Joint Committee on the Draft Charities Bill First Report


Formal minutes

Extract from House of Lords Minute of 6 April 2004

Charities—It was moved by the Lord President (Baroness Amos) that it is expedient that a Joint Committee of Lords and Commons be appointed to consider and report on any draft Charities Bill presented to both Houses by a Minister of the Crown, and that the Committee should report on the draft Bill by 30th September 2004; the motion was agreed to.

Extract from the Votes and Proceedings of the House of Commons 29 April 2004

Draft Charities Bill (Joint Committee), — Ordered, That the Lords Message of 19th April relating to a Joint Committee of both Houses to consider and report on any draft Charities Bill presented to both Houses by a Minister of the Crown, be now considered.

That this House concurs with the Lords that it is expedient that a Joint Committee of Lords and Commons be appointed to consider and report on any draft Charities Bill presented to both Houses by a Minister of the Crown, and that the Committee shall report on the draft Bill by 30th September 2004.

That a Select Committee of six honourable Members be appointed to join with the Committee appointed by the Lords to consider the draft Charities Bill.

That the Committee shall have power-

(i) to send for persons, papers and records;

(ii) to sit notwithstanding any adjournment of the House;

(iii) to report from time to time;

(iv) to appoint specialist advisers;

(v) to adjourn from place to place within the United Kingdom; and

That the quorum of the Committee shall be two.

That Mr Alan Campbell, Mr George Foulkes, Ms Sally Keeble, Mr Alan Milburn, Mr Andrew Mitchell and Bob Russell be members of the Committee. — (Paul Clark.)

Extract from the House of Lords Minute of 10 May 2004

Charities—It was moved by the Chairman of Committees that the Commons message of 4th May be now considered, and that a Committee of six Lords be appointed to join with the Committee appointed by the Commons to consider and report on any draft Charities Bill presented to both Houses by a Minister of the Crown;

That, as proposed by the Committee of Selection, the Lords following be named of the Committee:

L. Best

E. Caithness

L. Campbell-Savours

B. McIntosh of Hudnall

L. Phillips of Sudbury

L. Sainsbury of Preston Candover;

That the Committee have power to agree with the Commons in the appointment of a Chairman;

That the Committee have leave to report from time to time;

That the Committee have power to appoint specialist advisers;

That the Committee have power to adjourn from place to place within the United Kingdom;

That the quorum of the Committee shall be two;

That the reports of the Committee from time to time shall be printed, notwithstanding any adjournment of the House; and

That the Committee do report on the draft Bill by 30th September 2004;

the motion was agreed to and a message was ordered to be sent to the Commons to acquaint them therewith.

Proceedings of the Joint Committee

Wednesday 12 May 2004

Present:
Lord Best

Lord Campbell-Savours

Earl of Caithness

Baroness McIntosh of Hudnall

Lord Phillips of Sudbury

Lord Sainsbury of Preston Candover

Mr Alan Campbell

Rt Hon George Foulkes

Rt Hon Alan Milburn

Mr Andrew Mitchell

The Orders of Reference are read.

The declarations of relevant interests are made:

Lord Best declared an interest as Director (Chief Executive) of the Joseph Rowntree Foundation and the Joseph Rowntree Housing Trust (both bodies are charities), member of the Foundation Forum, the Advisory Council of the National Council of Voluntary Organisations and the Council for Charitable Support.

The Earl of Caithness declared an interest as Trustee and Chief Executive, Clan Sinclair Trust, Trustee, Castle of Mey Trust and Chairman, Caithness Archaeological Trust.

Baroness McIntosh of Hudnall declared an interest as Trustee - National Endowment for Science, Technology and the Arts (NESTA), Theatres Trust, South Bank Sinfonia, Art Inter-Romania, Peggy Ramsay Foundation; Board Member - The Roundhouse Trust, Almeida Theatre, Welsh National Opera, Foundation for Sports and the Arts; Chairman and Trustee, Royal National Theatre Foundation.

Lord Phillips of Sudbury declared an interest as self-employed partner in Bates, Wells and Braithwaite (London) Solicitors acting for a substantial number of charities; Gainsborough's House, Sudbury, Suffolk; President, Citizenship Foundation (a charity); President, Solicitors Pro Bono Group (a charity); Trustee, Phillips Fund (a charity); Trustee, ICNL Trust (a charity); President, Sudbury Society (a charity); Committee, Council for Charitable Support; Trustee, Me-Too (a charity); a few client trusts and client executorships/trusteeships in relation to wills; Age Concern Funeral Trust.

Lord Sainsbury of Preston Candover declared an interest as Chairman of the Trustees of The Royal Opera House Endowment Fund; Trustee of: the Linbury Trust (a grant-giving charitable trust founded in 1970's), the Ashmolean and the Rambert School of Ballet and Contemporary Dance.

Rt Hon George Foulkes declared an interest as Trustee of Burns House; former Director of Age Concern (Scotland)

Rt Hon Alan Milburn declared an interest as a Member of Amnesty International; Honorary President of Darlington YMCA, Darlington Mencap and Darlington Arthritis Care

Mr Andrew Mitchell declared an interest as Trustee of GAP (Gap Activity Projects); Management Committee SOS SAHEL; ESU International Debate Committee; Vice Chairman of Alexandra Rose Day; President Norman Laud Association (all charities)

It is moved that the Rt Hon Alan Milburn do take the Chair.—(Earl of Caithness.)

The same is agree to.

The Joint Committee deliberate.

Ordered, That Strangers be admitted during the examination of witnesses unless otherwise ordered.

Ordered, That the uncorrected transcripts of oral evidence given, unless the Committee otherwise orders, be published on the Internet.

Ordered, That the Joint Committee be adjourned to Wednesday 19 May at 9.00 a.m.

Wednesday 19 May 2004

Present:
Lord Best

Lord Campbell-Savours

Baroness McIntosh of Hudnall

Lord Phillips of Sudbury

Lord Sainsbury of Preston Candover

Mr Alan Campbell

Rt Hon George Foulkes

Mr Andrew Mitchell

Bob Russell

Rt Hon Alan Milburn, in the Chair

The Order of Adjournment is read.

The proceedings of Wednesday 12 May are read.

The following declaration of relevant interests is made:

Bob Russell declared an interest as Secretary of the all-party Scout Group and trustee of the St Mary Magdalen Almshouses Charity.

The Joint Committee deliberate.

Ordered, That Professor Jean Warburton be appointed as Specialist Adviser to assist the Committee in its inquiry into the Draft Charities Bill.

Ordered, That the Joint Committee be adjourned to Wednesday 26 May at 9.00 a.m.

Wednesday 26 May 2004

Members present:
Lord Best

Earl of Caithness

Baroness McIntosh of Hudnall

Lord Phillips of Sudbury

Lord Sainsbury of Preston Candover

Mr Alan Campbell

Ms Sally Keeble

Mr Andrew Mitchell

Bob Russell

Rt Hon Alan Milburn, in the Chair

The Order of Adjournment is read.

The proceedings of Wednesday 19 May are read.

The following declaration of relevant interests is made:

Ms Sally Keeble declared an interest as a member of a commission of inquiry for the Association of Chief Executives of Voluntary Organisations, membership of the management committee of a young persons charity and Patron of the Friends of the Lakes.

The Joint Committee deliberate.

Ordered, That Margaret Bolton be appointed as Specialist Adviser to assist the Committee in its inquiry into the Draft Charities Bill.

Ordered, That the Joint Committee be adjourned to Wednesday 9 June at 9.00 a.m.

Wednesday 9 June 2004

Present:
Lord Best

Earl of Caithness

Lord Campbell-Savours

Baroness McIntosh of Hudnall

Lord Phillips of Sudbury

Lord Sainsbury of Preston Candover

Mr Alan Campbell

Rt Hon George Foulkes

Ms Sally Keeble

Mr Andrew Mitchell

Bob Russell

Rt Hon Alan Milburn, in the Chair

The Order of Adjournment is read.

The proceedings of Wednesday 26 May are read.

The following declaration of relevant interests is made:

Bob Russell declared an interest as a parliamentary adviser to the Royal British Legion.

The Joint Committee deliberate.

The following witnesses are examined:

Mr Stuart Etherington, National Council of Voluntary Organisations; Mr Stephen Bubb, Association of Chief Executives of Voluntary Organisations; Ms Mary Marsh, National Society for the prevention of Cruelty to Children; Dr John Low, Royal National Institute for the Deaf and Hard of Hearing People.

Ordered, That the Joint Committee be adjourned to Wednesday 16 June at 9.00 a.m.

Wednesday 16 June 2004

Present:
Lord Best

Lord Campbell-Savours

Baroness McIntosh of Hudnall

Lord Phillips of Sudbury

Lord Sainsbury of Preston Candover

Rt Hon George Foulkes

Ms Sally Keeble

Mr Andrew Mitchell

Bob Russell

In the absence of the Chairman, Mr George Foulkes is called to the Chair

The Order of Adjournment is read.

The proceedings of Wednesday 9 June are read.

The following declaration of relevant interests are made:

Lord Sainsbury and Lord Best declared interests in relation to the Association of Charitable Foundations.

Lord Phillips declared an interest as a member of the Charity Law Association.

The Joint Committee deliberate.

The following witnesses are examined:

Mr Christopher Spence, Volunteering England; Mr David Emerson, Association of Charitable Foundations and Ms Rhona Howarth, Governance Works;

Mr Stephen Lloyd and Ms Judith Hill, Charity Law Association.

Ordered, That the Joint Committee be adjourned to Wednesday 23 June at 9.00 a.m.

Wednesday 23 June 2004

Present:
Lord Best

Lord Campbell-Savours

Baroness McIntosh of Hudnall

Lord Phillips of Sudbury

Lord Sainsbury of Preston Candover

Mr Alan Campbell

Rt Hon George Foulkes

Ms Sally Keeble

Bob Russell

Rt Hon Alan Milburn, in the Chair

The Order of Adjournment is read.

The proceedings of Wednesday 16 June are read.

The Joint Committee deliberate.

The following witnesses are examined:

Mr Andrew Watt, Institute of Fundraising; Mr Owen Watkins, Public Fund-raising Regulatory Association; Councillor Ian Green, Local Government Association; Ms Pippa Coombes, Institute of Licensing;

Mr Pesh Framjee and Ms Helen Verney, Charity Finance Directors' Group;

Mr Stephen Alambritis, Federation of Small Businesses.

Ordered, That the Joint Committee be adjourned to Wednesday 30 June at 9.00 a.m.

Wednesday 30 June 2004

Present:
Lord Best

Lord Campbell-Savours

Baroness McIntosh of Hudnall

Lord Phillips of Sudbury

Lord Sainsbury of Preston Candover

Mr Alan Campbell

Rt Hon George Foulkes

Ms Sally Keeble

Mr Andrew Mitchell

Bob Russell

Rt Hon Alan Milburn, in the Chair

The Order of Adjournment is read.

The proceedings of Wednesday 23 June are read.

The Joint Committee deliberate.

The following witnesses are examined:

Dr Martin Stephen, Manchester Grammar School and Chairman of the Headmasters' and Headmistresses Conference; Dr Anthony Seldon, Brighton College; Sir Ewan Harper, Church Schools Council; Mr Jonathan Shephard, Independent Schools Council and Mr Jack Jones, Nuffield Hospitals.

Ordered, That the Joint Committee be adjourned to Wednesday 7 July at 9.00 a.m.

Wednesday 7 July 2004

Present:

Lord Best

Lord Campbell-Savours

Baroness McIntosh of Hudnall

Lord Phillips of Sudbury

Lord Sainsbury of Preston Candover

Rt Hon George Foulkes

Ms Sally Keeble

Mr Andrew Mitchell

Bob Russell

Rt Hon Alan Milburn, in the Chair

The Order of Adjournment is read.

The proceedings of Wednesday 30 June are read.

The Joint Committee deliberate.

The following witnesses are examined:

Ms Geraldine Peacock, Chair designate, Ms Rosie Chapman, Director of Policy and Strategy, and Mr Kenneth Dibble, Director of Legal Services, Charity Commission.

Ordered, That the Joint Committee be adjourned to Wednesday 14 July at 9.00 a.m.

Wednesday 14 July 2004

Present:
Earl of Caithness

Lord Campbell-Savours

Baroness McIntosh of Hudnall

Lord Sainsbury of Preston Candover

Mr Alan Campbell

Rt Hon George Foulkes

Ms Sally Keeble

Mr Andrew Mitchell

Bob Russell

Rt Hon Alan Milburn, in the Chair

The Order of Adjournment is read.

The proceedings of Wednesday 7 July are read.

The Joint Committee deliberate.

The following witnesses are examined:

Mr Kevin Curley, National Association of Councils for Voluntary Service; Mr Jonathan Moore, Suffolk Council for Voluntary Service; Mr Mark Lattimer, Minority Rights Group International, Ms Ila Chandavarkar, Minority Ethnic Network Eastern Region and Mr Peter Finney, Myasthenia Gravis Association.

Ordered, That the Joint Committee be adjourned to this day at 2.30 p.m.

Wednesday 14 July 2004

Present:
Earl of Caithness

Lord Campbell-Savours

Baroness McIntosh of Hudnall

Lord Sainsbury of Preston Candover

Mr Alan Campbell

Ms Sally Keeble

Mr Andrew Mitchell

Bob Russell

Rt Hon Alan Milburn, in the Chair

The Order of Adjournment is read.

The proceedings of Wednesday 14 July are read.

The Joint Committee deliberate.

The following witnesses are examined:

Major Michael Adler; Mr Daoud Rosser-Owen, Religions Working Together and Mr Andrew Britton, Churches Main Committee.

Ordered, That the Joint Committee be adjourned to Wednesday 21 July at 9.00 a.m.

Wednesday 21 July 2004

Present:
Lord Best

Earl of Caithness

Lord Campbell-Savours

Baroness McIntosh of Hudnall

Lord Phillips of Sudbury

Lord Sainsbury of Preston Candover

Mr Alan Campbell

Rt Hon George Foulkes

Ms Sally Keeble

Mr Andrew Mitchell

Bob Russell

Rt Hon Alan Milburn, in the Chair

The Order of Adjournment is read.

The proceedings of Wednesday 14 July are read.

The Joint Committee deliberate.

The following witnesses are examined:

Fiona Mactaggart MP, Parliamentary Under-Secretary of State for Race Equality, Community Policy and Civil Renewal and Mr Richard Corden, Bill team manager, Home Office.

Ordered, That the Joint Committee be adjourned to Wednesday 8 September at 9.00 a.m.

Wednesday 8 September 2004

Present:
Lord Best

Earl of Caithness

Baroness McIntosh of Hudnall

Lord Phillips of Sudbury

Lord Sainsbury of Preston Candover

Mr Alan Campbell

Rt Hon George Foulkes

Ms Sally Keeble

Mr Andrew Mitchell

Bob Russell

Rt Hon Alan Milburn, in the Chair

The Order of Adjournment is read.

The proceedings of Wednesday 21 July are read.

The Joint Committee deliberate.

Ordered, That the Joint Committee be adjourned to this day at 2.45 p.m.

Wednesday 8 September 2004

Present:

Lord Best

Earl of Caithness

Baroness McIntosh of Hudnall

Lord Phillips of Sudbury

Lord Sainsbury of Preston Candover

Mr Alan Campbell

Rt Hon George Foulkes

Ms Sally Keeble

Mr Andrew Mitchell

Bob Russell

Rt Hon Alan Milburn, in the Chair

The Order of Adjournment is read.

The proceedings of Wednesday 8 September are read.

The Joint Committee deliberate.

Ordered, That the Joint Committee be adjourned to Wednesday 15 September at 9.00a.m.

Wednesday 15 September 2004

Present:
Lord Best

Lord Campbell-Savours

Earl of Caithness

Baroness McIntosh of Hudnall

Lord Phillips of Sudbury

Lord Sainsbury of Preston Candover

Mr Alan Campbell

Rt Hon George Foulkes

Ms Sally Keeble

Mr Andrew Mitchell

Bob Russell

In the absence of the Chairman, Mr George Foulkes is called to the Chair

The Order of Adjournment is read.

The proceedings of Wednesday 8 September are read.

The Joint Committee deliberate.

It is moved that the draft Report before the Committee be read.

The same is agreed to.

Paragraphs 1 to 407 are agreed to

Resolved, That the draft Report be the Report of the Committee to both Houses.

Ordered, That the following paper be appended to the Report:

Schedule of detailed points made about the draft Bill by witnesses, together with the Government response.

Ordered, That the memoranda received by the Committee be appended to the Minutes of Evidence.

Ordered, That the provisions of Commons Standing Order No. 134 (Select committees (reports)) be applied to the Report.

Ordered, That Mr George Foulkes do make the report to the House of Commons and The Earl of Caithness do make the report to the House of Lords.

Ordered, That the Joint Committee be now adjourned.


 
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