Charities Bill [HL]

Lord Ponsonby of Shulbrede Excerpts

Monday 10th January 2022 Lords Chamber

[Baroness Barker (LD)]

My Lords, I wish to add my name to the sentiments that have already been expressed. I particularly thank the many people, in different roles, who came together to bring this piece of legislation to our attention, after such a long time and a lot of work. This House prides itself on its detailed scrutiny of Bills, and this is the place in which a Bill such as this should have been given the attention that we gave it.

I regret that we did not manage to agree on the subject raised by the noble Lord, Lord Hodson of Astley Abbotts, which remains an outstanding piece of technical law and a very important point of charity law. It will have an impact on the Charity Commission, as the regulator of charities, to do its job. I do not imagine that that issue will come before Parliament for a very long time, but I hope that those who have followed our proceedings will not let it go.

Secondly, one other very small issue was drawn to our attention by one of our witnesses during our session: the operation by the Crown law officers and the Attorney-General of an alternative cy-près scheme. Legislation does not come much more obscure than that, but this is an issue that, on this occasion, we could not probe fully. I hope that that will happen when this goes to another place and, more importantly, that when the practitioners and people in the charity sector come to reflect on our work, as they will do in years to come, they will regard those two points as unfinished business. But, in the meantime, I thank everyone, including the Minister, for his patience with all of us—we lobbed some very difficult questions at him.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I echo the sentiments that have been expressed across the House. I particularly thank the noble and learned Lord, Lord Etherton, for chairing us so ably. I think that I am right in saying that all of us who participated in Committee had never done so for a Law Commission Bill before, so it was a learning experience for all of us. But the noble and learned Lord, Lord Etherton, is undoubtedly an expert—some would say a leading expert—in this field, and the whole House has benefited from his expertise.

From the experience of my wife, who works in the charitable sector, I know just how lengthy and wide the consultation has been on this Bill over many years. While there are some loose ends, as expressed by the noble Baroness, Lady Barker, this is nevertheless a piece of legislation that the whole House can be proud of. I hope that the impact of the Bill will remain in place for many years to come.

[Lord Parkinson of Whitley Bay (Con)]

I am grateful to all the noble Lords for their comments. As the noble Baroness, Lady Barker, said, charity law can be very complex—not just for legislators but for the charities and organisations that it affects, especially those that do not regularly have access to legal advice. There is a duty on legislators to make the law as accessible as possible, while probing the issues that we have. I agree with the noble and learned Lord, Lord Etherton, that the expert advisers who gave evidence to the committee have helped us to do that and that the Bill has been improved because of the work of the committee and your Lordships’ House.

The Bill leaves this House in very good shape. As I say, it will make a big difference to those who run charities and the many great causes that they support. So, with renewed thanks to all involved and repeating the noble and learned Lord’s thanks to the clerk of the Special Public Bill Committee, Alasdair Love, I beg to move that the Bill do now pass.