Charitable Registration Debate

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Department: Cabinet Office
Tuesday 13th November 2012

(11 years, 6 months ago)

Westminster Hall
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Fiona Bruce Portrait Fiona Bruce
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I thank the hon. Gentleman for making that point in his characteristically strong manner.

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

Fiona Bruce Portrait Fiona Bruce
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There are two more dichotomies: there appears to be no challenge to the rating exemption of gospel halls, provided that they have an appropriate notice outside; and, as devolved legislation, charity registration is dealt with differently in Scotland. I understand that the charitable registration of religious organisations in Scotland is not being challenged, so we could have a bizarre situation whereby, for example, a Brethren church in Scotland is registered as a charity and is able to claim tax exemption through the HMRC regulations, but its sister or brother church in England or Wales is not.

Earlier this year, the Charity Commission advised the Preston Down Trust’s solicitors that

“As a matter of law we are not able to satisfy ourselves and conclusively determine that Preston Down Trust is established for exclusively charitable purposes for public benefit and suitable for registration as a charity.”

That came as a complete surprise to the Plymouth Brethren organisation because it has been recognised as having charitable status for more than 50 years.

The Plymouth Brethren Church is a Christian Church that was established in 1828 as a breakaway from the Church of England and has some 16,000 members across the country. The Brethren’s Bible is the same Bible used by the Church of England and other mainstream Christian denominations with nothing added and nothing taken away.

The case is now the subject of an appeal by the Brethren to the charities first-tier tribunal and has been of extreme concern to Plymouth Brethren churches across the country since the Charity Commission refused the Preston Down Trust’s application, which was a sample application that effectively challenged the charitable status of up to 300 other Plymouth Brethren trusts, some of which are in Scotland.