§ 32. Mrs. Linda Gilroy (Plymouth, Sutton)If he will make a statement on the grounds on which Law Officers intervene in charities litigation. [113404]
§ The Solicitor-GeneralThe Attorney-General's function in relation to charities is to represent the Crown and so to act as protector, both of charity in general and of particular charities.
It falls to the Attorney-General and to me to institute legal proceedings to protect a charity and to represent the charitable interest. The Attorney-General is also a necessary party to any litigation in which the objects of a charity need to be separately represented—for example, where the interest of the trustees do not coincide with the object of the charity.
§ Mrs. GilroyWill my hon. and learned Friend explain what happens if a gift is willed to a charity called Cancer Research, when no charity exists under that name?
§ The Solicitor-GeneralThere is a provision under which the sovereign, acting under the sign manual, can allocate moneys in such a case as that. That power has now been delegated to the Attorney-General and to me. If there is a general charitable interest such as cancer research, the Attorney-General or I can assign the moneys to charities with that interest. That is a very valuable power, and it is used regularly. People often will money to a general charitable interest such as cancer research, or to charities that no longer exist. If a general charitable intent can be found, we will allocate the money to an interest close to the original interest of the testator.
§ Mr. John Bercow (Buckingham)Is the Solicitor-General aware that his initial answer and his answer to the supplementary question from the hon. Member for Plymouth, Sutton (Mrs. Gilroy) were both very self-contained and intelligible only to a tiny minority of persons with a particular interest in a given case? For the general enlightenment of right hon. and hon. Members, would the hon. and learned Gentleman care to tell us in how many cases, either specifically or roughly, during the period in which he has held office Law Officers have had reason to intervene in charities litigation matters?
§ The Solicitor-GeneralI am sorry that the answer went over the hon. Gentleman's head. We intervene on a regular basis. For example, last week I appeared in the Court of Appeal in an important charitable case which will, I think, set the law for the future. It is a regular aspect of our work, involving, for instance, telling my hon. Friend the Member for Plymouth, Sutton (Mrs. Gilroy) how the testator's intention can be affected. It also involves, in some cases, important and large charities.