Charities Bill [HL]

My Lords, I support my noble friend’s amendments in part. Amendment No. 14 with the proposal to leave out the words ““so far as relevant”” in new Section 1D(2)4 of Clause 7 seems appropriate. These words—I describe them as weasel words—seem unnecessary and provide an opportunity for people to avoid the principles laid out in that new section, so I have a great deal of sympathy with my noble friend’s amendment. The issue of Amendment No. 13 in inserting the word ““regulatory”” in the first line of new Section 1D(2)4 before the word ““functions”” seems less strong as the commission ought to have regard to the principles of best practice in all its functions, not just the regulatory ones. There are a number of functions it carries out, in particular the provision of advice, which it ought to consider, and in the light of the provisions of new Section 1D(2)4. So I am less happy about that. As regards Amendment No. 15, I was interested to hear my noble friend’s comments that the court was not able to take into account the fairness and reasonableness of the actions of the commission and that he believes that inserting these words would strengthen the position vis-à-vis the court. It originally occurred to me that maybe this was redundant given the pretty extensive provisions of new Section 1D(2)4, which contains the phrase:"““proportionate, accountable, consistent, transparent and targeted””." Therefore the addition of the words ““fair and reasonable”” was maybe superfluous. However, I feel that Amendment No. 14 has a great deal to commend it and I am pleased to support it.