Memorandum from Macmillan Cancer Relief
(DCH 148)
INTRODUCTION
1. Macmillan Cancer Relief is the largest
charity in the United Kingdom dedicated to cancer care. Its income
in 2003 was nearly £90 million. It uses its funds to finance
a range of services and facilities for people with cancer and
their families. Almost all of Macmillan's income is from voluntary
fundraising.
2. Macmillan welcomes the Draft Charities
Bill and in particular the proposals to modernise and simplify
charity law. Macmillan also welcomes proposals to maintain and
to build on public trust and confidence in the sector.
POWERS OF
THE CHARITY
COMMISSION
3. The Bill proposes several measures that
will increase the regulatory and investigative powers of the Commission
(eg registration and the public benefit test, cy-pre"s
occasions, directions by Commission, powers of entry, etc).
Macmillan believes that the Commission must have sufficient powers
for it to be able to undertake its role as the "charity watchdog"
and it does not believe that the new powers proposed are excessive.
4. In order to be effective however the
Commission needs the will and the resources to use its powers.
There is a widely held perception and some evidence that the Commission
has been unable, because of will or resources, to make full use
of its existing powers. There will be little point in extending
these powers if use will not be made of them. Macmillan therefore
believes that the Home Office and Parliament must provide the
Commission with sufficient resources to carry out its statutory
duties and that they must encourage the Commission to be robust
in applying its powers, most particularly where there is evidence
of wilful misconduct or malfeasance.
PUBLIC CHARITABLE
COLLECTIONS
5. Macmillan appreciates that public charitable
collections can be the public face of charity and that public
collections need to be regulated. Macmillan strongly supports
the proposal that the solicitation of bank standing orders in
public places (which is not a fundraising technique ever used
by Macmillan) should be brought within regulatory control.
CERTIFICATES OF
FITNESS
6. Macmillan believes that the proposal
that registered charities should be in possession of a "certificate
of fitness" from a local authority before it may apply for
a licence to undertake a public charitable collection is excessive
and unnecessary. Registered charities are subject to the regulation
of the Charity Commission, which will have enhanced regulatory
powers under the proposals in the Bill. If a registered charity
is not a "fit" organisation to raise money though public
charitable collections, then it is not a fit organisation to raise
funds by any other means, and it is not fit to be on the Register
of Charities. Macmillan therefore proposes that the requirement
of a "certificate of fitness" should not apply to any
registered charity, but that an application for a public collection
to a local authority signed by an officer of the registered charity
should be sufficient for the local authority's licence.
DEFINITION OF
PUBLIC PLACE
7. Macmillan is opposed to the wider definition
of "public place" to include what are private places,
eg station forecourts, airports, etc. It is unclear how far the
concept of a "public place" will extend. Would it include
a supermarket car park? Would it include a supermarket check out
zone? Would it include a public house? To make collections at
these places charities already need to have the permission of
the owner of the place. It would be excessive and an intrusion
into the right of private property if public collections in such
places also required the licence of the local authority. Moreover,
the owners of private property who currently allow charitable
collections on their property are already vigilant about who is
allowed to collect and how often. Adding a statutory element in
addition might well lead private owners to cease giving permissions
at all because of the additional bureaucracy they would have to
be involved with.
June 2004
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