Charities Act 2009 and Regulation of Fundraising

The Wheel welcomes the enactment of the Charities Bill by President, Mary McAleese on Saturday, 28 February.

View our four minute video summary of the Bill here.  Or our PDF summary here .(PDF 110KB)

"Regulation will be good for charities in that it will increase public understanding of, and confidence in, the crucial work of the more than 7000 charities operating in Ireland," says Deirdre Garvey, Chief Executive Officer of The Wheel. "Sensitive implementation will also assist and support the boards and trustees of charities, by providing clarity about the legal framework in which they operate."

When fully commenced, the Bill will provide comprehensive regulation for charities, with each required to register with the Charity Regulator. In addition, charities that fundraise directly from the public will be expected to comply with detailed codes or practice, which are currently being developed.

The Wheel has prepared a summary overview of the scheme to implement fundraising codes of practice, which you can download here.

Ms. Garvey warns, however, that regulatory requirements will place additional demands on charities. "Government must now deliver on the promise it made in the national agreement, Towards 2016, to provide the additional resources that charities will require during the transition to regulation."

There were fears in the sector when the original Bill was published, that charities might be precluded from advocating changes to Government policy where appropriate. The Wheel welcomes the fact that the enacted Bill clearly acknowledges that charities can advocate to achieve their charitable objectives.

However, The Wheel has expressed its deep disappointment at the failure of Government to take advantage of this opportunity to recognize the promotion of human rights as a charitable activity.

Research conducted by The Wheel found that 92% of Irish people agree that there should be a regulator for charities in Ireland, and that accountability and cost-effectiveness are the two main reasons why people think there should be a charity regulator.

 
It is unlikely that there will be many significant implications for charities during 2009. 

Minister of State, John Curran will be making an address about the plans for implementation of the act at The Wheel's annual conference on May 19th.

Listen to what some of the attendees at our recent briefing on the Charities Bill on 30 January had to say on what effects they thought the Bill, when enacted would have on the community and voluntary sector.

What effect will the Bill have on the Sector? (MP3, 2 mins. Recorded 30 January 2009)

Further reading

• Preparing For Charities Regulation

• Charities Legislation and Regulation Network of Interest

• Company Law Reform

• Codes of Practice for Charitable Fundraising

• The LRC Publishes Report on Charitable Trusts and New Legal Structure for Charities

• Trust Law Reform