Memorandum from the Charity Commission
(DDB 88)
1. THE CHARITY
COMMISSION
1. The Charity Commission is established
by law as the regulator and registrar for charities in England
and Wales. Our approach is to regulate with the object of promoting
compliance with charity law and equipping charities to work more
effectively and efficiently. As part of promoting sound governance
we would expect charities to comply with equality legislation
and good practice. We recommend that charities encourage diversity
both in their work force and amongst their volunteers.
2. VOLUNTEERING
CONTEXT
The Institute of Volunteering has estimated
that 22 million people work for charities free in the United Kingdom
every year, contributing 88 million hours of their time per week.
There is a huge range of ways in which people volunteer both in
terms of the activity and the time commitment. For example this
can range from helping at a local parent teacher association jumble
sale to acting as the Chair of trustees for a large household
name charity.
3. RESPONSE TO
DISABILITY RIGHTS
COMMISSION PROPOSALS
The Charity Commission notes that you are seeking
views on the suggestion by the Disability Rights Commission (DRC)
that the Draft Disability Discrimination Bill be amended to cover
volunteers. From their submission to the Joint Committee it is
our understanding that the Disability Rights Commission are asking
for an enabling power within the Bill which would have the potential
to include or not include volunteers at a later date. The Disability
Rights Commission wants an enabling power in case good practice
is not proved sufficient. A statutory instrument would still be
needed to include volunteers within the Bill.
The Charity Commission would expect charities
to comply with good practice guidance on avoiding discrimination
against volunteers who are disabled. We would presume that the
Disability Rights Commission (DRC) would inform charities about
any good practice guidance. However, we would support the DRC's
recommendation for an enabling power within the Disability Discrimination
Bill as a back up measure, in order to protect volunteers and
support their continued contribution to the effectiveness of the
charitable sector.
The Charity Commission would only wish to support
secondary legislation under the following conditions:
— that the charitable sector are fully
informed and consulted about the shape of any proposed new duties;
— that there is a recognition of the
different types of volunteering and a proportionate approach to
regulation to take account of this; and
— that there is the right balance between
securing the rights of disabled people and imposing duties and
costs on charities.
February 2004
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