§ 7. Mrs. Patsy Calton (Cheadle) (LD)How many instruments giving effect to changes to objects of charities were subject to (a) negative procedure and (b) affirmative procedure in Parliament in each of the last five years. [142091]
§ The Parliamentary Under-Secretary of State for the Home Department (Fiona Mactaggart)The numbers of instruments giving effect to changes to objects of charities subject to negative resolution procedure were one in 1998, one in 1999, five in 2000, two in 2001, one in 2002, which was subsequently withdrawn, and two in 2003. There were no instruments subject to affirmative procedure during that time.
§ Mrs. CaltonWhat checks are made as to the accuracy and legitimacy of statutory instruments laid in that way? A subsequently withdrawn instrument in 2002 concerning Cheadle royal hospital contained substantial inaccuracies that were passed on by the Charity Commission, and the charity concerned was involved in the disposal of millions of pounds of charitable donations that have gone into public and private ownership. I am concerned that we still have no idea of the likely income to be obtained from the remaining assets.
§ Fiona MactaggartThat is a matter for the Charity Commission, as the non-ministerial Department responsible, but I pass on the thanks of the commission and of my predecessor to the hon. Lady for drawing the failures in the instrument to the notice of the House and the commission. Her determination to intervene has meant that the matters have begun to be resolved. She will be aware that there is a draft new instrument—she has been sent a copy—to ensure that those failures do not continue in any future instrument. She asked whether I could be satisfied that there was no continuing flaw in the administration of the body. The matter has been drawn to the attention of Greater Manchester police and the Charity Commissioners. The matter has been investigated by forensic accountants, who are confident that there is nothing about which we should continue to be concerned.
§ Sir Sydney Chapman (Chipping Barnet) (Con)Will the Under-Secretary confirm that the Government will 767 be proposing a charities Bill in this Session of Parliament? If so, will the Bill address the abuse of power that the Charity Commissioners exhibit from time to time? I can give a personal example. Will she ensure that there is provision in the Bill to allow charities to appeal against a decision requiring them to cease functioning immediately as a charity?
§ Fiona MactaggartI can confirm that we will be publishing a draft Bill and that it will contain a mechanism for appealing against the decision of the Charity Commissioners to a special tribunal.