading
Tuesday 22nd February 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

I beg to move, That the Bill be now read the Third time.

This Bill will increase efficiency in the charities sector by reducing unnecessary administration and bureaucracy, therefore enabling more funds to be used for charitable purposes. It will simplify a number of processes and promote consistency in the law by implementing the majority of the recommendations set out in the Law Commission’s “Technical Issues in Charity Law” report.

There is no doubt that the work of charities touches almost every aspect of British civic life. They inspire, mobilise and unite people to help others, including the most vulnerable in society. Not only do charities provide us with opportunities to volunteer and donate to important causes, but they publish meaningful research to increase awareness of the challenges in society. There is no greater example of the strength of community than that to be found in our great network of charities—we have more than 165,000 registered in England and Wales alone. That is why it is so important for us to recognise some of the challenges faced by charities and bring in regulatory change that will enable them to continue to make a difference.

As charity law can be complex and bureaucratic, it often means that charities incur expensive legal costs, in turn giving them fewer resources and less time to focus on their charitable purposes. The Bill strikes a careful balance between tackling administrative frustrations and maintaining sufficient safeguards to protect charities and their donors. The Bill makes a number of important changes that will be of benefit to the sector. For example, it will simplify the process by which charities amend their governing documents and make it easier for charities to repurpose funds from a failed fundraising appeal.

The Bill also provides trustees with tools to make better use of their permanent endowment, and removes administrative burdens associated with land transactions and mergers. Trustees will also be able to apply for advanced assurance from the courts that the costs of litigation can be paid from a charity’s funds, rather than a charity being discouraged from seeking legal action because the costs would be borne by the trustees personally.

The Bill contains other measures, including some about changes to the names of charities. All these changes are balanced against the need for important safeguards, such as Charity Commission oversight, and will save charities the time and resources involved in having to negotiate through overly burdensome regulation. That is why I am pleased that this important Bill is completing its passage today.

I also recognise the need to give charities a clear timeline, alongside a staggered implementation period, so they are not overburdened by several changes at once. That is why we aim to phase in reforms over a 12 to 18-month period, to ensure that charities have time to prepare for implementation and can fully benefit from the changes. A phased implementation approach is also important for the Charity Commission. We will publish a more detailed implementation plan following Royal Assent. The aim of the Bill is to help charities carry out their purpose even more effectively.

I am honoured to have taken the Bill forward based on the proposals from the Law Commission, to which we are grateful. I must also extend my gratitude to my noble Friend Lord Hodgson of Astley Abbotts and to all those who have contributed to the Bill’s formation. That includes all of the leading experts who have provided input on the legal reforms. The Bill has been rigorously scrutinised and is the product of careful consideration and consultation. I would like to thank all right hon. and hon. Members for their contributions, support and interest in the Bill. I am also thankful to the members of the Second Reading Committee and the Public Bill Committee, who provided support and scrutiny, and in particular the Chairs, my hon. Friend the Member for South West Devon (Sir Gary Streeter) and the hon. Member for Halton (Derek Twigg). I am also grateful to the Opposition, across both Houses, for giving the Bill due consideration and scrutiny, and I am glad we have support from the charities sector, which has been reflected well across the House.

Finally, I wish to put on record my thanks to all those who have carried out exceptional work to enable the Bill to reach its final stages: colleagues from the Law Commission, the Charity Commission, parliamentary counsel, the Department for Digital, Culture, Media and Sport’s policy and legal teams, my private office, and all the parliamentary staff and co-ordinators. I now look forward to seeing the Bill’s successful implementation. I commend the Bill to the House.

Oral Answers to Questions

Nigel Huddleston Excerpts

Thursday 10th February 2022 Commons Chamber

[Huw Merriman (Bexhill and Battle) (Con)]

2. What steps her Department is taking to support the UK tourism industry as covid-19 restrictions are lifted.

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

The tourism industry has been severely affected by covid-19, which is why we have provided more than £37 billion in financial support to the tourism, hospitality and leisure sectors over the pandemic. The Government’s tourism recovery plan sets out our ambition to get visitor numbers back to pre-pandemic levels a year faster than independent forecasts predict. To help us to achieve that ambition, VisitBritain’s international marketing campaign launches this month to target pent-up demand in key markets.

[Huw Merriman]

Last weekend I visited the beautiful Rathfinny vineyard, and last summer I met the Minister in the De La Warr pavilion. These two gems are part of the Sussex Modern trail, which links our vineyards with our cultural and artistic icons. Would the Minister meet me to discuss why Southern rail is not promoting tourism offers such as those, which would not only provide a great boost to its own passenger numbers—needed after covid-19—but boost tourism in Sussex and elsewhere in the country?

[Nigel Huddleston]

Indeed, I was delighted to visit my hon. Friend’s constituency last year. He has many gems—cultural, historic, heritage—as well as tourist attractions, so I can see why so many people would want to visit his part of the world. I would be delighted to meet him to discuss his proposals, some of which would involve engagement across Departments, and I would be happy to facilitate those conversations as well.

[Christian Matheson (City of Chester) (Lab)]

14. One of the biggest drivers of tourism in my area is the city walls—the only complete set of city walls in the UK—but the local authority has to spend money from the highways budget on their upkeep. Does the Minister agree with me that such major heritage and tourism assets should be funded centrally, because they are national and, indeed, international treasures?

[Nigel Huddleston]

The hon. Gentleman makes an important point. We do invest quite heavily in heritage, particularly with the culture recovery programme, and of course there is ongoing investment in heritage through the national lottery heritage schemes and others. Again, this is an area that sometimes involves cross-Government work, so I would be happy to meet the hon. Gentleman to discuss his ideas and proposals.

[Duncan Baker (North Norfolk) (Con)]

3. What steps her Department is taking to ensure reliable phone signal in (a) North Norfolk and (b) other rural areas.

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[Kim Johnson (Liverpool, Riverside) (Lab)]

7. What steps the Government are taking to ensure diverse representation in (a) women’s and (b) men’s national cricket teams to help tackle racism in that sport.

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

We must ensure that cricket, and indeed all sports, are accessible to people from all backgrounds. National team selection is not something the Government have control over—that is for governing bodies to decide—but I am sure we can all agree that the primary basis should be talent. We need that diverse pool of talent. I have had positive conversations with the England and Wales Cricket Board and the county clubs on ensuring that talent pathways are fully open to the diverse range of people who play the game at grassroots level.

[Kim Johnson]

The Minister makes some interesting points, but does he agree that actions speak louder than words? The game has been described as institutionally racist. Can a review of dressing room culture, being undertaken by Clare Connor, fix the deeply entrenched under-representation of black women cricketers when Ebony Rainford-Brent, the first black member of the women’s cricket team, said she had never been made to feel different until she entered the cricket world?

[Nigel Huddleston]

I agree with the hon. Lady on those concerns. There is a lot more to do in cricket and across sport as a whole. I have met the county chairmen and Lord Patel, as well as having dialogue with the ECB. I believe progress is being made, but I agree completely with her: I want to see actions, not just words.

[Julian Knight (Solihull) (Con)]

I refer Members to my entry in the Register of Members’ Financial Interests. Does my hon. Friend share my disquiet that Lord Patel, Yorkshire’s new chair, has been forced to publicly call out a group of individuals for seeking to delay and derail vital reforms of the club in order to combat the scourge of racism? Does my hon. Friend agree that, in order to support Lord Patel in his fight, the ECB should state that international cricket can return to Headingley but on the strict proviso that members back Lord Patel’s reforms, we see a dilution of the power of the Graves Trust, and that they ignore the siren calls of those who wish to retain the shameful status quo?

[Nigel Huddleston]

I thank the Chair of the Select Committee for his and the Committee’s work in this area. The decision to bring internationals back to Yorkshire is for the ECB and I have to respect that, but I have met Lord Patel, even just yesterday, and personally I am somewhat comforted and assured about the progress being made in Yorkshire. Indeed, I have seen good progress being made in cricket overall, but I want to see a lot more. I reiterate that the decision is for the ECB, but I am sure that it will have heard my hon. Friend’s comments.

[Stephen Morgan (Portsmouth South) (Lab)]

8. What steps she is taking to close the digital divide between people (a) with and (b) without access to the internet.

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[Richard Graham (Gloucester) (Con)]

9. What progress her Department has made on implementing its plans to refurbish local tennis courts, announced on 2 October 2021.

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

We are fortunate in this country to have some of the world’s top tennis talent, including Emma Raducanu, Alfie Hewett and Gordon Reid, and I should take this opportunity to wish our athletes in Beijing the very best of luck—we have talent across so many sports. At the spending review, the Government announced £30.1 million to renovate park tennis courts in the UK, in partnership with the Lawn Tennis Association. Plans involved reviving over 4,500 courts, including those in poor or unplayable condition at more than 1,500 venues.

[Richard Graham]

I am grateful to the Minister. That superb mapping exercise across the country by the LTA to benefit, as he said, over 4,500 public courts could be of huge benefit to families, sport, health, local pride and community improvements. My question is a nice and simple one: when will the application forms be ready? Will my hon. Friend share with us some good news?

[Nigel Huddleston]

I thank my hon. Friend for his excitement about our work on tennis courts. He never misses an opportunity to ask that question—I cannot venture into the Tea Room without him doing so—but I appreciate his persistence. Delivery will commence in the next financial year, from April 2022, because I am aware, as he is, that this will make a really big difference to tennis in this country.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

May I ask the Minister to take this even more seriously? I know that the English team has not being doing well in some sports, but can we look seriously at the opportunities to get a much broader range of young people coming in to play tennis and, in particular, cricket? There seems to be a real difficulty for children in many schools to pursue cricket and tennis, and it seems that most of the people who end up rising to the top come from very privileged backgrounds.

[Nigel Huddleston]

The hon. Member raises some important points. We do punch above our weight in global sport and that is partly due to the success and investment from Sport England and, indeed, UK Sport. We will be refreshing the school sport and activity action plan and working closely with the Department for Education, focusing very much on engaging young children in a whole variety of sports, for the reasons that he expressed.

[Mr Speaker]

Such as rugby league.

Topical Questions

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[Mrs Sheryll Murray (South East Cornwall) (Con)]

Swimming is massively important not just for health reasons, but for safety in our island nation. Saltash swimming pool is an excellent facility. What more can the Government do to ensure the long-term future of such facilities?

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

I know that my hon. Friend is passionate about this issue, because we spoke about it when I visited her constituency last year. She is right that swimming is a vital life skill, as well as being very good for our physical and mental health. We have provided the sport sector with £1 billion of financial support through the pandemic, and launched the £100 million national leisure recovery fund precisely to try to ensure that swimming pools stay open. Further investment through Sport England and other bodies is forthcoming. I would be happy to facilitate further discussions between my hon. Friend and Sport England.

[Peter Grant (Glenrothes) (SNP)]

T2. The Minister will remember that the Government were strangely reluctant to implement a ban on the Chinese firm Huawei to prevent it from participating in the United Kingdom’s critical digital infrastructure because of the potential significant security risks. We now discover that the man who has just been appointed director of communications at No. 10 lobbied very hard against that ban. In the light of that information, will the Minister undertake to review the timeline for removing Huawei from our critical infrastructure, to ensure that Britain’s security cannot be compromised by the interests of the Prime Minister’s pals?

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[Marsha De Cordova (Battersea) (Lab)]

T4. Last year it was revealed that across the whole sporting sector, only 7.9% of board members were from a black, Asian or ethnic minority background. That is damning, given the contributions made by black men and women across sport. Representation matters; it brings different experiences and perspectives—and, most importantly, it leads to better decision making. It is Race Equality Week, and the theme this year is “Action, not just words”. Does the Minister agree that the time for action to increase representation at board level across the sporting sector is now? What action will he take to make that happen?

[Nigel Huddleston]

The hon. Lady makes very important points. As we discussed earlier, sport should be for all, on and off the pitch. We need to make sure that there are opportunities right across sport. I believe that progress is being made—diversity and inclusivity are at the top of the agenda for many sportspeople I talk to—but she is right that we need more action, not just warm words.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I welcome greater efforts by the Government to improve internet access, but I met the families federations of the Navy, Army and the RAF, and they are concerned about access to the internet across the military estate. May I invite the Department to do a study on internet access on bases for our armed forces, and to report back to Parliament?

Levelling up our Communities: Government Response to Danny Kruger MP’s Report

Nigel Huddleston Excerpts

Wednesday 2nd February 2022 Written Statements

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

I wish to inform the House that the Government have today published their response to the report by my hon. Friend the Member for Devizes (Danny Kruger) on levelling up our communities. This response is published alongside the levelling up White Paper, which sets out the Government’s wider approach to levelling up.

The pandemic has shown the significant power of charities, social enterprises, community groups and volunteers in supporting people in their local communities, complementing the delivery of public services, and demonstrating the values of generosity, public spirit and neighbourliness. My hon. Friend’s report contains recommendations to the Government on how to sustain the community response to covid-19, and how to enable civil society’s contributions to levelling up.

The Government would like to thank my hon. Friend for his dedicated work on this issue, and welcome his well-considered and detailed report. We would also like to thank the volunteers, charities, social enterprises and community groups involved in the consultation process.

Our response has been carefully considered and outlines the Government’s position against each of my hon. Friend’s 20 recommendations. Work is already underway to implement many of the report’s recommendations, including the launch of the faith new deal pilot fund and the volunteering futures fund.

The response includes the Government’s commitments to:

Strengthen engagement between faith groups, national and local government through the £1 million faith new deal pilot fund;

Reduce barriers to community organisation and volunteering, including through the £7 million volunteering futures fund;

Promote community ownership and strengthen local institutions through the £150 million community ownership fund;

Strengthen social value commissioning within the public sector as set out in the national procurement policy statement in June 2021; and

Testing the community covenants model to ensure that communities have a greater say in decisions important to their local area, including how local services are delivered.

A copy of the Government response to my hon. Friend’s report will be placed in the Libraries of both Houses.

[HCWS579]

Hadrian’s Wall: Newcastle’s West End

Nigel Huddleston Excerpts

Tuesday 1st February 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

It would be very easy, wouldn’t it? Thank you, Sir Gary. It is an honour to serve under your chairmanship again. My sincere thanks to the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) for introducing this important debate today, and to the hon. Members for Newcastle upon Tyne North (Catherine McKinnell) and for North Tyneside (Mary Glindon) for their contributions and their passion, which I very much appreciate.

I should say straight away—I will come back to this towards the end of my speech—I absolutely hear the asks of the hon. Member for Newcastle upon Tyne Central. I will answer some of them directly during this speech, but some sit with other Departments. I am sure she will appreciate that I cannot promise, today, to give answers on behalf of another Department, but I am more than happy to facilitate introductions and/or discussions, as appropriate, because it sounds as if there are a few things that need to be rearranged or sorted out.

As the Minister responsible for heritage, I am genuinely heartened to see the passion and vigour for our nation’s history that today’s debate has evoked. I welcome the aim of raising awareness, overall, about Hadrian’s Wall locally, nationally, and, indeed, internationally. I thank the hon. Members present for doing just that. It is a heritage landscape of truly global significance. It is recognised as a world heritage site and attracts visitors from around the world. It is also, rightly, a source of local pride for the hon. Members’ constituents. Of course, Hadrian’s Wall is one of the largest and most complex UK world heritage sites, extending over 150 miles from South Shields to the Cumbrian coast.

The benefits of Hadrian’s Wall directly impact about 1 million people who live in rural and urban communities along its length. The cultural and heritage interests that the wall brings extend far beyond the story of Rome’s greatest frontier—or final frontier, as I think the hon. Lady said—including the border and coastal landscapes of Hadrian’s Wall country, the raiders and, of course, Christian heritage.

The beauty of Hadrian’s Wall is that it provides a broad range of opportunities for local residents and visitors alike to deepen their understanding of that great heritage landscape. As the hon. Lady articulated, there are many educational benefits to the wall. It is often referred to in schools to teach children about Roman history and the Roman occupation of Britain as a key part of our heritage.

Of course, as the hon. Lady also mentioned, the wall is also significant for the visitor economy and tourism, which bring a significant amount of money into the area. I think she also mentioned things like walking tours, which again are really important; indeed, they are a growing part of our visitor economy.

I know the hon. Lady’s passion for all things related to the Department for Digital, Culture, Media and Sport. When I heard that she had secured a debate in Westminster Hall today, I just assumed that it would be on football. Nevertheless, she is truly passionate about all things DDCMS and I have heard her speak before about all these issues, strongly representing her part of the country.

The hon. Lady also mentioned the celebration of the wall’s 1,900th year this year. I am really pleased to see such a focus on these celebrations being embedded in the local communities, with a whole programme of events that will bring communities together and showcase the significance of this wonderful site. Many stakeholders, including Historic England, will provide significant funding.

The hon. Lady put a great emphasis, too, on accurate education and reporting, and on the value that the wall brings to her particular area. The west end of Newcastle in particular is crucial to this festival’s development this year. As she said, the area is one of the most culturally diverse parts of the wall today. Indeed, I have heard her before rightly raising the importance of such issues as the role of African soldiers who were garrisoned on the wall during Roman occupation. I think that was back in a Black History Month debate back in 2020. Today, she again told us about the importance of accurate history and ensuring that we teach history accurately.

Much of our most cherished heritage, including Hadrian’s Wall, lies on agricultural land, of course, and the majority of the wall is on privately owned land. Agricultural and environmental schemes represent the main source of funding for the conservation and maintenance of most parts of the wall. My Department and Historic England are working with DEFRA to ensure that heritage right along the wall is protected and promoted, through successor EU schemes known collectively as the environment land management schemes. Those schemes will improve many aspects of the local environment, including water quality, biodiversity, air quality, food management and climate change.

[Chi Onwurah]

I thank the Minister for giving way and for his remarks. He raised an issue that I was not aware of. There is some funding available through successor EU schemes for rural areas of the wall, but is there funding available for those parts of the wall in urban areas, such as the service station or the Indian restaurant that might happen to have a bit of the wall on their grounds, in the same way?

[Nigel Huddleston]

I thank the hon. Lady for those comments. I will come on to a couple of aspects of that issue in a moment, but there are multiple funds available, including the National Lottery Heritage Fund, and we are also working with Historic England on a variety of initiatives. I am sure that she and her colleagues have engaged with those organisations in the past. They have a variety of funds. Of course, any potential bidders must put in a bid and explain why they need support. However, I have found that Historic England teams and National Lottery Heritage Fund teams are always willing to work with hon. Members and other stakeholders, not only to identify funds, but to work with them to strengthen their bid in some cases, perhaps if an initial bid for funding does not work. I encourage her to look at that as well.

I will return to some of the specific and very important points that the hon. Lady made. She raised concerns about Hadrian’s Wall path not following the actual route of the wall, particularly in the west end of the city, but also in other areas.

I understand that this issue has been at least partially addressed, or that there has been an attempt to address it, through a walker’s guide to the alternative route, which allows potential walkers to see the beauty of the wall itself and encourages people to follow the route through the west end and towards Wallsend. The guide also provides an explanation and interpretation of what can be seen and appreciated along the walk.

I know that the hon. Lady is asking for a rerouting of the trail. As she acknowledged, overall responsibility for that lies with Natural England and the trail partners, sponsored by DEFRA. Anyone suggesting a realignment of the route must first make an evidence-based case to the National Trail Partnership and DEFRA. I know that she understands that, but I would be happy to talk to my colleagues at DEFRA, make sure that they are aware of the debate today, and ask them to revisit that issue, as she requests. As a DDCMS Minister or a Heritage Minister, I cannot make promises on behalf of another Department, but I understand the case that she is making and, as a point of principle, it is important that we educate and inform people about our history accurately, or as accurately as possible.

Funding from the Borderlands Inclusive Growth Deal is looking at better signage along Hadrian’s Wall—a point raised by hon. Members today. Although this work is in its early stages, the route of the wall through Tyneside and a potential link between the fort at Wallsend and Arbeia via the Tyne foot tunnel could be considered as part of the work as well as other potential rerouting. Again, I would be happy to raise that on behalf of colleagues.

The hon. Member for Newcastle upon Tyne Central has spoken eloquently, as always, and passionately about the significance of the wall. She has rightly highlighted its relevance as an archaeological and educational property and its continued importance as a living heritage attraction and a crown jewel of the region’s visitor economy. She is in good company in this regard and I thank her for securing today’s debate. I also thank colleagues who have contributed and raised the importance of our absolute national treasure, Hadrian’s Wall.

[Chi Onwurah]

I can tell that the Minister is coming to a conclusion. I am grateful for his words of support. I asked about collaboration with the Department for Education and the archaeological issue. I know he is not the Minister directly responsible for some of this, but will he promise to write to me to address those issues as well?

[Nigel Huddleston]

Yes. The hon. Lady has raised many issues about the importance of the wall. I would be happy to write to her with further information and detail. Archaeological and heritage support is a particular role for the National Lottery Heritage Fund and Historic England. On the educational aspect, my initial reaction is that she has raised valid points. Again, I cannot make promises on behalf of other Departments, but I am happy to write to them and raise those comments. I look forward to continuing the dialogue and visiting the wall again across all its length very shortly.

Question put and agreed to.

Dormant Assets Bill [Lords]

Nigel Huddleston Excerpts

Report stage
Monday 31st January 2022 Commons Chamber

[John Nicolson (Ochil and South Perthshire) (SNP)]

I know that the Westminster press corps has been waiting for something exciting to happen in Parliament today, so I am glad to be able to help to provide it. It is good to see the Secretary of State in her place fresh from her “Channel 4 News” interview triumph.

The SNP welcomes the Bill and the expansion of the dormant assets scheme. The extra £880 million available as a result is welcome. The scheme has already delivered £745 million for social and environmental initiatives. By expanding the list of assets that qualify for the scheme, up to £1.7 billion more could be available for use.

I draw the Minister’s attention to the remarks made about the Bill in the other place, although I am sure that he is aware of them. Peers wanted clarity on its potential costs and more detailed impact assessments for the expanded scheme. Baroness Barker specifically warned that these details were important, so the scheme does not become a

“piggyback fund for government when times are tough.”—[Official Report, House of Lords, 26 May 2021; Vol. 1039, c. 812.]

SNP Members welcome the Labour party amendment proposing an annual assessment of the health and governance of authorised reclaimed funds; this will, I think, help to assuage Baroness Barker’s concerns. Also, as a principle, the more scrutiny is given to this legislation, the better it will function.

It is good, of course, to see that the Bill makes some changes to distribution in England. Now the Secretary of State will have more freedom to spread assets through secondary legislation. That allows England to catch up with Scotland, which already has such an ability. As Lord Triesman highlighted in the other place, it was the example set by the devolved nations, whose innovative thinking in how they spend the funds allotted to them, that provided the impetus for the expansion of the scheme that the Bill presents. What the pandemic has shown is that the needs of the population can change dramatically and suddenly. Flexibility in secondary legislation is a useful tool to deal with that, and we must continue to ensure that there is adequate scrutiny.

We welcome the requirement for the Secretary of State to launch a public consultation and to consult the national lottery. The Community Fund must always be consulted before replacing or changing an order. However, it may be desirable to expand this consultation beyond the national lottery Community Fund and to include devolved Ministers responsible for spending in their nations, and representatives of the voluntary and social enterprise sectors.

It is reassuring to see that the expanded scheme will focus on reuniting owners with their dormant assets. With the expanded range of qualifying products, it is estimated that £3.7 billion-worth of products are lying dormant. For all the good that the schemes do for various charities, it is of the utmost importance that people are reunited with their assets. With the elderly and the vulnerable, especially those without digital skills, among those most likely to lose access or connection to their accounts in an increasingly digitised world, reunification efforts are more important than ever. That is why the SNP welcomes the enhanced tracing and verification measures, which could lead to £2 billion being returned to members of the public.

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

I thank all right hon. and hon. Members for their contribution to the debate and for the constructive way in which everyone has engaged with the Bill throughout its passage. I thank in particular those who have spoken this evening. My hon. Friend the Member for Devizes (Danny Kruger) has made his points about community wealth funds frequently and passionately, as have the hon. Member for Sedgefield (Paul Howell) and the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), whom I will acknowledge again later. I can confirm for the hon. Member for Strangford (Jim Shannon) that the expansion will cover Northern Ireland. My hon. Friend the Member for East Surrey (Claire Coutinho) again spoke passionately about the impact that dormant assets funding will have on local communities. We should never forget that.

The hon. Member for Ochil and South Perthshire (John Nicolson) mentioned the principle of additionality, as did my opposite numbers on the Labour Front Bench, the hon. Members for Pontypridd (Alex Davies-Jones) and for Manchester, Withington (Jeff Smith). That principle underlies the Bill absolutely and completely. Regarding expansion, the Secretary of State is to conduct periodic reviews—within three years and then again in five years. The hon. Member for Ochil and South Perthshire mentioned that Scotland currently operates on a different basis, and that is one of the reasons why we have sought to expand where dormant assets money can be used.

I particularly thank my opposite numbers on the Labour Front Bench for their constructive contributions. Throughout, we have agreed on the principles. It is nice and good to see a Bill through its various stages with such a degree of consensus. Although we sometimes disagree on elements of detail, on the Bill’s overwhelming purpose and underlying principles there is complete agreement, and I appreciate the constructive way they have engaged with me.

However, I am afraid we do not believe that new clause 1—a proposal we debated in Committee—is necessary, largely on the basis that there is considerable oversight already, as I have explained before. Although the new clause refers to “authorised reclaim funds”, in practice it refers specifically to Reclaim Fund Ltd, as it is currently the only authorised reclaim fund in the United Kingdom. RFL publishes its audited annual reports and accounts on its website annually. In 2019 the Office for National Statistics classified RFL to the central Government subsector, and in April 2021 it therefore became a Treasury-owned arm’s length body.

Cultural Objects (Protection from Seizure) Bill

Nigel Huddleston Excerpts

Report stage
Friday 28th January 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

Many thanks to my right hon. Friend the Member for Central Devon (Mel Stride) for introducing the Bill and for speaking so eloquently about it today. Indeed, I thank all those who have contributed to today’s debate.

The Bill will provide an important improvement to an already worthy tool, which is used by many of our fantastic cultural institutions across England and Scotland. The useful recap that my right hon. Friend provided, setting out the history of how immunity from seizure legislation was first arrived at in the UK, was very important. It emphasised the confidence that such measures have built, and the willingness and trust that our international partners now have when they lend their objects for temporary exhibitions in our approved museums and galleries.

Many international lenders require immunity from seizure protection when they loan cultural objects to other countries as a matter of course, and it is often an uncompromisable condition of their loan that the object is protected in that way during its stay. If that condition were not met, we would risk not having those very objects that we want to come here. The protection provides a legal assurance that a lender’s objects will be protected from court-ordered seizure for a limited period while in the UK. Many countries have their own similar version of immunity from seizure, for the same reasons, enabling us to lend abroad.

The process that sits behind immunity from seizure protection is necessarily robust. To use the protection, museums and galleries must go through a rigorous application process to attain approved status. That involves demonstrating that they are an ethical organisation, that they follow proper due diligence processes for examining the history of loans in, and that they will not borrow items if there is any suspicion that they were stolen, looted or illegally obtained. For the protection to apply to objects they are borrowing, approved institutions must also publish detailed information about such objects at least four weeks before the objects enter the UK. That diligent work is all part of the high standard of professional practice that our museums carry out as part of their loan procedures. It is fantastic that 38 museums and counting have achieved immunity from seizure approved status. That is a testament to their excellent track records and their continued commitment to upholding the highest standards of due diligence.

Many Members highlighted the very important fact that this is not a London issue. Many museums that provide the service are outside London, including Manchester Art Gallery, the National Museums of Scotland, Wolverhampton’s museums and museums in Liverpool, Norfolk and elsewhere around the country. Therefore, the important points made by my hon. Friends the Members for Hertford and Stortford (Julie Marson), for Vale of Clwyd (Dr Davies) and others about this not being a London issue are very well taken and noted. My hon. Friend the Member for East Surrey (Claire Coutinho) highlighted that fact by giving specific examples of where the protection has already meant we have had loans from incredible institutions around the world, with many more coming this year.

Many Members also mentioned, rather interestingly, the issue with the Icelandic volcano. I did note, however—maybe you can help, Mr Deputy Speaker—that none of us were actually brave enough to name the volcano.

[Chris Clarkson]

May I just check? Is the Minister referring to Eyjafjallajökull?

[Nigel Huddleston]

There’s always somebody, isn’t there, Mr Deputy Speaker? [Laughter.] I was just about to say that, but there is no point anymore.

Several Members, including my hon. Friends the Members for Stourbridge (Suzanne Webb) and for South Cambridgeshire (Anthony Browne) and others, mentioned their memories, decades later, of visiting the Tutankhamun exhibition or even just watching the news coverage of some incredible exhibitions. That shows the importance and embeddedness of these events and the impact they can have on us, in particular when very young.

The 12-month limit of protection was an issue raised specifically by approved museums and galleries during the more restricted periods we all faced during the pandemic. What would happen to loans approaching 12 months if coronavirus measures and global travel delays meant the borrower could not return them in time, despite all their efforts to comply with regulations and to satisfy the owner’s conditions of the loan? The issue is most relevant to our approved museums and galleries in England and Scotland, as the current users of immunity from seizure protection. As the world begins to feel a little more certain again, I am sure that the recent experiences have taught us to expect the unexpected. As we continue to support the sector’s recovery, it is important that we consider measures such as this. An option to extend the length of time that objects can be covered by immunity from seizure is a sensible contingency to have, especially in uncertain times.

The proposal for such extensions to be considered on a case-by-case basis where needs arise is welcomed, as it will allow for some flexibility. Assessing scenarios in that way will also help to ensure that the extensions are used only where absolutely necessary, and that in the majority of cases objects on loan to approved museums in England or Scotland are returned in a timely manner and within the standard 12 months.

Several Members, including my hon. Friend the Member for Loughborough (Jane Hunt), raised questions about guidance and when that would be implemented. Policy guidance for museums on how they should apply for extensions and in what circumstances is in development at an official level and will be a collaborative effort with officials in the Scottish Government to ensure they provide succinct practical steps for approved museums to follow in the event that they cannot return objects in time. It will set out broad examples of acceptable circumstances where an extension protection may be justified, for example where long-term national or international travel disruption is expected to last beyond the expiration of the 12-month loan period.

As I have said, it is regrettable that the Bill will not have effect in Northern Ireland and Wales. There are currently no museums in Wales and Northern Ireland approved under the 2007 Act, but the Bill does not change their ability to apply for approved status in the future, and of course any objects loaned by approved museums in Northern Ireland and Wales will be covered by the standard 12-month period available to all approved museums.

The Government are content that the drafting of the Bill offers the best protection to cultural objects. I am pleased, therefore, to confirm once again that the Government welcome and support this private Member’s Bill, and I thank my right hon. Friend the Member for Central Devon for introducing it.

Women’s Football

Nigel Huddleston Excerpts

Wednesday 26th January 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

It is a pleasure to serve under your chairmanship, Mr Twigg, for the second time this week. I thank the hon. Member for Sunderland Central (Julie Elliott) for securing this debate, and everyone who has participated so eloquently and knowledgably. I wish a happy birthday to my opposite number, the hon. Member for Manchester, Withington (Jeff Smith).

The debate is particularly timely, given that we are counting down to 6 July, when England will kick off their first match in the women’s Euros against Austria at Old Trafford. As many hon. Members mentioned, women’s football has made significant progress recently. I was fortunate to be at Wembley last December for the Vitality women’s FA cup final between Chelsea and Arsenal. It was a brilliant match, and it marked the 50th anniversary of the first women’s FA cup final—interestingly, it was only the 50th, for the reasons the hon. Member for Sunderland Central outlined. It achieved, my notes say, a record crowd of 40,000 people, but that is corrected by the hon. Member for Islwyn (Chris Evans), who mentioned there being a 53,000-person crowd in the past, so we still have a way to go. In addition, a record audience of 28.1 million viewers watched the BBC coverage of the 2019 FIFA women’s world cup on television and online. I praise the work done by the BBC and many of the public service broadcasters in their broadcasting.

We have seen other kinds of progress. There have been bespoke women’s sports deals, such as the Barclays’ sponsorship of the FA women’s super league, which the hon. Member for Sunderland Central mentioned. We need that sponsorship; it is really important that this money flows into the game. England’s men and women senior players are now being the paid the same match fee for representing their country, but there is still huge progress to be made in equality of players’ pay, as many hon. Members pointed out. I praise teams such as Lewes for the progress and leadership they have shown.

Despite the positive signs and progress, we cannot be complacent. Since becoming the Minister for sport, I have made it a personal priority to champion women’s sport, including women’s football, at every opportunity. That is why last year I established a working group to explore the challenges and opportunities in women’s sport. The group included Women in Football and the FA, and it discusses challenges, opportunities and how best to overcome obstacles. The work of that group has already shaped thinking in the Department considerably.

I think I can make a few people happy today by announcing that I have written to sports’ governing bodies and broadcasters outlining that the Secretary of State and I are minded to add the women’s World cup and the women’s Euros to the listed events regime. We will have a short re-consultation, which will end on 16 February. This is a huge opportunity for women’s football; it can bring those tournaments to an even larger audience. We are working on several other areas, including the refresh of sport.

Many hon. Members mentioned misogyny and the hatred spread online. I am looking closely at how the online harms Bill might tackle the persistent and utterly unacceptable misogyny that continues to blight women’s sport.

As many hon. Members have mentioned, there has been considerable growth of the sport at grassroots level. The FA published its “Gameplan for Growth” and highlighted that women’s and girls’ participation has doubled over the last few years. There are 12,000 registered teams, and there are 2.4 million women and 1 million girls under the age of 16 playing football.

Many hon. Members mentioned the importance of access to facilities, and I completely agree with them on that. That is precisely why we are investing hundreds of millions of pounds in pitches and multi-sport pitches, and why I am working with the Department for Education on how we can make further progress on schools’ access to sports.

Despite the momentum in recent years, women’s sport, including football, has been heavily impacted by the pandemic; there is the slow return of spectators, a lack of media coverage in some cases, and a loss of sponsorship deals—deals that women’s sport has historically found it difficult to attract. As several hon. Members mentioned, we saw that most recently in the near liquidation of Coventry United ladies football club.

I turn to the fan-led review. My hon. Friend the Member for Chatham and Aylesford (Tracey Crouch)—like the hon. Member for Sunderland Central, and indeed everybody here—is a passionate advocate of women’s and girls’ football. The review, which published its final recommendations in November, not only considered the issues affecting the men’s game in this country, but examined the complex future of women’s football, which has a growing number of participants and fans. As my hon. Friend the Member for Chatham and Aylesford set out, fans and advocates of women’s and girls’ football gave evidence to the review, and starkly set out the fact that the women’s game is at a crucial point. Many who gave evidence spoke passionately about the need for women’s football to be properly financed; that should include a consideration of sponsorship and many other areas.

As many hon. Members have acknowledged, the review concluded:

“Women’s football should be treated with parity and given its own dedicated review.”

I am afraid that I cannot promise to give the Government’s response today, but I can tell hon. Members that we are working on it every day; many people are working on it. I will ensure that I give a full response in the spring. There is no dragging of feet here. I thank the many people who have done work on this, and particularly my hon. Friend the Member for Chatham and Aylesford. It is because that work was so comprehensive that we want to do it justice and give it a comprehensive response. My hon. Friend mentioned the letter that she and others wrote to me. I will reply to her letter regarding the designation of women’s football matches under the Football (Offences) (Designation of Football Matches) Order 2004.

It is worth pointing out that football banning orders are a Home Office policy, although we at the Department for Digital, Culture, Media and Sport do work very closely with the Home Office on that. I can confirm, however, that the football banning order legislation covers both women’s and men’s designated matches where there is a high risk of disorder. However, there may well need to be consideration of whether the scope of the order needs to be widened. I will happily raise that with my Home Office colleagues. Members mentioned several other requests.

[Tracey Crouch]

The Minister will be aware that the Home Office has tabled an amendment to the Police, Crime, Sentencing and Courts Bill, which is in the House of Lords, to extend the scope of football banning orders in order to tackle online racist abuse. Is this not an opportunity to ensure that football-related matters are covered?

[Nigel Huddleston]

I will happily raise that with the Home Office, though I cannot make promises about legislation on behalf of another Department.

I hope I leave hon. Members in no doubt that I am personally committed to continuing to help women’s sport, including football, to come out of the pandemic stronger than ever. I will continue to work with the sector, and with all stakeholders across the House, to make that happen.

Charities Bill [ Lords ] (First sitting)

Nigel Huddleston Excerpts

Committee stage
Tuesday 25th January 2022 Public Bill Committees

[The Chair]

We will now begin line-by-line consideration of the Bill. The selection and grouping list shows the order of debate. We have grouped some clause stand part debates together to avoid repetition. Only one amendment has been tabled; the decision on that will be taken when we come to the clause that the amendment affects.

Clause 1

Alteration of Charitable Company’s Purposes

Question proposed, That the clause stand part of the Bill.

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

It is a pleasure to serve under your chairmanship, Mr Twigg, I believe for the first time. I want first to briefly acknowledge the task before us. These Committee sittings will enable line-by-line scrutiny of the Bill, which has been drafted to improve charity law and to pass time and cost savings on to the charity sector. I am pleased that we have reached this stage in the Bill’s passage, and I am grateful for the support the Bill has received and the scrutiny it has been subjected to thus far.

Clause 1 changes the definition of a “regulated alteration”, meaning that only alterations to the substance of a charity’s purposes will require Charity Commission approval. There will no longer be a requirement to obtain Charity Commission consent to simply change the wording of a charity’s purposes where the overall meaning remains unchanged. This change creates consistency in the processes for amending a charity’s governing document across the different legal forms that charities can take.

[Jeff Smith (Manchester, Withington) (Lab)]

It is a pleasure to see you in the Chair, Mr Twigg. I thank the Minister for his introduction.

The Opposition agree with the measures in clause 1. They will reduce bureaucracy and allow charities to focus on the work that they do, which is the essence of the Bill. Charities do great work for society and our communities. We owe it to them to provide a legal framework that is clear and manageable—especially for the large number of small charities with limited staff and resources—but with sufficient safeguards for charities and for the system. We also owe charities an efficient framework that allows them to concentrate not on bureaucratic technicalities but on doing their work, and the clause is an example of the proposed changes in the Bill that will allow them to do that.

I am going to make the same point that I made the last time the Minister and I were in Committee together, on the Dormant Assets Bill. There is a temptation for Opposition spokespeople to get up every time a clause is moved, essentially repeat the Minister’s remarks in brief and then say, “We agree,” but I will avoid that temptation. We agree with the Bill. It is well put together, we appreciate the safeguards in it, and we agree with the measures in it. The Bill is not controversial, so I will not respond to every clause; I will do so just in the few areas where we have particular points to make. Generally speaking, the Opposition are content with all the clauses.

The Bill is highly technical. It is the result of extensive consultation and discussion. I join the Minister in thanking the House of Lords for its scrutiny of the Bill and for looking thoroughly into the proposals. It is clear to me, having read the Hansard reports of all the Bill’s stages, that the Lords looked carefully at the detail in the Bill and explored some of the Law Commission recommendations that were not included in it. I referred to that on Second Reading, particularly with respect to clause 40—I know that the Minister has written to my hon. Friend the Member for York Central about that—and clause 43. Since that debate was had in the Lords, I do not intend to repeat it today.

I thank the Law Commission for its thorough work in bringing forward the proposals in the Bill. It is supported throughout the sector. I thank the charities sector for its engagement and advice. The Opposition have not tabled any amendments. It is customary for very few substantive amendments to be proposed to Law Commission Bills, so we have not tabled any. We did not feel strongly enough about any proposals that were included or missed out to necessitate an amendment.

Having made those introductory remarks, let me say that I agree with clause 1 and I hope that we will speed through the rest of the Bill.

[Nigel Huddleston]

I thank the hon. Gentleman for the tone that he has adopted throughout. He is absolutely right; my modus operandi in politics is, “If things aren’t party political, don’t make them so,” and that is very much the case with charities. I thank both Opposition Members and Government Members for all their work. There is a great deal of expertise here, and the Bill gets to us in a good place because of the level of scrutiny that has taken place. I am more than willing to take questions now or as the Bill progresses. I also commit to moving at speed, but respectfully, through the Bill. I appreciate the hon. Gentleman’s comments. I have broken his rule by standing up to say, “I agree”—I will try not to do that.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Amendments to constitution of CIOs

Question proposed, That the clause stand part of the Bill.

[Nigel Huddleston]

Clause 2 aligns the process for charitable incorporated organisations—CIOs—to amend their governing documents with the process in place for charitable companies. Specifically, CIOs will have greater control over the date that an amendment comes into force, offering them the ability to make changes at a time to suit their organisational objectives. The clause also sets out the considerations that the Charity Commission must make when deciding whether to consent to any alteration to a CIO’s purposes.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clause 3

Powers of unincorporated charities

Question proposed, That the clause stand part of the Bill.

[Nigel Huddleston]

Clause 3 introduces a new power in section 280A of the Charities Act 2011, which replaces sections 267 to 280 of the 2011 Act, creating a simpler and more consistent process for unincorporated charities to amend any provision in their governing documents. Charity Commission consent is still required for certain amendments. Important safeguards, such as Charity Commission consent for regulated alterations—changes to a charity’s purposes, for example—remain in place to ensure that any amendments are in the best interests of the charity and its beneficiaries. Trustees can appeal to the charity tribunal against a Charity Commission decision to withhold consent for such an amendment.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clause 4

Power to amend Royal charter

Question proposed, That the clause stand part of the Bill.

[Nigel Huddleston]

Clause 4 allows charities established or regulated by royal charter to amend their governing documents more easily, by providing them with a new power to amend any provision in their charter where there is no express power to do so in the charter. Any amendments will be subject to approval by Her Majesty by Order in Council.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5

Orders under section 73 of the Charities Act 2011: parliamentary procedure

Question proposed, That the clause stand part of the Bill.

[Nigel Huddleston]

Clause 5 repeals part of section 73 of the Charities Act 2011, so that when a charity amends its governing document using a section 73 scheme, which is given effect by secondary legislation, that secondary legislation will be subject to the negative parliamentary procedure by default. That is instead of distinguishing between section 73 schemes under private Acts, which follow the negative procedure, and schemes under public general Acts, which currently follow the affirmative procedure.

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Clause 6

Cy-près powers

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clauses 7 and 8 stand part.

[Nigel Huddleston]

On failed fundraising appeals and so-called cy-près schemes, clauses 6 and 7 expand the circumstances in which funds from a failed fundraising appeal can be applied to other purposes. The current law requires charities to contact donors to offer to return their donation if a fundraising appeal does not achieve its target. The Bill allows charities to use funds for a different but similar purpose if the funds cannot be used for the original purpose. Any use of funds over £1,000 would need approval from the Charity Commission. This change protects donors’ wishes while reducing administrative burdens on charities.

Clause 8 confirms that any power to make schemes in respect of a charitable trust extends to charitable companies, charitable incorporated organisations or any other charity, thereby creating more consistency among different legal forms of charity. This excludes charities subject to special scheme-making procedures, such as those governed by royal charter or statute.

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

Clauses 7 and 8 ordered to stand part of the Bill.

Clause 9

Definition of “permanent endowment”

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clauses 10 to 13 stand part.

--- Later in debate ---

[Nigel Huddleston]

Clauses 9 to 13 set out a clearer definition of “permanent endowment”, removing ambiguity and providing a definition that is more in line with the sector’s understanding of the term. The Bill confirms that the existing power to release permanent endowment under the Charities Act 2011 is available to all charities, making it available without Charity Commission consent in respect of funds up to a value of £25,000—that is up from the existing £10,000 limit—and with Charity Commission consent for funds above that value.

The Bill provides a new power for trustees to borrow from their permanent endowment, creating the ability to use permanent endowments for loss-making social investments. These changes provide trustees with more options to make the best use of their assets. There are, of course, appropriate safeguards in place, such as thresholds for the amount of permanent endowment that can be borrowed, and a maximum time period within which the funds must be paid back.

Question put and agreed to.

Clause 9 accordingly ordered to stand part of the Bill.

Clauses 10 to 13 ordered to stand part of the Bill.

Clause 14

Special trusts

Question proposed, That the clause stand part of the Bill.

[Nigel Huddleston]

Clause 14 repeals part 14 of the Charities Act 2011, which deals with special trusts, because most of it is now redundant. The content of section 287 of the 2011 Act, which sets out the definition of special trusts, is retained but transferred to section 353 of that Act.

Question put and agreed to.

Clause 14 accordingly ordered to stand part of the Bill.

Clause 15

Small ex gratia payments

[The Chair]

With this it will be convenient to discuss clause 16 stand part.

[Nigel Huddleston]

Clauses 15 and 16 allow charities to make relatively small payments where there is a moral obligation to make a payment but no legal power to do so. This can be done without seeking Charity Commission approval if the payment falls below the threshold set out in the Bill, which is dependent on the size of the charity. The requirement for prior authorisation from the Charity Commission, the Attorney General or, in some cases, the court to make these small payments can be burdensome, and the cost disproportionate to the size of the payments.

The clauses also rephrase the test that charities must use in deciding whether to authorise ex gratia payments. That will allow charities to delegate decisions about ex gratia payments to their staff if they wish to do so.

Question put and agreed to.

Clause 15 accordingly ordered to stand part of the Bill.

Clause 16 ordered to stand part of the Bill.

Clause 17

Scope of Part 7 of the Charities Act 2011

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clauses 18 to 20 stand part.

[Nigel Huddleston]

These clauses address some unnecessary administrative burdens, clarifying and simplifying the law around the buying and selling of charity land, and removing ineffective and burdensome statutory requirements.

Clause 17 clarifies which land held for or on behalf of a charity is affected by the requirements in part 7 of the Charities Act 2011. Clause 18 makes changes to the exceptions to those requirements. It also removes redundant provisions as a consequence of the repeal of provisions in the Universities and College Estates Act 1925.

Clause 19 removes the automatic requirement for charities to advertise the disposal of land as advised in a surveyor’s report. It instead allows trustees the freedom to consider a surveyor’s advice and decide the best choice for their charity.

Clause 20 lays the groundwork for secondary legislation to expand the range of advisers a charity can call upon when seeking advice on land disposals. The current restrictions on who can advise charities in land transactions place on charities unnecessary cost burdens that can be disproportionate to the value and complexity of the land disposal. Clause 20 anticipates future changes to expand the list of advisers, allowing charities to seek a more tailored approach to disposals of land, as trustees will have more flexibility to choose the most appropriate adviser for their transaction.

[Jeff Smith]

The Opposition agree with the clauses, which are sensible measures with sufficient safeguards that should produce a clearer and easier legal framework for buying, selling, leasing and mortgaging charity land.

We note that the Government decided to reject the recommendation to remove the statutory requirement to give public notice of land disposals. We are not against that decision, but I wonder whether there is scope for keeping that under review, and whether we might move from a less all-encompassing system, with a blanket rule for all disposals, to something more risk based. We do not propose that that should be part of the Bill, but I ask the Minister to keep that under review for future legislation.

[Nigel Huddleston]

I thank the hon. Gentleman for his comments. As we have seen in this tidying up of legislation and rules relating to charities, there is a need for constant and periodic review. We will of course take into account the views of the Law Commission and the Charity Commission, as well as the Opposition’s comments. If further tidying up is required in future legislation, we are always open to it.

Question put and agreed to.

Clause 17 accordingly ordered to stand part of the Bill.

Clauses 18 to 20 ordered to stand part of the Bill.

Clause 21

Advice etc from charity trustees, officers and employees

Question proposed, That the clause stand part of the Bill.

[Nigel Huddleston]

Clause 21 provides clarity on whether an individual associated with a charity—an employee, officer or trustee, for example—can act as the designated adviser in land disputes. There is no reason why charities should not have access to any relevant in-house expertise that is available to them.

Question put and agreed to.

Clause 21 accordingly ordered to stand part of the Bill.

Clause 22

Residential tenancies granted to employees

Question proposed, That the clause stand part of the Bill.

[Nigel Huddleston]

Clause 22 allows charities to grant short-term residential tenancies to employees without Charity Commission consent by changing the definition of a “connected person” in section 118 of the Charities Act 2011. This change will make it easier for charities to use their assets to run their organisations more efficiently—to facilitate an employee’s work by allowing them to stay on site in the short term, for example—without having to seek permission from the Charity Commission.

Question put and agreed to.

Clause 22 accordingly ordered to stand part of the Bill.

Clause 23

Information to be included in certain instruments

Question proposed, That the clause stand part of the Bill.

[Nigel Huddleston]

Clause 23 protects buyers of charity land by resolving gaps in the wording of contracts concerning charity land transactions. This minor and technical change is necessary to save time and costs for purchasers, who currently have to check that statutory requirements have been complied with. That can deter buyers and increase costs for the charities that are selling the land.

Question put and agreed to.

Clause 23 accordingly ordered to stand part of the Bill.

Clause 24

Amendments of the Universities and College Estates Act 1925

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss that schedule 1 be the First schedule to the Bill.

[Nigel Huddleston]

Clause 24 and the associated schedule 1 simplify the Universities and College Estates Act 1925, and remove layers of administration for charities that fall under that Act. These minor technical changes clear up bureaucracy in land transactions for those charities.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

I refer the Committee to my entry in the Register of Members’ Financial interests in relation to universities and charities. I rise to say that, generally, these technical amendments are positive and reduce burdens on universities. However, I do think that there is a wider philosophical discussion to be had—probably not for this Bill, but more broadly—about the role of universities in disposing of land that they might not have acquired themselves but were given. Often that land is given at public expense, and includes heritage assets. Universities should not see those assets as pure money transactions but as heritage transactions. They have a wider duty to the public to look after and maintain those assets, and ensure that they are disposed of in a way that continues that maintenance.

I support the reduction of bureaucracy for universities and charities, but it is important to put on the record that universities should consider not just the business importance of their estate, but its wider social importance.

[Nigel Huddleston]

As the hon. Gentleman would expect, in my role as the Minister for Heritage, I agree with the principles that he set out. I do not believe that that is strictly the purpose of the Bill, which is very much about procedure, but he has put his comments on the record. I think most hon. Members would agree with the intent and thrust of what he said about universities’ responsibility to look after their heritage assets.

Question put and agreed to.

Clause 24 accordingly ordered to stand part of the Bill.

Schedule 1 agreed to.

Clause 25

Working names etc

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clauses 26 to 28 stand part.

[Nigel Huddleston]

Part 3 of the Bill includes clauses 25 to 28, which relate to the Charity Commission’s power to direct a charity to change its name. The adoption by a charity of a name that is similar to another charity’s name, or that is offensive, can lead to the public being misled, donations being made to the wrong charity and reputational damage for individual charities and, indeed, the entire sector.

Clause 25 extends the Charity Commission’s existing power to direct a charity to change its name to cover working names. Working names are names that charities are known by, but which are different from their registered name. Comic Relief, for example, is a working name of a charity called Charity Projects. The change closes a loophole that would allow charities to continue to operate with an inappropriate working name. The definition of “working names” has been considered in great detail and clarifications have been added to the explanatory notes in response to questions and comments from the Charity Law Association.

Clauses 26 and 27 allow the Charity Commission to delay registering a charity on the basis of an inappropriate name. They also allow the Charity Commission to delay changing a charity’s name on the register in order to give enough time to address the issue properly. This is subject to a maximum delay period. Clause 28 ensures that the Charity Commission can also direct an exempt charity to change its name, as it can for charities that are not exempt. The Charity Commission would be required by the Charities Act 2011 to first consult with an exempt charity’s principal regulator before making such a direction.

This group of changes provides the Charity Commission with clear and effective powers in the rare cases where a charity adopts an inappropriate name. I commend the clauses to the Committee.

[Jeff Smith]

My hon. Friend the Member for Brighton, Kemptown jogs my memory in relation to the register of interests. I did declare in our Second Reading Committee that I am a trustee of the charity Drug Science. I perhaps ought to put that on the record in Committee as well.

The Opposition support the measures in clauses 25 to 28. They are sensible safeguards that will not only make life less bureaucratic for charities, but will actually have a role in protecting the public from being misled. They are important parts of the Bill. However, there was some concern from charity lawyers that, because the working name proposals were not part of the original report, they may not have been given as much consideration as other parts of the Bill—in terms of unintended consequences and so on. The Opposition support the measures in the clauses, but we would ask for some kind of post-legislative review to make sure that they are working correctly.

[Lloyd Russell-Moyle]

I rise generally to support clause 25, but I wish to put on record a note of caution about historic charities that might have competing or similar names. The Charity Commission must act with caution in those cases. My background is in youth organisations, of which there are a number that take the name “Scouts”. They might not be part of the official UK scouting group we know or be affiliated to the international World Organisation of the Scout Movement, but they are Scouts in the sense of the Baden-Powell scouting groups. The same goes for the Woodcraft Folk and others.

It is important that the Charity Commission does not act in a heavy-handed manner, but ensures that it is responsive and light-touch only when there is deliberate confusion taking place, not when a bigger organisation might just not like what a smaller organisation is doing, even though they have both been active for many years. I think it is important that the Charity Commission hear that. I am sure the Minister with his other hat on would agree with that as well.

[Nigel Huddleston]

In answer to the first question, the hon. Member for Manchester, Withington is right that clause 25 is not based on a formal proposal in the Law Commission’s consultation. Instead, the recommendation arose from the consultation and was then discussed with the Charity Law Association. That was the genesis of this proposal, and it is not an unusual occurrence in Law Commission projects and reports for that to happen.

With regard to the criteria, as the hon. Member for Brighton, Kemptown mentioned, the message of reasonableness and being sensible is key. The Charity Commission does have operational guidance, which caseworkers use to determine whether they consider a name to be offensive. The Commission has to date not needed to issue a direction that a charity had to change its name because it was considered offensive. We do not consider that the proposed changes will change the frequency or likelihood of a controversy where a charity’s name is found to be offensive, but I am sure that the hon. Gentleman’s comments, which seem eminently sensible, have been noted.

Question put and agreed to.

Clause 25 accordingly ordered to stand part of the Bill.

Clauses 26 to 28 ordered to stand part of the Bill.

Clause 29

Powers relating to appointments of trustees

Question proposed, That the clause stand part of the Bill.

[Nigel Huddleston]

Clause 29 allows the Charity Commission to confirm that the election of a trustee that may previously have been considered defective or uncertain should be treated as if a valid election had taken place. It will create consistency with the commission’s powers to determine a charity’s members and provide certainty going forward.

Question put and agreed to.

Clause 29 accordingly ordered to stand part of the Bill.

Clause 30

Remuneration of charity trustees etc providing goods or services to charity

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clause 31 stand part.

[Nigel Huddleston]

Clause 30 addresses an anomaly in the current law under which trustees can be paid for services provided to their charity for both goods and services but not for goods alone. Allowing the remuneration of trustees for the provision of goods gives charities the opportunity to use their in-house contacts and to potentially source goods at better than market rates, saving valuable funds.

Clause 31 gives the Charity Commission powers to order a charity to pay a trustee for work they have completed for the charity where it would be unjust not to pay the trustee for that work. Such payments are rare and currently require authorisation by the court: although they will continue to be rare, the clause means the commission can provide authorisation, which will avoid the time and expense of going to court.

Question put and agreed to.

Clause 30 accordingly ordered to stand part of the Bill.

Clause 31 ordered to stand part of the Bill.

Clause 32

Trustee of charitable trust: status as trust corporation

Question proposed, That the clause stand part of the Bill.

[Nigel Huddleston]

Clause 32 represents a minor technical change that automatically confers trust corporation status on any trustee of a charitable trust that is a body corporate. It will be particularly useful in a variety of scenarios, including incorporations and mergers. It will save charities time and expense, as the current routes to obtaining trust corporation status are time-consuming and cumbersome.

Question put and agreed to.

Clause 32 accordingly ordered to stand part of the Bill.

Clause 33

Gifts to merged charity

Question proposed, That the clause stand part of the Bill.

[Nigel Huddleston]

Clause 33 enables gifts to a charity that has since merged to go to the new merged charity. It will mean that charities no longer have to maintain a shell charity on the register simply to collect gifts for a charity that has ceased to operate. It will save them and the Charity Commission an administrative burden.

Question put and agreed to.

Clause 33 accordingly ordered to stand part of the Bill.

Clause 34

Vesting declarations: exclusions

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clause 35 stand part.

[Nigel Huddleston]

Clause 34 changes the types of property that are excluded from transfer during a merger. It is a technical change that clarifies charity law on mergers and removes redundant and outdated sections, including pre-1925 language on mortgages.

Clause 35 is a minor change to ensure the language in section 306 of the Charities Act 2011 is consistent with the new definition of “permanent endowment” brought in by clause 9 of the Bill. These technical changes remove administrative barriers, meaning a simpler and more cost-effective process for charities seeking to merge.

Question put and agreed to.

Clause 34 accordingly ordered to stand part of the Bill.

Clause 35 ordered to stand part of the Bill.

Clause 36

Costs incurred in relation to Tribunal proceedings etc

Question proposed, That the clause stand part of the Bill.

[Nigel Huddleston]

Clause 36 allows the charity tribunal to make authorised costs orders to protect trustees from individually carrying the costs of charity proceedings. An authorised costs order will confirm in advance that the cost of proceedings can properly come from a charity’s funds, preventing trustees from being discouraged from raising genuine grievances.

Question put and agreed to.

Clause 36 accordingly ordered to stand part of the Bill.

Clause 37

Public notice as regards Commission orders etc

Question proposed, That the clause stand part of the Bill.

[Nigel Huddleston]

Clause 37 extends the Charity Commission’s discretionary power to give public notice, or require a charity to give public notice, for an order under the Charities Act 2011. This power will now extend to instances where the Charity Commission is required to give consent, for example, if a charity wishes to change the purposes in its governing document.

Question put and agreed to.

Clause 37 accordingly ordered to stand part of the Bill.

Clause 38

“Connected person”: illegitimate children

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clause 39 stand part.

[Nigel Huddleston]

Clauses 38 and 39 remove language that is outdated from the definition of a connected person. They also allow for secondary legislation to change this definition in the future. The ability to amend the definition of a connected person through secondary legislation provides the Secretary of State with the flexibility to ensure the regulatory regime is effective in modern times.

Question put and agreed to.

Clause 38 accordingly ordered to stand part of the Bill.

Clause 39 ordered to stand part of the Bill.

Clause 40

Minor and consequential provision

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss that schedule 2 be the Second schedule to the Bill.

[Nigel Huddleston]

Clause 40 gives effect to schedule 2, which contains minor and consequential amendments resulting from the Bill. Where appropriate, these amendments have been referred to and explained above under the clauses to which they relate.

Question put and agreed to.

Clause 40 accordingly ordered to stand part of the Bill.

Schedule 2 agreed to.

Clause 41

Extent, commencement and short title

[Nigel Huddleston]

I beg to move amendment 1, in clause 41, page 30, line 15, leave out subsection (7).

This amendment would remove the privilege amendment inserted by the Lords.

[The Chair]

With this it will be convenient to discuss clause 41 stand part.

[Nigel Huddleston]

The amendment removes the privilege amendment inserted in the Lords. For Bills starting in the House of Lords, a privilege amendment is included to recognise the right of this place to control any charges on the people and on public funds. It is standard practice to remove such amendments at this stage of the Bill’s passage through the House of Commons.

I also speak to clause 41 in this group. Clause 41 makes provision about the extent, the coming into force and the short title of the Bill. Clause 41 will come into effect on the day on which the Act is passed. Other provisions will come into force when the Secretary of State makes regulations by statutory instrument. The Department for Digital, Culture, Media and Sport will work with the Charity Commission on an implementation plan to bring the provisions into effect in stages after Royal Assent.

[Jeff Smith]

I will speak very briefly because this is really a technical clause. The Opposition agree with the Government’s amendment and with clause 41. The Minister referred to the implementation plan; Baroness Barran said at Committee stage in the Lords that the Government would publish an implementation plan before the Bill completes its passage through the House. Given that we are now at the end of the Committee stage and we do not yet have a date for Report and Third Reading, I will put on record my request to the Minister for an update on the progress of an implementation plan.

[Nigel Huddleston]

I note the hon. Gentleman’s comments. DCMS is working with the Charity Commission on the Bill’s implementation. We will announce further information in due course. If I am able to provide more information shortly, I will give it to the hon. Gentleman and others.

Amendment 1 agreed to.

Clause 41, as amended, ordered to stand part of the Bill.

Question proposed, That the Chair do report the Bill, as amended, to the House.

[Nigel Huddleston]

I would like to thank you, Mr Twigg, all the officials, stakeholders, the charities themselves, the Commissions and everybody involved in the Bill’s progress today. I thank the Opposition, as well as Members on this side of the House, for the co-operation and attention they have given to this very important Bill. It will make a meaningful difference to the charities impacted.

[Jeff Smith]

May I briefly echo the Minister’s comments? It is a highly technical Bill and an awful lot of work has gone on behind the scenes by the Law Commission, the Lords and the Clerks, which we should put on record. I thank all who have been involved, and also thank members of the Committee for their attendance today.

Question put and agreed to.

Bill, as amended, accordingly to be reported.

Charities Bill [ Lords ]

Nigel Huddleston Excerpts

Second reading committee
Tuesday 18th January 2022 General Committees

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

I beg to move,

That the Committee recommends that the Charities Bill [Lords] ought to be read a Second time.

It is a pleasure, as always, to serve under your chairmanship, Sir Gary. This Bill brings in modest but important technical reforms that will allow charities to function more efficiently by implementing the majority of the recommendations from the Law Commission’s “Technical Issues in Charity Law” report. The reforms in the Bill are the product of extensive consultation and represent a great example of the Law Commission’s work to simplify complex areas of the law, and I am pleased to be discussing the Bill’s Second Reading in Committee.

Currently, charities are too often burdened by complicated regulation and administrative costs. This Bill will simplify processes, in turn enabling charities to ensure that their focus and resources are for public good. I thank my noble Friends Baroness Barran and Lord Parkinson for guiding this Bill so ably through the other place, and I put on record my thanks to all peers in the other place, including Lord Hodgson and so many others, who contributed to the thorough scrutiny of this Bill, ensuring it reaches us in good shape.

Both the Law Commission and the Charity Commission have provided their expertise to enable the Bill to reach this stage, and I am grateful for their continued support as it continues its passage through Parliament. I am delighted that the Bill has received cross-party support and has been warmly welcomed by the charity sector. I hope it continues to receive deserved recognition through the remaining stages.

It is important to remind the Committee, as did the Chair, that this Bill follows the special procedure for non-controversial Law Commission Bills. This means that the Bill is limited to implementing those recommendations from the Law Commission’s report. Under this special procedure, the Bill was introduced into the other place, where it was subject to considerable scrutiny, and the Government made some necessary amendments to the Bill. I am grateful to all those involved in making these changes as they will help fulfil the Bill’s aims more efficiently.

Charities legislation can be complicated, uncertain and unduly burdensome. That unfortunately forces many charities to obtain expensive legal advice, and distracts them from carrying out their charitable purposes. Not only does overly complex legislation negatively impact charities, but it hinders the Charity Commission in carrying out its important regulatory role. The changes in this Bill are therefore necessary for both the charity sector and its regulator, providing charities with more flexibility, time, and resources to focus on their charitable purposes while reforming unnecessary or overly bureaucratic processes.

At the same time the Bill maintains appropriate regulatory oversight, protections and safeguards, ensuring the protection of charities from abuse. Certainty and clarity in the law is of the utmost importance, and the Bill will provide trustees with increased flexibility to act in their charity’s best interests. There is no doubt that we owe both our charity sector and our regulator a clear and simple legal framework. I hope that hon. Members will agree that the Bill strikes a sensible balance between protecting charities’ assets and avoiding unnecessary expense and regulation.

This is a highly technical Bill implementing several important changes, and I will shed light on some of its main contents to help Members understand its positive impacts. This Bill will simplify processes for amending governing documents that are currently cumbersome and inconsistent across different charity structures. It will do that by creating a new, clearer statutory power for all unincorporated charities to amend their governing documents by resolution. That will align amendment mechanisms as far as possible across the different legal structures that charities can take. It will also be more straightforward for royal charter charities to make amendments to their governing documents, providing a new power to amend any provision, subject to Privy Council approval.

The Bill will also make it easier to use funds from a failed fundraising appeal for other similar purposes, which has long been a challenge faced by many charities. That will save time and resources for charities where a fundraising appeal has failed, for example, by preventing them from having to search for and contact donors of small donations to ask them if they would like their donation returned because a fundraising appeal did not reach its goal or raised too much money for its specific purpose.

The Bill also makes changes to trustees’ powers in relation to permanent endowment—assets held by the charity with a restriction on the use of capital. Trustees will be able to exercise greater flexibility in making decisions that are in the best interests of their charity, allowing them to better utilise their permanent endowment, whilst protecting the enduring nature of such funds. Alongside greater flexibility, a clearer definition of permanent endowment has been provided. It includes a new power for trustees to borrow from their permanent endowment and streamlines the existing power available to trustees to release those funds.

The Bill also makes changes relating to ex gratia payments—payments that charities feel morally obliged to make, but lack a legal power to do so. For example, if someone left money to a charity in their will, but gave their solicitor instructions to grant some of the amount to a family member instead, but then died before the will had been changed, legally the charity must take the money, but it may feel morally obliged to honour the gift to the family member. Currently it would need to decide whether to make the payment at a trustee meeting, and then wait for Charity Commission, Attorney General or court approval before making such a payment. That is time consuming and can involve costs that are disproportionate to the value of the payment itself. The changes in the Bill will allow charities to make relatively small ex gratia payments without seeking Charity Commission consent. The changes will also allow trustees, if they so wish, to delegate the decision to make these payments to the charity’s staff.

Currently, there are a number of burdensome statutory requirements around disposals of land by charities. The measures in this Bill will tackle those challenges by creating a simpler process and paves the way for secondary legislation to broaden the pool of advisers at a trustees’ disposal.

The Charity Commission will also be provided with supplementary powers in respect of misleading, offensive or very similar charity names to remove anomalies and prevent an inappropriate name appearing on the register of charities.

There is no doubt that charities cannot function without the vital role of trustees, almost all of whom are volunteers. The Bill will, subject to appropriate safeguards, allow charities to source goods from trustees, when doing so would be in the charity’s best interests, by resolving a gap in the current law. The Charity Commission will also be able to authorise trustees to be paid for specific work they have carried out for the benefit oftheir charity in limited circumstances.

In relation to saving administrative costs when it comes to incorporations and mergers, this Bill will ensure legacies in wills can be automatically transferred to a merged charity and will automatically confer trust corporation status on corporate charities in their capacity as trustees of charitable trusts.

On reducing burdens on trustees, protection will be provided to them to avoid charities being discouraged from pursuing litigation due to the risk of trustees personally having to pay the costs of charity tribunal proceedings.

Collectively, the measures will ensure that charity law works effectively for those delivering vital charitable services, especially given the huge pressure the sector has faced during the course of the pandemic. The measures will also ensure appropriate regulatory oversight and safeguards are in place to maintain public trust in this important sector.

The many notable benefits of the provisions I have outlined will have positive impacts on the sector. Small charities will especially benefit from the simplified legislation and reduced administrative burdens as they may not have access to legal advice. The changes will also make life easier for trustees by reducing administrative burdens and easing some of the regulatory pressures they face. Trustees will be able to act with confidence in their charity’s interests. In turn, we anticipate public trust to flow from charities working unhindered and able to focus fully on their charitable mission.

I reiterate that this Bill brings in welcome reform to charity law. It has widespread support and, as I have outlined, it is the product of extensive consultation and has been subject to rigorous scrutiny. I am honoured to have the pleasure of bringing this Bill before this Committee and the House. I hope the Committee will give this Bill its full support, so we can proceed swiftly with its remaining passages and begin working with the Charity Commission on its implementation. I commend the Bill to the Committee.

--- Later in debate ---

[Nigel Huddleston]

I thank my opposite number, the hon. Member for Manchester, Withington, and the hon. Member for York Central, who has extensive and significant knowledge in the charitable sector and civil society overall—I applaud her work over many years.

I am pleased that the Bill has such obvious support across the House and in the other place, and I look forward to taking it through the Commons. We share the ambition that charities should not be weighed down by disproportionate or unnecessary burdens, so that they can focus on their charitable objectives and on what they do best. Charities are a force for good in society and, as the hon. Member for Manchester, Withington said, England and Wales alone have 167,000 registered charities, all of which carry out excellent and indispensable work to help those in need. By working closely with the Law Commission and the Charity Commission to provide consistency and clarity in law through this Bill, charities can feel confident that we have understood their concerns and that we are on the right path to help them fulfil their purposes.

To address some of the points raised by the hon. Gentleman, he was right to express a sense of urgency here, because we are trying to address quite a number of issues. We would all like to move at speed, but this is an incredibly complex area of law. We have had the challenges of dealing with covid, but there has been extensive stakeholder engagement. I understand the sense of urgency, but this is a complex area, and we wanted to ensure that we did things correctly.

On recommendation 40 of the Law Commission’s “Technical Issues in Charity Law” report, the Government stand by their decision to reject it and set out its reasoning in their response. The removal of the safeguards in section 115 of the 2011 Act would be a disproportionate response to the unlikely possibility of an application being brought to the Charity Commission that created a conflict of interest. Such a scenario, if it ever arose, could in any event be addressed in other ways. However, I am happy to discuss the matter with hon. Members or to write to them if they have outstanding concerns.

On recommendation 43, the Law Commission recommended that the Charity Commission should be able to make a reference to the charity tribunal without first having to get consent from the Attorney General. The Government rejected that recommendation on the basis that the Attorney General has a duty on the Crown’s behalf to protect charitable interests in England and Wales, and the mechanism assists the Attorney General in fulfilling that duty. The Government concluded:

“The Attorney General’s consent for references to the Charity Tribunal is an important element in the system which should not be removed.”

The matter was thoroughly debated during the Bill’s passage through the other place, and the amendment to insert recommendation 43 was not accepted.

Charities have played an unprecedented role throughout the course of the pandemic, and the measures in this Bill will enable them to carry on doing their vital work in communities throughout the country without unnecessary controls. I thank hon. Members for their contributions today, and I hope this Second Reading Committee will support the Bill.

Question put and agreed to.