My motion at May’s Full Council meeting ‘ That where the council donates tax-payer money to registered Charities, the council checks that the intended recipient is compliant with the Charity Act 2009. As per the Charity Regulator’s website-the larger the charitable organization the greater the level of detail required by the Charity Regulator. As a council we are duty bound to ensure tax-payers’ money is wisely and effectively distributed by allocating solely to organisations who comply with the minimum reporting requirements prescribed by law. (The council may wish to insert a monetary value or level at which the imperative to check compliance kicks in).
Report Issued by Tadhg McDonnell, Director of Service: The Charities Regulator, established under the Charities Act 2009, has, as its mission ‘To regulate the charity sector in the public interest so as to ensure compliance with the law and support best practice in the governance, management and administration of charities’.
The following general functions are some of those included in the remit of the Charities Regulator
· increase public trust and confidence in the management and administration of
charitable trusts and charitable organisations,
· promote compliance by charity trustees with their duties in the control and
management of charitable trusts and charitable organisations,
· ensure the accountability of charitable organisations to donors and
beneficiaries of charitable gifts, and the public,
· promote understanding of the requirement that charitable purposes confer a public benefit, ensure and monitor compliance by charitable organisations with the Charities Act, carry out investigations in accordance with the Charities Act,
The Charities Regulator has a database of charities who are on their system who have submitted annual reports and accounts and who have to continue to submit these annually, or risk losing their CHY number status. The Regulator advises that if a charity is not currently on the database it may be just because they have a serious backlog at the moment.
All Suppliers due to be paid by Kildare County Council are checked for tax compliance with the Revenue Commissioners prior to payments being issued. Where payments to a supplier (including a charity) exceed the €10,000 annual threshold (as set out by the Revenue Commissioners), the council seeks a Tax Clearance Certificate (or etax clearance credentials) or a valid Registered CHY number in the case of a Charity.