Memorandum from Friends of the Earth (DCH
222)
Friends of the Earth feels that overall the
draft Bill sets the right tone, however there a number of concerns
about the finer details. Our main concerns are;
1. Keeping Lead Authority—charities
will have to apply for fitness tests where they are registered.
Particular worries include the handover from the Metropolitan
Police to local authorities in London, so that the councils with
the least experience of licensing public collections will have
the greatest responsibility (according to the PFRA 64 PFRA members
are based in London, with 21 in Islington). Friends of the Earth
is based in Islington and has already experienced considerable
problems street fundraising in the Islington Borough.
There are also questions about the actual application
process, in particular the requirement to consult with police
before issuing a certificate.
Clause 38—Restrictions on Collections in
a Public Place.
Clause 40—Certificate of Fitness.
66E Determination of Applications and Issue of Certificates.
(1) (a) requirement to consult police.
66F Grounds for Refusing a Certificate.
66G Withdrawal of Certificates.
2. All criteria on "capacity"
and "nuisance" going to be in the Guidance Notes—which
include further consultation. We welcome The Home Office reconvening
its advisory panel to develop the guidance of which the PFRA will
once again be a part. However at present these will not be Statutory
Guidance which means that councils could still ignore it and this
is concerning.
3. The process of applying for a permit
asks for specific dates, but there is no information on what will
happen if two or more charities apply for the same date.
Clause 41—Permits to Collect in a Public
Place.
4. Solicitation Statement—this is
still very confusing and could allow councils to still ask for
percentages from charities.
Clause 35—Statements Indicating Benefits
for Charitable Institutions and Fundraisers.
5. The inclusion of private sites. To fundraise
on stations or supermarket forecourts you will first have to get
a certificate of fitness from the council, though there appears
to have been very little consultation with the owners of such
sites on their views.
Clause 37 (5)—the definition of Public
Place.
6. Finally, the changes are presented as
amendments to the 1992 Act which is very difficult to follow and
may cause confusion, a consolidated bill would be preferable to
all.
Janine Wheatley
June 2004
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