Joint Committee on the Draft Charities Bill Minutes of Evidence


Examination of Witnesses (Questions 800 - 806)

WEDNESDAY 7 JULY 2004

MS GERALDINE PEACOCK, MS ROSIE CHAPMAN AND MR KENNETH DIBBLE

  Q800  Bob Russell: Another aspect of the Bill is possible mergers and the Home Office say that one important measure of the success of the Bill will be an increase in the number of mergers between charities. How many charities have merged in the last year and how many do you anticipate will merge in year one of the Bill becoming an Act?

  Ms Peacock: How long is a piece of string. I do not know that numbers is necessarily the right measure of what we are talking about here. It is actually whether we are more effective through doing it. I think the important thing with the Act is that we are encouraged to get people to think about that.

  Q801  Bob Russell: So are you planning for it? Are you expecting mergers to take place? How many charities have merged in the last year? There must be a ball-park figure for how many merged in the last year.

  Ms Peacock: Have we a ball-park figure for how many merged in the last year?

  Ms Chapman: No.

  Ms Peacock: Not many I would say.

  Q802  Bob Russell: Precisely, so how does a policy of promoting mergers fit in with supporting and encouraging small charities? What is the purpose of that being in the Bill to start with if it is so meaningless?

  Ms Peacock: I do not think it is meaningless. I think it is fairly new to the voluntary sector because the voluntary sector grows often by conflict rather than collaboration. You get new charities starting up because a group of trustees fall out and one bunch goes off and registers another charity without resolving the problem. What I think the draft Bill does for us is give us the power to have more up-front conversations with people who come to register as charities in the first place as to whether that is the best way for them to go and also to encourage others to think of working more collaboratively together so that you do not have this proliferation of people trying to find a meaning for existence rather than doing themselves out of business

  Q803  Bob Russell: So you are not expecting and you are not planning, from your answer, for a mass merger of charities?

  Ms Peacock: Not a mass merger but I am looking for charities to stop being so competitive and to look more to the public good of collaborating more effectively together so we will have a project that focuses on that.

  Q804  Bob Russell: I need to put on record that I am Patron of the Colchester Continuing Education Access Fund and the reason for that is because my final question is to do with charities which have a final end and that charity has a final end, which reminds me I should have declared it. Does the Bill need to include better provision for charities to end when they have fulfilled their purpose and there is no longer any need for them to be there? Does the Bill need to do more to address that?

  Ms Peacock: I think we would try and address that as we do through good practice. It might be helpful for the Bill to strengthen that because I think some charities do forget that they have achieved their purpose.

  Bob Russell: Thank you.

  Q805  Lord Sainsbury of Preston Candover: A last and broad overriding point concerning the encouragement of charity giving and philanthropy. We have had evidence, and Andrew Mitchell referred to some foundations (whose annual reports I know of) that have said that because of the regulatory burden the actual establishers of the foundation would not have done it if they had realised that such a regulatory intrusive regime existed. We have also had evidence that there has been a decline in the number of new foundations despite considerable wealth in some areas. That cannot be good for the charity sector. We all want to encourage charity-giving. We all want to encourage philanthropy, particularly from those most able to give money. My question is should you not have an overriding responsibility where in considering your work and your regulation you must always be concerned with encouraging charity-giving and encouraging large acts of philanthropy and try and avoid anything which discourages the public from giving or discourages the wealthy from establishing foundations?

  Ms Peacock: Yes, I think that has got to be the answer although I would caveat that by saying that giving is now increasingly only one part of charity in the way non-profit organisations finance themselves because we are in a world where you have to be self-sufficient too so you cannot put all your eggs in one basket. You have got a donatory culture in Britain which is moving towards a self-sufficiency culture. Charities are looking increasingly towards mixed economies of funding, so you need definitely to encourage philanthropy but you also need to encourage things like social investment for instance. That is one area where the Charity Commission were, dare I say it, ahead of the game because they issued guidance before the Treasury even published the report of the Social Investment Task Force. We are trying to look at all forms of income generation which will make charities sustainable, which is the important point. They are no good to the public at all if they are going to go bust.

  Mr Mitchell: I came to this inquiry without any knowledge of the charity sector, although I sit on three or four charities. I have read as much of the evidence as I can and I just want to leave you with this point: having started wondering whether there was a widespread worry about the charitable sector which meant we needed to have a Bill, I have come to the conclusion having read this stuff that there is huge confidence and trust in the charitable sector but there is not huge confidence and trust in the Charity Commission. It is a good time to say to this to you as you are about to start that I think you need to approach your task with a much greater humility than has been the case in the past with the Charity Commission. I think you have a reputation to rebuild in the sector and for my part I think there are deep and legitimate concerns at some the powers you will be given and the way you will exercise those powers where you need to send a very firm signal to the whole sector of the approach you are going to take. As I say, I hope it will be one of humility.

  Chairman: Thank you, Andrew. Thank you to the witnesses. Can I just say to you that I think what would be helpful is for you to submit two further papers to us, the first we have already discussed which is on the issue of cost and costing. We have discussed the burdens and the nature potentially of legislation vis-a-vis the sector but I think we recognise on the Committee that it does also require change within the Commission, the point that Andrew Mitchell has made very forcefully. We look forward to your paper on that[35]. I think the second issue that it would be helpful to have a paper on—and this is something you raised earlier Geraldine when you talked about the need to move on from the way the Commission had been operating—how you intend to do that, what are the internal structural and process changes that you intend to make precisely in order to give the Commission a new lease of life, in particular when drawing up that paper you might just bear in mind the point that Andrew Mitchell and Lord Sainsbury made about the differentiation between grant-giving and grant recipient organisations because that is not an insignificant issue that we have heard about on several occasions now.

  Mr Foulkes: Earlier on you agreed to submit one on how Scotland can manage on a penny farthing.

  Q806  Chairman: Do not omit Scotland!

  Ms Peacock: I will not.

  Chairman: I think there is the response that you are also making to Andrew Phillips in relation to McCall, so I am afraid there are four meaty issues just when you thought you were getting away. As you will find from tomorrow morning, Geraldine, there is no escape! Thank you very much for your evidence. It has been very, very helpful indeed.





35   Ev 229 (DCH 302) Back


 
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