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
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