Charities (Hansard, 11 March 2004)

§ Mrs. Iris Robinson
To ask the Secretary of State for Northern Ireland if he will make a statement on legislative provisions on the monitoring and policing of companies registered as charities in Northern Ireland; and if he will propose amendments to Northern Ireland legislation to bring it into line with the rest of the United Kingdom in this regard. [158560]

§ Mr. Spellar
Only charities based in England and Wales are registered. The provisions for the monitoring and policing of charities which are also limited companies are the same as for those which are not.
In Northern Ireland:

the Inland Revenue deal with charitable status for tax purposes;

the PSNI can investigate any criminal offence alleged by or in connection with a charity;

the PSNI license street and house-to-house collections; and

the Department for Social Development can look at any dispute not involving criminal activity.
In Northern Ireland, most complaints about collections or criminal activity fall to the Police Service of Northern Ireland. The Department for Social Development will consider non-criminal complaints but, like the Charity Commission for England and Wales, cannot interfere in a charity's affairs where the trustees have acted properly (for example, where there is a dispute between trustees as to which of a number of equally legitimate policies should be pursued) or 1659W consider cases which concern disagreements between trustees or between trustees and members which can and should be settled by the trustees themselves (for example, over the details of the employment of particular staff or selection of beneficiaries).
The Government are currently considering proposed changes to the charities legislation in England and Wales and elsewhere with a view to deciding whether changes to the existing Northern Ireland charity legislation would be desirable. Any proposed changes will, of course, be the subject of public consultation as well as consultation with interested bodies.

§ Lady Hermon
To ask the Secretary of State for Northern Ireland (1) what plans he has to introduce a charity commissioner for Northern Ireland; [158888]
(2) what plans he has to bring the law governing charities in Northern Ireland into line with that in England and Wales. [158889]

§ Mr. Spellar
In Northern Ireland the systems for dealing with charities are different from those in England and Walesthe Inland Revenue deal with charitable status for tax purposes; the PSNI can investigate any criminal offence alleged by or in connection with a charity; the PSNI license street and house-to-house collections; and the Department for Social Development can look at any dispute not involving criminal activity.
In Northern Ireland, most complaints about collections or criminal activity fall to the Police Service of Northern Ireland. The Department for Social Development will consider non-criminal complaints but, like the Charity Commission for England and Wales, cannot interfere in a charity's affairs where the trustees have acted properly (for example, where there is a dispute between trustees as to which of a number of equally legitimate policies should be pursued) or consider cases which concern disagreements between trustees or between trustees and members which can and should be settled by the trustees themselves (for example, over the details of the employment of particular staff or selection of beneficiaries).
The Government are currently considering proposed changes to the charities legislation in England and Wales and elsewhere with a view to deciding whether changes to the existing Northern Ireland charity legislation, including the option of establishing a Charity Commission for Northern Ireland, would be desirable. Any proposed changes will, of course, be the subject of public consultation as well as consultation with interested bodies.