Public Schools (Hansard, 7 January 2003)

§ Beverley Hughes

I have been asked to reply.

The Cabinet Office report, "Private Action, Public Benefit", was published on 25 September 2002. Its 61 recommendations set out a package of measures which aim to modernise charity law and enable a wide range of organisations to be more effective and innovative.

The report recommends that in future all charities should have to demonstrate public benefit. Part of the report considers what happens now with those charities that charge fees which serve to exclude large sections of the population in terms of their having to make provision for wider access for those who would be excluded because of the fees. The report cites the example of independent schools.

At present there is no systematic programme in place to check the public character of charities. The report recommends that an on-going review programme run by the Charity Commission should check the public character of such organisations. It is proposed that the commission would identify charities likely to charge high fees (such as independent schools) and undertake a rolling programme to check that provision was made for wider access. This programme will be designed to minimise red tape and will not focus on any particular sector. Short returns will be issued which ask charities what they do in terms of widening access, such as making provision for sharing facilities. It is envisaged that for the majority of cases no further inquiry will be necessary beyond the initial return.

It is proposed that the Charity Commission, in consultation with charities likely to be affected and their umbrella bodies, would issue guidelines as to the level of access appropriate in particular circumstances.

Of course at the moment these are only proposals. The report was out for consultation until 31 December 2002, and we shall consider the responses to this, and all the other matters addressed in the report, very carefully.