Joint Committee on the Draft Charities Bill Written Evidence


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 The power is even wide enough to enable acts of parliament to be repealed.


 
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