HC Deb 10 August 1916 vol 85 cc1361-4

It shall not be lawful to make any appeal to the public for donations or subscriptions in money or in kind to any war charity as hereinafter defined, or to raise or attempt to raise money for any such charity by promoting or taking part in any bazaar, sale, entertainment or exhibition, or by any similar means, unless the charity is registered under this Act and the approval of the committee or other governing body of the charity has been obtained, and if any person contravenes the provisions of this Section he shall be guilty of an offence against this Act:

Provided that this provision shall not apply to any collection at divine service in a place of public worship nor to any charity which may, subject to any Regulations made under this Act, be exempted by the registration authority from the provisions of this Section.

Mr. PENNEFATHER

I beg to move to leave out the words "committee or other governing body," and to insert instead thereof the words "the governing body or a committee or sub-committee."

This is so simple an Amendment and so thoroughly understood by the hon. Member in charge of the Bill that it is not necessary for me to say any words on the subject.

The UNDER-SECRETARY of STATE for the HOME DEPARTMENT (Mr. Brace)

I agree with the Amendment in substance and have put down an Amendment to the next line, which I believe meets the point of my hon. Friend altogether. Therefore, I hope that he will withdraw it.

Mr. PENNEFATHER

I ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Amendment made: After the word "obtained" ["of the charity has been obtained"], insert the words "either directly or through any person duly authorised to give such approval on behalf of such governing body."—[Mr. Brace.]

Mr. PENNEFATHER

I beg to move, after the word "obtained," to insert the words "in writing."

It is extremely important that the approval should be given in writing, not only in order that the person who receives the approval should have a document to show, but also in order to enable the charity itself, in some cases, to impose conditions. For that reason I hope the Government will accept the Amendment.

Mr. BRACE

I accept the Amendment. Amendment agreed to.

9.0 P.M.

Mr. PENNEFATHER

I beg to move, after the word "Section" ["any person contravenes the provisions of this Section"], to insert the words "or falsely represents himself as being an official or agent of a war charity."

Owing to the Amendment which has just been accepted by the hon. Gentleman in charge of the Bill, I think that instead of the word "an" before the words "official or agent" the words "duly authorised" sho.uld be put. I leave the matter to the hon. Gentleman in charge of the Bill.

Mr. BRACE

This is a good Amendment in substance, but it will be more in place in Clause 7. I have accordingly put down an Amendment to that Clause which will deal with the matter when we reach it. I understand that my hon. Friend would prefer to have the words "duly authorised" instead of the word "an," therefore when we come to Clause 7 I think I can accept the Amendment.

Mr. PENNEFATHER

On that understanding, I beg to withdraw the Amendment.

Amendment, by leave, withdrawn.

Mr. BRACE

I beg to move, at the end of the Clause, to add a new Sub-section, (2) This Section, so far as it relates to registration, shall not apply to any charity until the expiration of one month after the passing of this Act, nor pending the consideration by the registration authority of an application for registration made within such month. I will endeavour to make clear the effect of this Amendment in a sentence or two. It is that the bulk of the Bill will come into operation immediately on passing, and, as soon as Regulations are issued, applications for registration may be made under Clause 2. The provisions in Clause 1, however, prohibiting appeals, etc., on behalf of unregistered charities, will not operate until after one month has elapsed. This will give the registration authorities time to consider applications and prepare for the actual registration. Further, in the event of a registration authority being unable to deal with all the applications immediately, charities applying within one month for registration will be protected until the registration authority arrives at its decision. Lastly, these provisions will not delay the operation of the powers of the Charity Commissioners as regards doubtful charities proposed to be conferred by the new Clause down in my name.

Mr. PENNEFATHER

I congratulate the hon. Gentleman on a very excellent Amendment which greatly strengthens and improves the Bill, but I notice that in explaining it he used the expression "decision of the registration authority." The word in the Amendment is "con- sideration." I suggest that the word "decision" is much more appropriate. The words in the Amendment may mean a very great deal, or very little. We do not know when the consideration will come, but we know when a decision has been arrived at. I suggest that he should consider whether the word "decision" is not a better word.

Amendment agreed to.

Question, "That the Clause, as amended, stand part of the Bill," put,, and agreed to.