Regulator publishes fundraising guidelines for charities

Chief says ‘there’s no point in smothering people’ with ‘too much’ regulation

The Charities Regulator has published a set of fundraising guidelines which it says are “a significant step forward” in restoring confidence in Irish charities.

The guidelines cover a range of issues including donors, donations, the responsibilities of trustees, management and fundraisers as well as financial transparency and accountability.

They are a “benchmarking document,” the regulator’s chief John Farrelly said at the launch in Dublin on Thursday morning.

Mr Farrelly, who took up the role as head of the Charities Regulator in May 2016, said he doesn’t want “too much” regulation adding “there’s no point in smothering people”.

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“I suppose in a way I’m happy to take criticism we haven’t issued enough because we’re not going to be issuing loads of guidelines, just enough so that the trustees and staff can do their duty,” he said.

“Over the next year, we will work with the Minister [Michael Ring]and his officials to commence and implement proportionate accounting and reporting regulations. This will actually drive a new era of transparency.”

Under the guidelines, trustees must keep “proper books of account” which correctly record and explain transactions, ensure the charity reports annually to the regulator and that internal financial control procedures are in place so funds “are used effectively and to minimise the risk of funds being misused”.

The guidelines also set out that all personal data must be collected fairly and lawfully and information which can be identified or attributed to one or more individuals “must be treated as confidential”.

‘Get rid of the rogues’

In terms of fundraisers, the guidelines say they should not “unreasonably intrude” on the privacy of those from whom donations are being solicited and must state the purpose for which funds being collected will be used.

“The guidelines are for all charities but they’re divided up in a way that the trustees can pick the relevant section relevant to their charity,” Mr Farrelly said.

“So for example, the cash collection and donations, that will be relevant to all small charities if they do cash collections.

“The data protection bit won’t be relevant to the small charities that don’t do it but the big charities it’s absolutely important. The idea is that trustees have a look at these guidelines and make sure they’re adhering to them.”

Minister for Rural and Community Development Michael Ring said better regulation would "get rid of the rogues that caused the problems in relation to charities in this country".

“I won’t speak on any individual case today but we were all disappointed with what we saw happening over the last number of years,” he said.

“Sometimes government and the State can’t do everything and we need charities to pick up the gaps and that’s what charities do, they actually pick up the gaps.”

Minister Ring added if people are collecting money for charity “we must know where that money is going”.

“We must be sure that it’s going to the charity, there has to be some regulation.”

A report from the Regulator earlier this week revealed seven shops have stopped marketing themselves as charity outlets after it was discovered they were not registered.

“If people see a shop that they think is a charity shop, but is not part of a registered charity, they should let us know and we will step in,” Mr Farrelly said.

“You can see the public are hungry to help registered Irish charities, they’re looking for integrity.”

Sarah Burns

Sarah Burns

Sarah Burns is a reporter for The Irish Times