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Charities Bill [HL]

My Lords, I think we had degrouped the amendments, but, in the spirit of harmony which should always guide our proceedings, I am quite happy to speak to Amendment No. 2 and my Amendment No. 2A alongside the other amendments in this group, because, as the Minister pointed out, they are both concerned with Clause 2, which defines the meaning of ““charitable purpose””. We have no problem with Amendments Nos. 1 and 3, but we have tabled a further amendment to Commons Amendment No. 2. Amendment No. 2, as drafted, sets a double test for a sport to be charitable. Not only must it involve physical or mental skill or exertion, but also it must promote health. Our amendment would remove the test of promoting health from the definition of charitable sports. As the Minister pointed out, the Government have already amended this clause considerably. Effective lobbying, of which we have all been recipients, has taken place from the Chess Federation and so on. Despite this, the amendment as proposed is flawed. The promotion of health requirement is very difficult to prove and can be contradictory. It sets a double threshold for charitable status which may well prove too high for some very worthy potential recipients. It is also superfluous. The public benefit test, as laid out in Clause 3, combined with proof of some sort of mental and physical exertion, should surely be more than adequate for the Government’s purposes. Several comments were made in the debate in another place about the difficulty of proving a health benefit. We have so far heard or seen nothing to explain exactly what standard of proof will be needed. If we are not to proceed with our amendment, it would be helpful if the Minister could explain how the Charity Commission proposes to assess studies purporting to show health benefits. Numerous reports have appeared in the press which suggest that certain mental exercises, including sudoku and others, may help delay the onset of Alzheimer’s disease, yet the Alzheimer’s Society’s website makes no mention of this or other mental exercises. There is no conclusive proof either way. This is tricky territory that depends on medical advice, which will often be contradictory. Why do we have to land the Charity Commission with this difficulty? The test is also inherently contradictory for many sports. One needs only think about boxing and other martial arts to see that the practice of these sports can both promote and damage one’s health. The training needed to excel is no doubt good for you, but the injuries that occur routinely in the fights surely are not. It is possible to be extremely fit, and yet not to be healthy. The high levels of serious injuries and long-term health problems that afflict our most accomplished sportsmen and women would bear that out. Our amendment would resolve all these contradictions and confusions and come to the Minister’s aid. The Government's view that sport is only a good thing because of the health benefits it brings is extraordinary. Religious organisations and those whose purpose is education may now have to prove public benefit, but they are not being asked to prove that they directly improve job opportunities or personal morality, or reduce crime. Why is sport considered less intrinsically beneficial? Why do the Government consider the many skills and traits that sport encourages, such as personal motivation, self-confidence and team work, irrelevant?