DCH 243 AGE
CONCERN - NORTH TYNESIDE
June 2004
Alan Campbell MP
House of Commons
London
SW1A OAA
Dear Alan
Re: Draft
Charities Bill
Thank you for your letter dated 2 June
2004.
Age Concern North Tyneside has considered
the draft charities bill and attempted to answer the specific
question as raised in your letter.
1. We accept that the Bill is about
regulating charities not supporting them but we do not think this
is necessarily a bad thing. For those of us who deliver public
services we are already heavily regulated.
However we would ask that regulation
does not bring with it extra paperwork; additional demand with
no benefits to charity.
2. We are not convinced that the
new Charities Bill will make a lot of difference to public confidence.
There always has been regulation. Will the charities Commission
be given the additional resources to carry out adequate checks?
We accept the extra powers within the Act to regulate public collections
and standards of fundraising. We also know there will always be
villains. Will there be the resources to catch them?
3. We do not accept that the 12
new charitable purposes have changed anything. It has made the
original charitable purposes clearer. The two tests of charitable
criteria are acceptable.
i.e. 1. The 12 purposes
2. Public benefit
4. We
do not see much in the new Charities
Bill which would permit the charity
and voluntary sector to play a greater role in the delivery of
public services. There is currently only one new structure referred
to in (the Community Interest Company). We would want to avoid
anything that creates double duties as with the present charitable
limited company status.
5. We
don't feel qualified to answer this question
6. We believe trading activities
should always be operated as a separate activity to the charity.
7. We
would want more information to judge how adequate, workable and
beneficial the new corporate legal form (Charitable Incorporated
Organisation) would be.
There are specific points we would wish
to query or be clarified within the bill as follows:
The proposed new duty of care —
What is meant by this. Does it
mean there will
be a right of appeal?
Campaigning —
What would be considered "illegal
activities"?
Mergers —
Better advice on mergers is needed.
Standard clauses should be available
for changes to constitutions.
Information Returns
— League
tables would not be helpful to public. Standard reporting formats
can be misleading and misused.
Self-Regulating in Fundraising
— Statutory
regulation should be paid for by the government, not from charities
hard earned donations
Personal Liability
— Principals
look good on paper and give a right of appeal but how effective
will it be. Is the charity commission likely to overrule judges!
Yours Sincerely
Alma CaIdwell
CHIEF EXECUTIVE
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