Charities Bill [HL]

moved Amendment No. 37:"Page 20, line 13, leave out from ““which”” to the end of line 14 and insert ““is necessary for the protection of the property of the charity””" The noble Lord said: This amendment concerns the directions of the commission. The amendment deals with Clause 20. Subsection (2) of this clause specifies that the commission may direct charity trustees and employees to take action,"““which the Commission considers to be expedient in the interests of the charity””." The amendment replaces the last part of this subsection so that rather than the commission determining when the charities must take action when it—the commission—considers it to be expedient, it is determined by when it,"““is necessary for the protection of the property of the charity””." The amendment was brought to our attention by the Law Society and we believe that it is justified in thinking that it helps to ensure that the Charity Commission does not become involved in the administration of charities. The principle has long been established and is maintained in this Bill that the commission should not have the power to act in the administration of a charity. This clause, as drafted, would allow it to do so, albeit when it considers it expedient in the interests of the charity. Currently, that expression is used in the context of a test which must be used when deciding whether to confer powers on the trustees at the request of the trustees of a charity. This power substitutes the commission’s decision for the decisions of the trustees and, if to be conferred at all, should be conferred only when it can be demonstrated that it is necessary for the good of the charity that that should be done. It should not be for the commission to determine that a course of action is in the interests of the charity in place of the trustees. I beg to move.