Mr. Michael J. FosterTo ask the Solicitor-General if he will make a statement with regard to his role in relation to charities. [93418]
The Solicitor-GeneralThe Attorney-General's role in relation to charities is wide-ranging and of historic origins. The Attorney-General's function is to represent the Crown asparens 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. He also has the power, by derogation from the Sovereign, to give directions under the Sign Manual as to the re-distribution of uncertain charitable gifts under wills.