Charitable Registration

Damian Hinds Excerpts

Tuesday 13th November 2012 Westminster Hall

[Mr Stewart Jackson (Peterborough) (Con)]

It is a pleasure to follow my hon. Friend the Member for Harlow (Robert Halfon), who made a typically robust and passionate defence, and I congratulate my hon. Friend the Member for Congleton (Fiona Bruce).

As has been said, the debate is about more than just an arcane analysis of section 17 of the Charities Act 2006. This is about a battle, about the secularisation of society and about calling a spade a shovel, which is quango activism. The Charity Commission has previous on this, in its class-based and politicised campaign to attack independent schools. The crucial question that we must ask is whether the present situation is what Parliament intended in 2006. Did it intend to undermine, attack and traduce the very salt of the earth, who reach out inclusively to help some of the most marginalised groups in society and get them to change their lives? I would never have voted for a Bill that I thought would do that. At the least, we are right to draw attention to the significant concerns expressed by the former Archbishop of Canterbury, Lord Carey, that what is happening is the beginning of a process of pushing Christians out of the public square and delegitimising Christian religion in the name of bureaucracy and process. I cannot be part of that.

[Damian Hinds (East Hampshire) (Con)]

Does my hon. Friend agree that the danger of part of that process might be the calling into question of denominational education—Catholic education and Church of England education—if the Charity Commission is going to stick by the point about the purpose not being simply for the benefit of the followers of the religion or teaching? The large Christian Churches will end up having to explain themselves to those faceless people.

[Mr Jackson]

My hon. Friend makes an intelligent point, as did the hon. Member for Stoke-on-Trent South (Robert Flello), who is not in his place. Are we really going to inflict a massive audit process on people who have better things to do: helping the most vulnerable people, in a practical, pragmatic way? There is an issue of fairness as well. Are we to sit by and let an unfashionable minority—a minority that in general people do not understand—be picked off by the apparatus of the state, with such asymmetry? If we are talking about public benefit, is it really a public benefit that my constituents’ taxes are effectively being used to hound people who do good in society? That is not a good use of those taxpayers’ money.

My hon. Friend the Member for Harlow made it clear that the Charity Commission has some serious questions to answer. As I said earlier, it undertook 20 public benefit assessments between 2009 and 2011, and we need at the very least to re-examine what those achieved and what the ultimate agenda is. It is wrong and inappropriate for the state apparatus to be used against the people whose great work in our communities we have all seen.

I will say just two more things, because others want to speak: we must have a moratorium on any more assessments, until we have properly clarified the law with Ministers, if necessary by way of primary legislation, so that we do not have a grey area between Parliament and the pernicious actions of the super-quango that decides it will cast people out and cause them not to be viable in their communities. That is imperative for the House. Also, it is time that the Attorney-General was invited to invoke his powers to sort out the situation in the interim. The issue is not just defending Christianity: it is defending all faith communities, and it is about fairness and equity. If parliamentarians are here for nothing else, we must defend those things.

--- Later in debate ---

[Mr Hurd]

That was a characteristically well made point, but actually the view that I have, as a Minister, on this individual decision is not relevant, for the reasons that I have just given. I am here to stand up for the commission’s freedom to take the decision, because that is the process that we have set up.

The second point is that, in exercising its functions, the Charity Commission is answerable to the courts. As many other hon. Members said, the Charity Commission’s decision not to register the Preston Down Trust has been appealed to the first-tier tribunal. As that decision is subject to an appeal, there is a limit to what the Charity Commission can say at the moment, and I hope that hon. Members will understand that there is a limit to what I can say in response to the debate, because I do not want, as a Minister, to be accused of trying to influence a tribunal.

[Damian Hinds]

If this had reached a point at which an attack was being made on the Church of England or the Catholic Church, would we still be saying that it is not right to question what the Charity Commission is doing and it is answerable only to the courts?

[Mr Hurd]

I am delighted to see my hon. Friend back on this side of the Chamber; I was worried for a moment when I saw where he was sitting earlier. I will deal with the specific point that he raises when I deal with the second part of the argument, which is: what are the wider implications of the decision?

I remind hon. Members that before the advent of the Charities Act 2006, it was generally considered that charities for the advancement of education, the advancement of religion and the relief of poverty benefited from a presumption of public benefit. The 2006 Act removed that presumption. The aim was to create a level playing field whereby all charities had to show their public benefit. As has been pointed out, the Act did not seek to define public benefit—we will return to that—but instead continued to rely on its common law meaning. It gave the Charity Commission the job—we should recognise that it is a difficult job—of producing guidance on public benefit, and promoting awareness and understanding of the public benefit requirement. One of the Charity Commission’s functions is to determine whether organisations that apply for registration are charitable in law. It is for organisations applying to show that they are charities, not for the Charity Commission to show that they are not.

Before the advent of the 2006 Act, the Exclusive Brethren were “excepted” charities and were not required to be registered with the Charity Commission. The 2006 Act required certain excepted charities to register with the commission. It is that change that has led to the application to register by the Preston Down Trust. According to the Charity Commission, its decision not to register the trust was based on the content of the application as it was presented. The commission says that it was not able to conclude that the Preston Down Trust was a charity in law based on the material that was presented to it in the application. The commission’s decision was explained in a letter dated 7 June. I can certainly place a copy of that letter in the Library of the House for hon. Members who do not have one.