New Clause 6
Charities Bill [Lords]
2:30 pm

James Duddridge (Rochford and Southend East, Conservative)
I beg to move, That the clause be read a Second time.
It is a pleasure as always, Mr. Gale, to serve under your chairmanship. I wish to be brief but I shall touch on the matter, which I raised on Second Reading, of people with learning disabilities being unable to serve as trustees. I have had an awful lot of conflicting advice, despite the reassurances on Second Reading that such people could stand. One of my researchers phoned the Charity Commission yesterday and explained the problem, and the Charity Commission said, “Yes, absolutely, people with disabilities can stand as trustees.” My researcher asked, “People with learning disabilities?” and the reply was, “No, definitely not.” The commission then said that maybe they could. We need more clarity.
The matter seems to hang on the words:
“A trustee shall cease to hold office if he or she becomes incapable by reason of mental disorder, illness or injury of managing his own affairs.”
That is quite an old-fashioned, paternalistic and pejorative view of people with disabilities. Even if he cannot support the new clause, it would be good if the Minister could find some way to support the underlying principle.
