Clause 41
Charities Bill [Lords]
5:30 pm
Edward Miliband (Parliamentary Under-Secretary, Cabinet Office; Doncaster North, Labour)
The amendment is defective, I am sorry to say, but let me move on. Amendment No. 42 also specifies a minimum period of 28 days for unincorporated charities to provide notice of a general meeting at which a resolution modifying the powers or procedures of the charity is to be considered. Again, however, it is not for us in this House to impose on organisations the notice period for a general meeting. The commission’s model governing documents for unincorporated associations suggest a notice period of at least 14 days to members and trustees, unless all agree to a shorter notice period. However, the period may vary from one organisation to the next, so, in the interests of flexibility, I am not persuaded by amendment No. 42.
Let me turn to amendment No. 102, which stands in the name of the hon. Member for Cheltenham. We are all alive to the concerns that the Religious Society of Friends has expressed in relation to the clause—indeed, it recently sent me a letter on that very point. However, its concerns are misplaced, and I shall try to explain why. As drafted, clause 42 allows for a resolution to be approved by a decision taken at a general meeting without a vote and without any expression of dissent. However, the key point is that clause 42 allows for dissent in the debate, even though it requires a decision without dissent. That is perfectly consistent with the notion of consensus, which the Religious Society of Friends understandably thinks is important.
Proposed new section 74D(4)(b) of the 1993 Act says:
“by a decision taken without a vote and without any expression of dissent.”
I am assured—although I promise to check on this point—that the expression of dissent is taken to mean for the process of voting, not the previous discussion. I hope that hon. Members will accept my assurances on that point.