Memorandum from Community Action—Hampshire
(DCH 52)
1. CLAUSES 1-3:
DEFINITION OF
CHARITY AND
PUBLIC BENEFIT
TEST
It is imperative that the requirement to deliver
public benefit is more robust than currently envisaged. Whilst
expanding the list of charitable purposes may be laudable, and
encourage active citizenship, there is a danger of the term "charity"
becoming debased and discredited. At the heart of charitable activity
should be the drive to make society a fairer place, ironing out
inequalities and disadvantages. Therefore while certain categories
of charitable purposes, (eg education, health, amateur sport)
could deliver real benefits, they could equally, and indeed are
currently seen to, discriminate against large sections of the
community because of the way those services are delivered. Occasional
use of facilities by the community should not qualify as delivering
public benefit. "Advancement of religion" is another
example of where the public benefit test must be vigorously applied,
as advancement of religion per se could mitigate against social
cohesion.
1.1 The Charity Commission must undertake
a rolling programme to check that public benefit is being delivered.
2. CLAUSE 21:
POWER TO
ENTER PREMISES
The draft Bill gives the Charity Commission
considerable additional regulatory powers, eg power of entry into
premises, the right to seize documents, etc and at the same time
it is expected to act as an advisory service to the sector. This
could be seen as a barrier, not so much for the larger charities,
but certainly the smaller ones, who would normally readily seek
advice. If they suspect that the Commission is going to leap on
them for some misdemeanour, are they going to contact them? Consideration
should be given to contracting out the advisory service, possibly
to an organisation such as the NCVO at national level, but preferably
to the lowest level possible (organisations like to source advice
and assistance as close to home as possible), therefore to a subregional
body or consortium/network.
June 2004
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