HC Deb 01 July 1999 vol 334 c248W
33. Dr. Stoate

To ask the Attorney-General if he will make a statement on his responsibilities in relation to charities. [87912]

The Solicitor-General

The Attorney-General's responsibilities in relation to charities are historic and wide-ranging. The Attorney-General's function is to represent the Crown as parens patriae and so to act as protector, both of charity in general and of particular charities. It falls to the Attorney-General to institute legal proceedings to protect a charity and to represent the charitable interest. The Attorney-General is 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 objects of the charity.

In addition, the Attorney-General has the power to authorise ex gratia payments from charitable funds on moral grounds where such payments might otherwise amount to breaches of trust and he has power, by derogation from the Sovereign, to give directions under the Sign Manual as to the re-distribution of uncertain charitable gifts under wills.