Small Charitable Donations and Childcare Payments Bill

Susan Elan Jones Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 11th October 2016 Commons Chamber

[Susan Elan Jones (Clwyd South) (Lab)]

It is a great pleasure to follow the hon. Member for Rochford and Southend East (James Duddridge). I think it was four years ago that we served on the Committee considering the original Bill, which later put in place the gift aid small donations scheme. I think that the hon. Members for Foyle (Mark Durkan) and for Amber Valley (Nigel Mills) were also members of the Committee. At the time, we were all quite enthused about the programme; indeed, we still are. We recognise the importance of giving gift aid-style relief on small donations, especially in a way that will help small charities.

Some real improvements to the Bill have been suggested today. The introduction of contactless payments is good, although I fully agreed with what the right hon. Member for Meriden (Dame Caroline Spelman) said about the lack of provision for cheques. I want to dangle a little carrot in front of Government Members by saying that when the original Bill was discussed in Committee, it was discovered that—shock, horror—it was not only £5, £10 and £20 notes that would be eligible for gift aid-style relief, and that even if someone dropped in a few euro notes, they would be eligible as well. If one can have relief for euros and other currencies, there is no reason why it is not possible with cheques. That would be a welcome improvement along with contactless payments and a look at text donations as well. The increase in the upper limit is very welcome, and it shows how this scheme has developed and how it has the potential to help small charities. We need to realise that this Bill is all about helping small charities, because it is those charities and community groups for which this Bill was created.

In the Committee that considered the Charitable Donations Act 2012, we quibbled away at the long-forbearing Ministers about the ratio between gift aid eligibility and donations. At the time, in the original draft of the Bill, we were talking about a ratio of 3:1, 4:1 or 5:1. We asked persistently why it was one ratio and not another. The hon. Member for Rochford and Southend East just asked why there should be any link at all with gift aid. The survey from the National Council for Voluntary Organisations, the Charity Finance Group, the Institute of Fundraising and the Small Charities Coalition sets out much the same view. Even if it was felt that, for reasons of fraud, we needed that link with gift aid, why is the 10:1 ratio on a tablet of stone?

We discovered in that earlier Bill Committee that ratios of 3:1, 4:1 and 5:1 were pretty expendable. Why, if a charity is registered and has about £10 in gift aid, is that not enough in terms of fraud detection? Furthermore, I am not 100% convinced of the link with fraud. When we had that previous debate, I remember someone raising the issue of the Cup Trust, which was—I will try to put this diplomatically—involved with various fraudulent practices. We innocently asked whether it was registered for gift aid. Well of course it was, which does not suggest that there is much link between fraud and gift aid. If that is something that the Government genuinely believe is a problem, I really cannot see for the life of me why the ratio has to be 10:1; it just does not make sense.

On balance, this is a good Bill. We welcome it, but I urge the Minister, the Government and all members of the Committee to look again at the whole matching requirement, how it is constituted, and why oh why the ratio has to be 10:1.

--- Later in debate ---

[Mark Durkan (Foyle) (SDLP)]

It is a pleasure to follow the hon. Member for Taunton Deane (Rebecca Pow), who rightly says that there are practical and positive measures in the Bill that we should welcome. However, I believe that the Bill could have gone forward and been even more practical and positive and offered even more flexibility.

As the hon. Member for Clwyd South (Susan Elan Jones) said earlier, she and I served on the Committee that considered the Small Charitable Donations Bill back in 2012. Indeed, the point about euros emerged as a reassurance to me, as I represent a border constituency in Northern Ireland. I pointed out that when a number of charities in my constituency raise money, whether with bucket collections or other ways such as church events, they find euros in their collections, and I asked whether they would have to sift them out or whether they could honestly declare them. In fairness, the then Minister, now the Secretary of State for Communities and Local Government, came forward with the clarification that that money could certainly all be counted.

The hon. Member for Clwyd South is right to say in that context that, when the 2012 Bill was being considered, the refusal to allow donations in the form of cheques or contactless or various other foreseeable electronic payments was odd. I wonder whether even now the Minister will consider allowing, in Committee, an enabling clause giving Ministers the power to permit payment by cheques and so on in future, so that these measures would not have to come back before the House. As the hon. Member for Amber Valley (Nigel Mills) said, he made that point in the Committee on the 2012 Bill.

In the Small Charitable Donations Act 2012, the Treasury was given significant powers to change things by order; it was given the power to change the connected charities amount, the community buildings amount, the remaining amount, and the capped total. It could amend the gift aid matching rule, abolish it, and reinstate it, if previously abolished, with or without amendment; it could even, by order, amend the meaning of “eligible charity”, and the limit on the value of individual donations. Sensibly, the Treasury was given the power to make significant working changes to the scheme by order. It seems strange that in this further bit of primary legislation there is not similar flexibility around, say, the use of cheques. That flexibility could be introduced in Committee.

I had the unusual experience of arriving in the 2012 Bill Committee to find that the Government had tabled an amendment to take up a point that I made on Second Reading. The penalty provisions stipulated that a charity that had suffered a penalty from HMRC would be barred from the scheme for a period, but there was no provision for an appeal against or possible overturn of the penalty, and where the penalty had been imposed but subsequently reviewed and set aside there was no provision to say that the period of barring would no longer apply. Sensibly, the Government listened. That proved to me that sometimes, when it comes to small Bills, the Government have a flexible ear and will listen to points made on Second Reading; in the case of small Bills, they can handily concede points, and indeed take the initiative and leapfrog Committee Members in making sensible amendments.

The Minister was right to say that some sensible working adjustments are made in the Bill, but they are all ones that were advocated by members of the 2012 Public Bill Committee—not just by members of the Opposition, or by me, but in many cases by Conservative members of the Committee. Members were teasing out the implications with practical ideas. Many of us were concerned that the Small Charitable Donations Bill was in danger of tilting into becoming the petty conditions Bill, given the number of different traditions, trips and traps that people could get into. I still wonder whether the Government could be a bit more generous or expansive in how they take the Bill forward. After all, it is clear that the whole matching requirement issue still causes charities problems. We should listen to charities as we take the Bill forward.

[Susan Elan Jones]

Does my hon. Friend remember that among the examples of charities that the small charitable donations scheme could help were small ones such as talking newspapers? We were very aware that if their admin staff were overburdened, they might not be able to claim what they should rightly claim.

[Mark Durkan]

Yes, the hon. Lady is exactly right. Members in all parts of the Committee raised many pertinent, practical examples of charities that we would want to be ready beneficiaries of the scheme, but that would be prohibited from taking part in it.

At the time, perhaps because this was a first move in this direction, the Minister took a narrow and highly precautionary approach, but smaller charities have not claimed the amount of small donations relief under the 2012 Act that the then Chancellor said they would; when he announced the scheme, he said that it would be £100 million. The indications to date are £25 million a year with an uplift of perhaps £15 million, going by what the Minister has said about the Bill, but we are still talking about something well short of what was promised to the charitable sector when the concept was introduced. Our challenge is how to get closer to the £100 million. We have to look at the things that are standing in the way. I acknowledge that the Government, in the consultation and in the Bill, have moved to address some of the difficulties on community buildings, but there are still some issues on the question of connected charities. The matching requirement, however, is still there, and I wonder whether the Minister can tell us whether or not are examples of fraud in the gift aid small donations scheme in the past three years. Are there any indications of whether matching requirements would have prevented fraud, or simply prevented access to the scheme?

We want to know why the ministerial team are content with arriving at an amount that is only half the amount of support originally intended—in fact, it is less than half. I therefore hope that Ministers are prepared to continue to listen to hon. Members who serve on the Bill Committee and to the charitable sector so that we can improve the scheme and make it much more effective for all the causes and examples that hon. Members have discussed, including that and so on.

As well as amending the Small Charitable Donations Act 2012 the Bill amends the Childcare Payments Act 2014. In an intervention I said that the Minister rightly presented the childcare payments scheme under the Bill—with the original Act as the source—as applying to each child. However, the Government are inconsistent, because the childcare element of universal credit is restricted to two children. Working tax credit rules apply to two children, but childcare payments under the 2014 Act are not restricted to two children. What is the reason for the Government’s cognitive dissonance? Why are there different rules on support for different families? The Minister explained how the provisions in the Bill ensure that changes can be met more responsibly by the system, but will Ministers consider the difference in experience and bureaucratic contact for parents accessing childcare payments under the Bill and the original Act and for parents who apply for the childcare element of universal credit? Under the childcare payments scheme, it is a bankable allowance, but it is not a bankable allowance for people on universal credit. They have to spend the money first, then claim it back within a short time. There is an unfair difference in treatment. Some parents are treated more generously and supportively in the way in which the system relates to them and engages with them than others, which is wrong. As legislators, we should try to ensure a more consistent approach to the principle of childcare in all the important and positive forms that it takes.

That is not to say that the childcare payments provided for are not positive and practical; I just wish that the universal credit childcare element could be made more comparable and, similarly, that if the Government see fit not to visit a two-child rule on the childcare payments system, they will abandon the idea of having such a rule for working family tax credit as well.