DCH 159 Bristol Baptist College
Draft Charities Bill
Submissions to Joint Committee of Houses of Parliament
on behalf of Thomas Heiwys Centre for the Study of Religious Freedom
based at Bristol Baptist College.
1. Careful consideration needs to be given to
the proposed removal of the presumption that an organisation for
the advancement of religion exists for the public benefit. Under
the present law this presumption may be rebutted if the organisation
in reality only exists for private benefit or the religious beliefs
to be propagated are considered to be contrary to the general
understanding of public morality. How are the Charity Commission,
or the courts, going to judge whether a religious organisation
will provide public benefit?
2. Will an organisation which seeks to provide
an opportunity for public worship always pass the test? Would,
for example, a village church which had a very small congregation,
be judged not to provide a public benefit?
3. Will the Charity Commission have to make a
judgment about the practice or beliefs of a religious organisation
in order for it to pass the test of public benefit? If a religious
organisation is formed to actively convert persons of other faiths
(for example, the conversion of Muslims to the Christian faith,
or visa versa) will this be judged to be for the public benefit?
4. The proposed powers for the Secretary of State
(Clause 45 (3)) are too wide. Under these powers the Secretary
of State could define by regulation which religious organisations
qualify as charities. The power is even wide enough to enable
acts of parliament to be repealed.
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