New Clause 8
Charities Bill [Lords]
3:00 pm

Photo of Martin Horwood

Martin Horwood (Shadow Minister (Environment), Environment, Food & Rural Affairs; Cheltenham, Liberal Democrat)

I am grateful to the Minister for his comments. He needs to understand why the parliamentary ombudsman route is not available in practice for many charities. The independent complaints reviewer is not empowered even to recommend that the commission pay compensation  where a charity has suffered loss as a result of its practices. It also routinely refuses to take up cases where there is a legal possibility of pursuing the commission for compensation through the courts. In practice, that route is potentially ruinously expensive for charities and therefore not a realistic option, but it effectively bars them from going to the ombudsman.

The proof of the pudding is in what has happenedin the past decade. Since the introduction of the Charities Act 1993, the parliamentary ombudsmanhas investigated only eight complaints about the commission’s conduct, upholding three and recommending financial compensation in two cases. There are clear grounds for the new clause and the financial compensation powers that I am proposing. I hope that if I withdraw it, the Minister will reflect on the role of the independent complaints review and the possibility of strengthening its powers, making access easier and introducing powers of financial compensation.

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