Joint Committee on the Draft Charities Bill Written Evidence


Memorandum from Council for Wales of Voluntary Youth Services (DCH 199)

  1.  The Council for Wales of Voluntary Youth Services (CWVYS) is the umbrella body for the voluntary youth sector in Wales. The main aim is the promotion of good youth work practice. CWVYS represents the youth network in the structures set up under the Voluntary Sector Scheme. CWVYS has a membership of 32 local and national organisations, some of which are UK wide. Member organisations work with over 200,000 young people between the ages of 11-25, nearly half of all young people between those ages in Wales.

  2.  CWVYS broadly welcomes the new proposals. It is hoped that the legislation will reduce bureaucracy and make regulations easier for smaller charities. The implications of the legislation on smaller charities that make up the vast majority of the sector need to be scrutinised to ensure that this is indeed the case.

  3.  CWVYS supports the appointment of a Charities Commissioner for Wales and the opening of the new office for Wales in Newport.

  4.  Whilst the widening of the number of charitable purposes from four to 12 will be advantageous there needs to be more clarity about the meaning of "public benefit".

  5.  The new corporate legal form for Charities is also to be welcomed giving Trustees a firmer legal position without increasing the bureaucratic requirements on the charity.

  6.  CWVYS supports the measures to increase transparency of operation.

  7.  Girlguiding Cymru has given a full response to CWVYS concerning the consultation, which is appendixed.

  8.  CWVYS supports the issues in submission by the Wales Council for Voluntary Action (WCVA).

RESPONSE FROM GIRLGUIDING CYMRU

  1.  Thank you for giving me the opportunity to comment on the draft Charities Bill. I do not have views on every aspect, but those relevant to Girlguiding Cymru are listed below.

  2.  The charitable objective of Girlguiding Cymru is to educate girls and young women. We help them develop emotionally, mentally, physically and spiritually so they can make a positive contribution to their community and the wider world.

  3.  The Association, as a whole, is incorporated by Royal Charter. This Charter governs our affairs through powers conferred upon us by the bye laws made under the provisions of the Royal Charter and its subsidiary rules. A copy of these rules is contained within the Guiding Manual. The Guide Association, as a charity in itself, is entitled to the benefit of a 1961 exception order which states that the Guide Association is exempt from registering as a charity in accordance with the Charities Act 1960.

  4.  Over the last few years there has been an added burden of regulations imposed on overworked voluntary leaders and the introduction of new legislation could be seen as a disincentive for adults to become involved. Further regulations on small organisations could be devastating. It is essential that the commitment of adult volunteers be appreciated. They give their time, with no financial reward, and many have the added responsibilities of family, home and work. As a volunteer they already have to comply with their own organisations rules and regulations. It is the experience of Girlguiding Cymru that too much regulation leads to resignation.

  5.  It is necessary to achieve a balance between transparency and accountability on the one hand and overloading the volunteer with an obligation to provide information to the general public. Some small charities simply provide a service to its membership without becoming involved in fundraising. Simplification of the requirement for regulation would be welcome but there are areas of self-regulation, which should prevail.

  6.  On the pre-supposition that the Guide Association would, under the new definition, continue to be regarded as an organisation with a purpose of further education, the re-definition of the Charity and the eight new purposes would be supported.

  7.  The proposal to amend the law to allow charities to undertake trading within the Charity, without the need for a trading subsidiary, is very welcome. The proposed trustee duties of care are supported but it should be made clear that in the case of large charities that these may be delegated to a sub-committee. Charities with a large body of trustees may find difficulties with efficient management of a trading arm if it had to be conducted within the remit of a larger committee. Girlguiding Cymru would support the simplification of Charity Law and accounting. The proposal to resolve the confusion over the licensing of public collections is welcomed, plus the prospect of updating the law on lotteries and raffles. A new licensing system must be straightforward and it must again be recognised that it will be the volunteers involved with this so therefore the minimum of regulation should be imposed. No fees for this purpose should be introduced.

  8.  The professional auditing of accounts of charities with income in excess of £1,000,000 would be broadly supported.

  9.  Any proposal to simplify the present regime of charity registration is to be applauded. It does create confusion at the moment, as it is so complex. Smaller charities would be relieved of the necessity to register. Charities with an income in excess of £50,000 should be compelled to register.

  10.  The treatment of income, by SORP 2000, which takes into account linked income, will push smaller charities over the income limit. Many branches of the Association, which at present benefit from the exemption order, may have to register as a result. In consequence, there would be an increase in the administrative work of the Charity Commission and Girlguiding Cymru. In Girlguiding Cymru our income takes the form of subscriptions paid by its membership, of which a proportion is received and paid onwards for the benefit of the next supervening level of the organisation.

  11.  In general, Girlguiding Cymru welcomes and embraces change, particularly if it encourages less bureaucracy and paperwork. I would appreciate being kept informed of future developments and be able to comment on any impending changes.

Yvonne Brown

June 2004




 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2004
Prepared 30 September 2004