Madam, - I understand that changes to the charities regime are being considered. Overhaul has long been overdue.
Charities benefit from tax advantages, eg on donations and bequests. "Charitable status" thus impacts on public finances, and does not come for free.
While many charities are an essential part of a just society, it needs to be kept in mind that their contact is limited to that part of society which is not functioning properly.
Some charities, too, place a liberal interpretation on the key phrase "charitable purposes only". They feel this entitles them to play a role in endeavouring to influence changes in the law on issues of concern to them, eg, VAT rates.
While charities are expected to comment, the proposal in the Bill to preclude them from engaging in political lobbying is welcome.
The making of changes for the benefit of the community as a whole, both the functional and the dysfunctional, is what we elect TDs for.
However, a matter of even greater concern does not appear to be addressed in the Bill.
This is where charities (and also grant-aided organisations) are seeking to change Bunreacht na hÉireann, using, indirectly, the taxpayers' own money to influence the outcome.
An example is the Children's Rights Alliance (CRA). The aim of the CRA is to secure in Ireland the implementation of the UN Convention on the Rights of the Child: a prerequisite of this is the changing of the Irish Constitution. Most of the CRA's 80-odd members are either charities, or are grant-aided by the exchequer, or are both, eg St Vincent de Paul and Barnardo's. The people would thus be funding a campaign to influence themselves.
Changing the Constitution is a prerogative of the people, alone. In McKenna v. An Taoiseach (1995) a majority of the court held that the Government's use of taxpayers money to promote a Yes vote was an interference with the democratic process and an infringement of the concept of equality which is fundamental to the democratic nature of the State. At issue there was the payments to newspapers and the printing of leaflets.
I see little difference between giving money directly to a newspaper, etc, and giving it through the charity process, knowing that part of that money may well be used for purposes which are illegal if given directly by the Government.
If anything, giving taxpayers' money in this way is more surreptitious.
In view of the upcoming referendum on children's rights, charities (as well as grant-aided bodies) should be precluded from engaging in campaigning, as well as political lobbying, on issues of concern to them. - Yours, etc,
DONAL O'DRISCOLL,
Dargle Rd,
Blackrock,
Co Dublin.