DCH 198 Memorandum from Mr Alan Milburn
MP
Draft Charities Bill Consultation
24th June 2004 - Darlington
Attendees:
| Name | Organisation
| Contact Details |
| Robert Williamson |
First Stop Darlington |
|
| David Brown | Latimer Hinks Solicitors
| |
| Sue Harston | Beaumont Hill School
| |
| Tricia Sharkey |
Beaumont Hill School | |
| Sharon Littlefair |
Fairhaven, St Cuthbert's Care |
|
| Margaret Harrison |
Darlington & District Talking Newspaper
| |
| * | Mohammed Sadiq
| Islamic Society of Darlington |
|
| Jo Bennett | Darlington Lionesses
| |
| Steve Rose | Darlington Partnerships
| |
| M Jebson | Branksome Residents Association
| |
| Ray Shaw | Corporation Road Baptist Church
| |
| David Gorton | Darlington CAB
| |
| Sue Davison | Community Partnerships Section - Darlington Borough Council
| |
| Nigel Sumerling |
RNIB, Darlington | |
| S Farrell | Darlington Bond Scheme
| |
| * | Chris Close
| Advocacy | |
| Lesley Compson |
Growing Older Living in Darlington |
|
| Richard Horniman |
Darlington Borough Council - Economic Regeneration
| |
| Jean Robson | Guide Dogs for the Blind
| |
| Linda Wood | Diabetes UK
| |
| Sue Stow | St John's (CIC)
| |
| Jackie Sawyer |
Victim Support | |
| Bill Chaytor | Clowbeck Children's Farm
| |
| Ken Evans | Assembly of God Pentecostal Church
| |
| John Leroy | Railway Housing Association
| |
| Name | Organisation
| Contact Details |
| * | Alan Hart |
County Durham Autistic Support Group |
|
| Ian Rogers | CRUSE Bereavement Care - Tees Valley
| |
| Derek Mills | St Teresa's Hospice
| |
| Cliff Evans | Durham Wildlife Trust
| |
| Helen Mills | Darlington Mind
| |
| Alison Hardy | All Saints Millennium Centre
| |
| Karen Wilkinson |
Relate | |
| Alan Watson | Darlington Lions Club
| |
| David Allen | Firthmoor Community Association
| 21 Pilmoor Green
Darlington DL1 4QJ
|
| Jack Bethell | Alzheimer's Society
| 401 North Road
Darlington DL1 3BN
|
| Monica Giggins |
Diabetes UK | 26 Saltersgate Road
Darlington DL1 3DX
|
| Mr Hare | Darlington Housing Association
| 25 Westbourne Grove
Darlington
|
| Don Fishwick | Arthritis Care
| 4 Huntershaw Way
Darlington
|
| * | Mel Baker |
Baptist Tabernacle | 5 Kirkfield Road
Darlington
|
| Charles Johnson |
Age Concern | |
| Alan Charlton |
Friends of Darlington Memorial Hospital |
|
| Ken Wiper | ED Walker Homes
| |
| Marion Pickersgill
| CRUSE Bereavement Care |
|
| Dave Donaldson |
Hospital Radio | |
| Barbara Wilkes |
Association of North Eastern Widows |
|
| Maureen Wood | Association of North Eastern Widows
| |
| Geoffrey Crute |
Age Concern | |
| * | Barry Birch
| Gay Advice Darlington |
|
Introductory Comments
Councillor Don Bristow:
Key points:
Two key aspects from the local authority perspective:
- To produce sustainable voluntary sector community.
- Division between national organisation organisations and small
local groups.
Where are we? What is the public perception?
- Ongoing discussions re funding and management across the voluntary
sector in Darlington.
- Territorial difficulties between voluntary organisations
- DBC viewed as patronising and using voluntary sector for its
own ends.
- Public view of voluntary sector as "tin rattlers"
on Saturdays.
The depth and variety of work in Darlington not recognised by
general public, or community at large.
Key factor was CVS presenting a report, which outlined the involvement
of volunteering in the community - 10,000 people involved in community
work. It is the largest "employer" in Darlington. It
provided a valuable lesson in Common Purpose.
As a result:
Darlington has a Voluntary Sector COMPACT, which will be signed
off on 15th July.
Volunteer Awards recently celebrated the work of volunteer teams
in Darlington.
Extensive consultation with Voluntary Organisation across the
town.
How do we profit from the newfound attention?
Public Value - any public service must be open, accessible, equitable,
and accountable and this value is applicable to the voluntary
sector also.
Ensuring the delivery of public value with working partnerships,
confidence in capability, who does what the best; break away from
traditional perceived roles.
Public don't care who does what as long as its done to a high
quality standard.
Funding - expenditure to be monitored sensitively. Local Authority
involvement in core funding to be streamlined.
Representative Structure which will be acceptable to the entire
voluntary sector - difficult to achieve but must be strived for.
Major contribution to developing trust in partnerships. Ensuring
funding to the right place at the right time.
Improved communications through COMPACT will be the catalyst for
future developments. It is DBC's intention to improve its working
arrangements with voluntary sector.
Alan Milburn, MP - Chair of the Joint Pre-legislative Scrutiny
Committee
Overall aim to put in place a national legislative framework to
benefit charities across the board. The draft Bill was published
in May 2004 following extensive consultation with the voluntary
sector. The draft Bill is placed before the PLSC for further
consultation and evidence received to inform any recommended amendments
to Government.
Purpose of Consultation:
To hear the views of participants today, concerning the draft
Bill and whether they feel it will make life easier for charities.
Key elements to make job easier:
- Culture changes as to who provides what
- Level playing field for the whole Sector enabling stability
in funding, spend time on key activities and development. Enable
organisations to be grounded in local communities.
- Formalise legal regime for the Sector.
Main provisions in the Draft Bill:
1. Definition of Charity to be extended to 12 activities
- prevention of poverty, advancement of education, religion, health,
citizenship/community development, arts/heritage/science, amateur
sport, human rights, environmental protection, relief of need,
advancement of animal welfare, and any other purposes.
2. Becoming a charity incorporates a new test of public
benefit e.g a sports club may satisfy the charity definition
but can it prove its activities are to the public benefit?
3. Mergers - merging charities will be made easier
under the proposals. Endowment income from bequests will be more
flexible for charities to spend.
4. Change of Regulation of Charities: two tier regulation.
Charity Commission will deal with registration
Independent Charity Appeal Tribunal will deal with disputes.
5. Legal Form - charities will no longer be required
to "double" register, once
with the Commission and again with Company House for Company
Limited by Guarantee status. A new organisation known as a Charitable
Incorporated Organisation will be created.
6. Fundraising: the Bill proposes to change fundraising
arrangements. More regulation of face to face activity e.g direct
debits in the street.
Not in the Bill:
7. How charities are treated in tax law e.g. rate relief
8. How charities trade? E.g. Oxfam who have two "arms"
for activity and trading.
Test is three fold:
Is this bill going to make life easier for local organisations
in communities?
What is said in theory, will it stack up in practice?
Is this Bill increase charitable endeavour, increase volunteering,
increase public giving to charities?
IS IT GOING TO WORK?
COMMENTS:
David Brown
Latimer Hinks Solicitors
Advancement of Amateur Sport definition implies physical activity,
how will this be dealt with? Who will decide upon definitions
e.g. 'fishing, shooting and hunting are sports the rest are games'?
Gordon Pybus
Darlington Association on Disability
Charitable Incorporated Organisations - left to the Secretary
of State to set figures?
Will the Secretary of State set requirements for registration
and audit of accounts?
Steve Rose
Darlington Partnerships
There are two different functions for charities those, which give
money, and those, which provide services. Should the Bill consider
the distinction between these two types of charity?
Mohammed Sadiq
Darlington Islamic Society
Do organisations have to re-register to comply with any new Act?
How will the Bill tighten the legislation to combat fraud?
Charles Johnson
Age Concern Darlington
Trading - positive about beneficial trading.
Operationally regulation and inspection is becoming onerous on
organisations providing contracted services. Increased staff costs
and compliance costs.
Revd Robert Williamson
First Stop Darlington
Need for clear, plain English. Reduced use of jargon - glossary
of terms for ease of use.
Norma Town
St Matthews & St Lukes Church
6 key questions:
a. VAT Charges in relation to smaller charities. Will these
be dropped?
b. Regulation should endeavour to be not too prescriptive.
Larger charities should consult more meaningfully and widely where
changes are going to affect those they are serving or benefiting.
c. If, in future, employers are to be asked to contribute
to their employees pensions, account should be taken of charities
funded by trusts, small charities.
d. That Charities Aid be retained but that ways and means
be found of making it more easily accessible to the public.
e. That the Charities Commission ensure greater accountability
between areas of benefit and the charities concerned with such
areas and endeavour to ensure inclusion rather than exclusion.
f. That trading should not become part of a charity's activities.
Barry Birch
Gay Advice Darlington
Trading - how can we involve trading in the bill in such as
way to set limits for certain activities to be included for charities
e.g. up to £10,000, £10,000-50,000 and so on.
Charities could encourage local trading to raise funds.
What is trading? A definition is required.
Chris Close
Advocacy
Need for organisations to be open and accountable.
Double registration protects charities from failing trading.
Need for third option setting thresholds of trading activity.
Protection for Trustees is good element of the draft Bill.
Public Benefit will cause problems need for clear
definitions otherwise a lot time and money will be wasted in the
Courts.
STRAW POLL conducted gave a 50:50 opinion regarding
charities trading.
Barbara Wilkes
Association of North Eastern Widows
Need to regulate "professional" fundraisers.
Aggressive attitudes and need to be able to verify who they are
collecting for.
The limits for registration will need reviewing regularly
to ensure that it keeps up with inflation.
Ken Wiper
ED Walker Homes
Trustees Remuneration - will it be more difficult
to attract volunteer trustees, if trustees can be paid. What
is the thinking behind this?
Monica Giggins
Diabetes UK
Any legislation proposed for limiting expenses costs
for charities. Declaring the amount of a donation used for the
charitable purposes rather than costs.
Helen Mills
Darlington MIND
Possibility of loans to charities will increase the
need to trade. How will this be addressed?
Derek Mills
Darlington Town Mission
OICs - will this be easy way of unincorporated organisations
to be corporated and limited by guarantee. Will this protect charities.
Andy Hart
County Durham Autistic Support Group
Positive view of Darlington COMPACT but not of the
draft Bill.
Do we have to re-register?
Presentation of Accounts?
Ignores small groups.
Geoffrey Crute
Age Concern Darlington
Trading
- government and local authorities are urging more
service delivery through contracts with voluntary organisations.
- is work within bounds of charitable objects.
Fundraising
Need code, which is crosscutting for all to regulate
activity.
Mel Baker
Baptist Tabernacle
Affiliate bodies with national headquarters - what
will happen to excepted charities covered by national trustee
bodies?
Marion Pickersgill
CRUSE Bereavement Care Tees Valley
Duplication of cross charitable aims and purposes.
Will the Bill address these issues?
Ken Evans
Assembly of God Pentecostal Church
How do we put new test of public benefit on religious
organisations?
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