DCH 165 Cannon Martin Lee
SUBMISSION TO THE SCRUTINIES UNIT AT
THE HOUSE OF COMMONS REGARDING THE DRAFT CHARITIES BILL 2004
1. I am the Financial Officer for the Roman Catholic
Diocese of Southwark, a registered charity. I am writing to register
some concerns which I believe should be addressed and resolved
before the Bill is put to parliament and legislation enacted.
2. I am not an expert in legal matters and it
may be that my points are redundant or ill-informed. I have not
had time to take proper advice on the matters I am commenting
on prior to the deadline of 21st June 2004.
3. Exempt Charities - Section 23 Para 1 of the
School Standards and Framework Act 1998 establishes that the Governing
Body of any Voluntary School is an exempt charity. Section 23
para 2 also establishes as an exempt charity any institution enlisted
by such a Governing Body for purposes of the School.
4. Under the 1960 and 1993 Charities Acts as
I understand them, a Body can only register with the Charity Commissioners
as a charity if all its objects were charitable. It seems to
me under the draft Bill that this requirement is now made a condition
of being a charity of any kind whatsoever, rather than simply
a requirement of being registered as a charity with the Charity
Commissioners. Now the Governing Body of a Voluntary School does
not have objects all of which are wholly charitable. As well
as the activities envisaged under Section 23 of the School Standards
and Framework Act 1998, Governing Bodies of Voluntary Schools
in common with Governing Bodies of Community Schools which are
not charities, all have delegated budgets - School Standards and
Framework Act 1998 Section 49 Para 1. The Governing Body of the
School spends the budget as the authority's agent - Section 49
Para 5 (b). Not only however do Governors act as agents for the
LEA in spending the budget, they have furthermore the right to
manage the School's budget - Section 49 Para 7(a). This is further
developed in Section 50 Para 3. Therefore by shifting the significance
of wholly charitable purposes from the question of registering
a charity to the main being of a charity itself, the draft Bill
would appear to put a threat to the very existence of Voluntary
Aided Governing Bodies as charities.
5. I am aware of section 1, subsection 2 of the
draft bill, but I am unclear whether the wording covers this case.
6. I turn to the question of presumption of public
benefit. The Roman Catholic Diocese of Southwark has a consolidated
Trust Deed which establishes a registered charity. If the Diocese
is going to be required to establish its existence as a charity
is of public benefit, then perhaps it is time the law in England
accorded some official recognition to Roman Catholic Dioceses.
The following two pages contain quotes from parliamentary exchanges
on this topic.
Appendix :
Quotes from Hansard
7. Monday 18th May 1992
PRIME MINISTER
Roman Catholic Church
Mr. Peter Bottomley : To ask the Prime Minister if
he will now make it the policy of Her Majesty's Government to
accord the same degree of official recognition to the territorial
sees and titles of the Roman Catholic Church in England and in
Wales as is accorded to the unestablished Anglican churches outside
England ; and if he will make a statement on the situation in
Northern Ireland.
The Prime Minister : Official recognition for Roman
Catholic territorial titles was precluded under Acts of 1829
Column 6
and 1851, the penal provisions of which were repealed
in 1871 and 1978. Since it was raised with me by Sir Hugh Rossi
in the last Parliament I have been looking sympathetically at
the matter and my right hon. and learned Friend the Home Secretary
will now be consulting the relevant Church authorities about the
practices to be adopted in future.
8. Thursday 10th December 1992
Sees and Titles
Mr. Peter Bottomley : To ask the Prime Minister (1)
pursuant to his answer to the hon. Member for Eltham of 18 May,
Official Report, column 5, whether the consultation of Church
authorities includes the Catholic Bishops Conference of England
and Wales ;
Column 748
(2) what changes he proposes to official recognition
of territorial sees of the Roman Catholic Church in Scotland or,
in so far as restrictions apply, in Northern Ireland ;
(3) when he expects to propose changes to official
recognition of territorial sees and titles of the Roman Catholic
Church in England and Wales.
The Prime Minister : Consultations with Church authorities
and others about the official recognition of Roman Catholic territorial
designations within the United Kingdom are making good progress
but have not yet been completed. We shall be seeking the views
of the relevant Roman Catholic authorities as part of that consultation.
9. Monday 14th December 1992
HOME DEPARTMENT
Sees and Titles
Mr. Peter Bottomley : To ask the Secretary of State
for the Home Department (1) when he expects to conclude consultation
with the Roman Catholic Church on the official recognition of
territorial sees and titles ;
(2) if he will give a summary of action taken on
consultations following the Prime Minister's statement on 18 May,
Official Report, columns 5-6, about the consideration of official
recognition of territorial sees and titles of the Roman Catholic
Church ; (3) if he will make a statement on progress towards official
recognition of territorial sees and titles of the Roman Catholic
Church.
Mr. Charles Wardle : I refer my hon. Friend to the
reply he was given by my right hon. Friend the Prime Minister
on 10 December, at columns 753-54.
Mr. Peter Bottomley : To ask the Secretary of State
for the Home Department what representations he has received in
opposition to official recognition of territorial sees and titles
of the Roman Catholic Church.
Mr. Charles Wardle : This department has received
two letters expressing concern about the possibility of greater
recognition being afforded to Roman Catholic territorial sees
and titles.
Catholic Bishops Conference
Mr. Peter Bottomley : To ask the Secretary of State
for the Home Department when he provided a substantive reply to
the letters dated 16 July and 7 October from the Right Rev. Monsignor
Philip Carroll, General Secretary of the Catholic Bishops Conference.
Mr. Charles Wardle : An interim reply was sent on
28 July. My right hon. and learned Friend hopes to be in a position
to respond to the substantive points raised in those letters very
shortly.
10. 17 Nov 2003 : Column 687W
Discrimination (Catholic Subjects)
Mr. Gummer: To ask the Secretary of State for the
Home Department (1) what restrictions upon Her Majesty's Catholic
subjects are contained in legislation for which his Department
is responsible; and whether he intends to introduce legislation
to repeal them as part of the new legislation against religious
discrimination. [137816]
(2) whether he intends to introduce legislation to
remove discrimination against Catholic subjects of the Crown;
and if he will make a statement; [137817]
(3) if he will make a statement on his policy towards
the enforcement of laws that discriminate against Her Majesty's
Catholic subjects. [137818]
Fiona Mactaggart: I will write to the right hon.
Member about the matters he has raised.
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