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Answering member
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Lord Taylor of Holbeach
Type
House
Session
Year
Department
Member
Primary member
Answering member
More
Taylor of Holbeach, Lord (22)
Legislative stage
Legislation
Subject
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Publisher
To ask Her Majesty’s Government whether the Home Office consulted the Department for Education and the Charity Commission about the impact of the Immigration Bill on charities; and if not, why not.[HL5318]
To ask Her Majesty’s Government whether the Home Office consulted the Department for Education and the Charity Commission about the impact of the Immigration Bill on charities; and if not, why not.[HL5318]
Asked by
Lord Hylton
(Crossbench)
Answered by
Lord Taylor of Holbeach
(Conservative)
Type
Written questions
Status
Answered
Answered on
25 February 2014
During the development of the Immigration Bill there have been and continue to be many discussions across government departments including with Department for Education. Furthermore, several of the key elements in the Bill were subject to public consultation including proposals relating to migrant access to health, private rented
accommodation, illegal working and family migration. A significant proportion of respondents were charities. There were also further discussions with individual charities that had an interest in specific parts of the Bill. It has not therefore been necessary to consult directly with the Charity Commission, which was able to participate in the public consultations along with any other organisation which wished to do so.
Legislation
Immigration Bill 2013-14
Subjects
Charities; Charity Commission; Department for Education
Date
25 February 2014
Reference
HL5318; 752 c247WA
House
House of Lords
To ask Her Majesty’s Government what evidence they have as to the effect of frequent changes to the Immigration Rules on charities and lawyers that help with immigration applications.[HL5230]
To ask Her Majesty’s Government what evidence they have as to the effect of frequent changes to the Immigration Rules on charities and lawyers that help with immigration applications.[HL5230]
Asked by
Lord Lester of Herne Hill
(Liberal Democrat)
Answered by
Lord Taylor of Holbeach
(Conservative)
Type
Written questions
Status
Answered
Answered on
25 February 2013
The Government are aware of the cumulative impact on charities and lawyers which frequent changes in the Immigration Rules may have. Over the past two years, the Government have made major reforms to the work, study and family immigration routes to bring net migration to the UK back towards sustainable levels and restore public confidence in the immigration system. While
we will make further adjustments where these are needed to achieve the Government’s objectives, we anticipate that, with the principal measures now in place, there should be a period of relative stability in policy and therefore in the Immigration Rules. However, we will need to make rules changes where policy change is desired, where legal judgments require or where stakeholders have raised practical issues. The Government will endeavour to ensure this is done in an orderly manner.
Subjects
Charities; Legal profession; Immigration
Date
25 February 2013
Reference
743 c237WA; HL5230
House
House of Lords
To ask Her Majesty’s Government which regulators of exempt charities have signed memoranda of understanding with the Charity Commission.
To ask Her Majesty’s Government which regulators of exempt charities have signed memoranda of understanding with the Charity Commission.
Asked by
Lord Hodgson of Astley Abbotts
(Conservative)
Answered by
Lord Taylor of Holbeach
(Conservative)
Answering body
Charity Commission
Type
Written questions
Status
Answered
Answered on
18 May 2011
The information requested falls within the responsibility of the Charity Commission for England and Wales. I have asked the commission to reply:
Letter from Sam Younger, Chief Executive, Charity Commission, to Lord Hodgson of Astley Abbotts, dated 13 May 2011.
As the Chief Executive of the Charity Commission, I have been asked to respond to your written Parliamentary Question on which regulators of exempt charities have signed memoranda of understanding with the Charity Commission. [HL91011
The Charity Commission has a memorandum of understanding with each of the following regulators of exempt charities (known as principal regulators):
the Department for the Environment, Food and Rural Affairs (Defra), principal regulator for the Royal Botanic Gardens, Kew;
the Department for Culture, Media and Sport (DCMS), principal regulator for sponsored national museums and galleries; and
the Higher Education Funding Council for England (HEFCE), principal regulator for most universities and other higher education institutions in England.
The first principal regulator appointments took effect on 1 June 2010.
On 30 March 2011, the Government announced proposals for the following groups of charities:
the governing bodies of voluntary and foundation schools (England and Wales);
academy schools (England only); and
sixth form college corporations (England only).
Academies will be made exempt and the other charities in this group will have their exemption restored. The Secretary of State for Education will be appointed as principal regulator for those charities in England, and the Welsh Assembly Government will be appointed as principal regulator for the governing bodies of voluntary and foundation schools in Wales.
The Charity Commission expects to establish further memoranda of understanding with these organisations when these changes come into effect.
Subjects
Charities; Charity Commission; Exemptions; Regulation
Date
18 May 2011
Reference
9101; 727 c334-5WA
House
House of Lords
To ask Her Majesty’s Government what representations they have received about the implementation of the fund-raising provisions in Part 3 of the Charities Act 2006; and whether they intend to maintain those provisions.
To ask Her Majesty’s Government what representations they have received about the implementation of the fund-raising provisions in Part 3 of the Charities Act 2006; and whether they intend to maintain those provisions.
Asked by
Baroness Smith of Basildon
(Labour)
Answered by
Lord Taylor of Holbeach
(Conservative)
Type
Written questions
Status
Answered
Answered on
18 May 2011
Chapters 2 and 3 of Part 3 of the Charities Act 2006 have been implemented. However, Chapter 1 of Part 3 of that Act, which makes provision for the regulation of public charitable collections, has not yet been implemented. Several representations have been received about the implementation of the public charitable collections provisions from charity sector representatives and local licensing authorities, arguing both for and against implementation.
No decision has been made on whether the relevant provisions of the Act will be implemented or not. Instead the review of the Act, due to start later this year, will consider the options for the future licensing and regulation of public charitable collections.
Legislation
Charities Act 2006
Subjects
Charities; Fundraising; Regulation
Date
18 May 2011
Reference
9140; 727 c335WA
House
House of Lords
To ask Her Majesty’s Government what requirements need to be met for a private school to receive charitable status.
To ask Her Majesty’s Government what requirements need to be met for a private school to receive charitable status.
Asked by
Lord Willis of Knaresborough
(Liberal Democrat)
Answered by
Lord Taylor of Holbeach
(Conservative)
Type
Written questions
Status
Answered
Answered on
11 May 2011
Part 1 of the Charities Act 2006 (the Act) provides the definition of a charity in England and Wales. In order to be a charity, an organisation must be subject to the jurisdiction of the High Court, be established for charitable purposes only, and its purposes must be for the public benefit. The Act provides a non-exhaustive list of descriptions of charitable purposes, but does not provide a statutory definition of public benefit, instead relying on the existing common law meaning of public benefit. Furthermore, the Act removed the presumption that charities established for the advancement of education were for the public benefit.
The Charity Commission has published guidance on the requirements of charitable status, including on charitable purposes and public benefit. The legal basis of the Charity Commission's guidance on public benefit is currently subject to a reference made by the Attorney-General to the Upper Tribunal (Tax and Chancery), inviting it to clarify the law that underpins the guidance. The Upper Tribunal hearing is due later this month.
Subjects
Charities; Private education
Date
11 May 2011
Reference
8845; 727 c221WA
House
House of Lords
My Lords, I hope that the House will forgive me if I do not comment particularly on individual cases. It should be stressed that links between charities and terrorism are very rare. By far the vast majority of charities operating overseas are to be commended for their inspirational work and the relief they bring, often operating in very difficult circumstances. We must be able to identify and tackle any abuse but at the same time be careful to enable the vast majority of legitimate charities to get on with their important work without being bound up in red tape. In my view, the regulatory framework gets it about right.
My Lords, I hope that the House will forgive me if I do not comment particularly on individual cases. It should be stressed that links between charities and terrorism are very rare. By far the vast majority of charities operating overseas are to be commended for their inspirational work and the relief they bring, often operating in very difficult circumstances. We must be able to identify and tackle any abuse but at the same time be careful to enable the vast majority of legitimate charities to get on with their important work without being bound up in red tape. In my view, the regulatory framework gets it about right.
Answered by
Lord Taylor of Holbeach
(Conservative)
Asked by
Lord Naseby
(Conservative)
Type
Oral answers to questions
Is my noble friend aware that there are two further areas on which the Charity Commission needs help? First, in relation to Sharia law, all Islamic financial institutions must by law give charitable donations. Secondly, in relation to Sri Lanka, despite the ending of the war, there are still bogus Tamil charities collecting money for Eelam rather than sending it to Sri Lanka. In both cases, should not there be a case for better monitoring, particularly of where the money has gone that has been collected in the UK? Might Her Majesty's Government consider our embassies and high commissions checking on the ground on what exactly the money has produced? After all, the British public provide gift aid.
Subjects
Charities; Charity Commission; Finance; Terrorism; Regulation
Date
4 May 2011
Reference
727 c453
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, a number of government departments, including Her Majesty’s Revenue and Customs, work closely on these matters with the Charity Commission, which has a range of statutory powers and regulatory tools with which to investigate allegations of possible abuse and to ensure that charities are complying with their obligations. The commission also works closely with the police and other law enforcement agencies where there is evidence of criminality and works to raise awareness of the risks of terrorist finance to the charitable sector.
My Lords, a number of government departments, including Her Majesty’s Revenue and Customs, work closely on these matters with the Charity Commission, which has a range of statutory powers and regulatory tools with which to investigate allegations of possible abuse and to ensure that charities are complying with their obligations. The commission also works closely with the police and other law enforcement agencies where there is evidence of criminality and works to raise awareness of the risks of terrorist finance to the charitable sector.
Answered by
Lord Taylor of Holbeach
(Conservative)
Asked by
Lord Naseby
(Conservative)
Type
Oral answers to questions
To ask Her Majesty’s Government what assistance they are giving to the Charity Commission to identify bogus charities for overseas freedom movements, proscribed organisations and terrorists to prevent them benefiting from United Kingdom tax relief.
Subjects
Charities; Charity Commission; Finance; Terrorism; Regulation
Date
4 May 2011
Reference
727 c453
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, it is up to the trustees of all charities because they are responsible for the audit trail of their financial expenditure. On scrutiny, all charities are subject to proper regulation of their gift aid through HMRC.
My Lords, it is up to the trustees of all charities because they are responsible for the audit trail of their financial expenditure. On scrutiny, all charities are subject to proper regulation of their gift aid through HMRC.
Answered by
Lord Taylor of Holbeach
(Conservative)
Asked by
Baroness Royall of Blaisdon
(Labour)
Type
Oral answers to questions
My Lords, what criteria does the Charity Commission apply in its assessment of whether UK charities with expenditure overseas do conform to charitable objectives as defined by statute?
Subjects
Charities; Charity Commission; Finance; Terrorism; Regulation
Date
4 May 2011
Reference
727 c454
Chamber / Committee
House of Lords chamber
House
House of Lords
I am sure that the review of the Charities Act 2006 will take into account the connection with the devolved authorities, and we will want to make sure that they are fully in the picture. Indeed, I hope that the noble Lord is in a position to reinforce the determination of the Government here in Whitehall to deal with this problem.
I am sure that the review of the Charities Act 2006 will take into account the connection with the devolved authorities, and we will want to make sure that they are fully in the picture. Indeed, I hope that the noble Lord is in a position to reinforce the determination of the Government here in Whitehall to deal with this problem.
Answered by
Lord Taylor of Holbeach
(Conservative)
Asked by
Lord Foulkes of Cumnock
(Labour)
Type
Oral answers to questions
As charity legislation is devolved, will the Minister discuss the issue with the Scottish Executive to make sure that they are also keeping an eye on this?
Subjects
Charities; Charity Commission; Finance; Terrorism; Regulation
Date
4 May 2011
Reference
727 c455
Chamber / Committee
House of Lords chamber
House
House of Lords
I hope the noble Lord will accept that in the first supplementary answer I gave I said that I totally agree with that view. It is the voluntary impulse that makes charitable giving and charitable activity so important and useful. On the other hand, in asking the Question in the first place, my noble friend pointed out that Governments do have to be aware that there are people who will use charities for malicious ends, so we in Government have to be on our toes to avoid that happening.
I hope the noble Lord will accept that in the first supplementary answer I gave I said that I totally agree with that view. It is the voluntary impulse that makes charitable giving and charitable activity so important and useful. On the other hand, in asking the Question in the first place, my noble friend pointed out that Governments do have to be aware that there are people who will use charities for malicious ends, so we in Government have to be on our toes to avoid that happening.
Answered by
Lord Taylor of Holbeach
(Conservative)
Asked by
Lord Boateng
(Labour)
Type
Oral answers to questions
My Lords, one of the joys of charitable law is the fact that it is possible to establish a charity in England without having to consult a lawyer. Will the noble Lord please make sure that the Government do not introduce such a high level of regulation that the strong and dynamic voluntary sector is held back by the necessity to employ lawyers and accountants before ever getting a charity under way?
Subjects
Charities; Charity Commission; Finance; Terrorism; Regulation
Date
4 May 2011
Reference
727 c454
Chamber / Committee
House of Lords chamber
House
House of Lords
I hope I can reassure my noble friend that I am not complacent on this issue. What I am saying, however, is that considerable resources across Government are devoted to making sure that there is no abuse of charitable funding and no misapplication of funds for terrorism. We have the Charity Commission itself, HMRC, the police and the National Terrorist Financial Investigation Unit. All these bodies, as part of Government, are dedicated to making sure that there is no abuse of charitable giving.
I hope I can reassure my noble friend that I am not complacent on this issue. What I am saying, however, is that considerable resources across Government are devoted to making sure that there is no abuse of charitable funding and no misapplication of funds for terrorism. We have the Charity Commission itself, HMRC, the police and the National Terrorist Financial Investigation Unit. All these bodies, as part of Government, are dedicated to making sure that there is no abuse of charitable giving.
Answered by
Lord Taylor of Holbeach
(Conservative)
Asked by
Lord Tebbit
(Conservative)
Type
Oral answers to questions
My Lords, I gained the impression from my noble friend’s original Answer that he does not think that anything more needs to be done about this problem than is being done at the moment. Am I right in that assessment?
Subjects
Charities; Charity Commission; Finance; Terrorism; Regulation
Date
4 May 2011
Reference
727 c455
Chamber / Committee
House of Lords chamber
House
House of Lords
I cannot deny that there is always a link between resources and function. My noble friend points out that there is a review of the functioning of charities legislation coming up at the end of this year, which will be very important and I am sure will have these matters in mind. But I am also sure that noble Lords will appreciate that the Government’s priority at the moment is about spending priorities, given the need to provide deficit reduction.
I cannot deny that there is always a link between resources and function. My noble friend points out that there is a review of the functioning of charities legislation coming up at the end of this year, which will be very important and I am sure will have these matters in mind. But I am also sure that noble Lords will appreciate that the Government’s priority at the moment is about spending priorities, given the need to provide deficit reduction.
Answered by
Lord Taylor of Holbeach
(Conservative)
Asked by
Lord Phillips of Sudbury
(Liberal Democrat)
Type
Oral answers to questions
Does my noble friend accept that it would be wise for the Government, when they undertake the shortly to be commenced review of the Charities Act 2006, to review the present planned reduction in Charity Commission funding of one-third over the next four years? Will they not at least think to ring-fence that part of the commission expenditure that relates to enforcement, which is vital to maintain the cherished integrity of charities?
Subjects
Charities; Charity Commission; Finance; Terrorism; Regulation
Date
4 May 2011
Reference
727 c453-4
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, my response will have to be in general terms. I am well aware that the Charity Commission receives quite a lot of information, and the pursuit of validating that information takes up quite a lot of the commission’s time. It is right and proper that any allegations are investigated, and I am sure that that is exactly what happens.
My Lords, my response will have to be in general terms. I am well aware that the Charity Commission receives quite a lot of information, and the pursuit of validating that information takes up quite a lot of the commission’s time. It is right and proper that any allegations are investigated, and I am sure that that is exactly what happens.
Answered by
Lord Taylor of Holbeach
(Conservative)
Asked by
Lord Elystan-Morgan
(Crossbench)
Type
Oral answers to questions
Does the Minister recollect that our late colleague Lord Pilkington was in possession of clear documentation showing that on many occasions the Charity Commission had been offered confidential information by intelligence agencies on both sides of the Atlantic but did not feel able to avail itself of that advantage on account of the conditions under which such information would be released? Is the Minister aware of that, and is he able to comment on the situation, albeit, of course, in general terms?
Subjects
Charities; Charity Commission; Finance; Terrorism; Regulation
Date
4 May 2011
Reference
727 c454
Chamber / Committee
House of Lords chamber
House
House of Lords
To ask Her Majesty’s Government in what circumstances it is possible to have an unregulated charity.
To ask Her Majesty’s Government in what circumstances it is possible to have an unregulated charity.
Asked by
Lord Ashcroft
(Conservative)
Answered by
Lord Taylor of Holbeach
(Conservative)
Type
Written questions
Status
Answered
Answered on
4 May 2011
The Charity Commission for England and Wales is the independent registrar and regulator of charities in England and Wales, established under the Charities Act 2006. Similar charity regulators exist in Scotland and Northern Ireland, where charity law and regulation is devolved.
The Charity Commission for England and Wales does not register or regulate charitable organisations that are established outside of England and Wales, but can act to protect charitable funds raised in England and Wales, even where such funds are raised by overseas organisations.
There are also certain groups of exempt charities. These charities are not registered with the Charity Commission and are currently not subject to its regulatory jurisdiction. They were granted the exemption because they were considered to be adequately supervised by another body or authority. Exempt charities are those institutions that are comprised in Schedule 2 to the Charities Act 1993 (the 1993 Act). The Charities Act 2006 makes a number of changes to improve the regulation of exempt charities as charities, with groups of exempt charities either coming directly under the Charity Commission's regulatory jurisdiction, or having an existing regulator appointed as their principal regulator, to promote charity law compliance. These changes have been implemented for several groups of exempt charities, with further implementation due later this year and in 2012.
Certain other groups of charities are not required to register with the Charity Commission, but are subject to its regulatory jurisdiction. These include the large number of charities with an annual income of less than £5,000.
Subjects
Charities; Regulation
Date
4 May 2011
Reference
8614; 727 c155-6WA
House
House of Lords
To ask Her Majesty’s Government what assistance they are giving to the Charity Commission to identify bogus charities for overseas freedom movements, proscribed organisations and terrorists to prevent them benefiting from United Kingdom tax relief.
To ask Her Majesty’s Government what assistance they are giving to the Charity Commission to identify bogus charities for overseas freedom movements, proscribed organisations and terrorists to prevent them benefiting from United Kingdom tax relief.
Asked by
Lord Naseby
(Conservative)
Answered by
Lord Taylor of Holbeach
(Conservative)
Oral questions - Lead
Status
Answered
For answer on
4 May 2011
Answered on
4 May 2011
My Lords, a number of government departments, including Her Majesty’s Revenue and Customs, work closely on these matters with the Charity Commission, which has a range of statutory powers and regulatory tools with which to investigate allegations of possible abuse and to ensure that charities are complying with their obligations. The commission also works closely with the police and other law enforcement agencies where there is evidence of criminality and works to raise awareness of the risks of terrorist finance to the charitable sector.
Subjects
Charities; Charity Commission; Finance; Terrorism; Regulation
Date
4 May 2011
Reference
727 c453
Chamber / Committee
House of Lords chamber
House
House of Lords
Transfer of Functions (Dormant Accounts) Order 2010 (SI 2010/2967). Lords debate on a motion to regret the Order makes a very limited amount of money available to the big society bank in comparison to the cuts being made to voluntary organisations and youth services. Disagreed on division (102 votes to 159). Motion to take note not moved.
Transfer of Functions (Dormant Accounts) Order 2010 (SI 2010/2967). Lords debate on a motion to regret the Order makes a very limited amount of money available to the big society bank in comparison to the cuts being made to voluntary organisations and youth services. Disagreed on division (102 votes to...
Lead member
Lord Hunt of Kings Heath
Answering member
Lord Taylor of Holbeach
Department
Cabinet Office
Type
Debates on delegated legislation
Legislation
Transfer of Functions (Dormant Accounts) Order 2010
Subjects
Charities; Assets; Bank services; Banks; Finance; Voluntary organisations; Young people; Social enterprises; Youth services; Big Society Capital
Date
15 March 2011
Reference
726 c204-18
Chamber / Committee
House of Lords chamber
House
House of Lords
To ask Her Majesty’s Government which non-governmental organisations and charities where the chief executive or equivalent receives annual compensation of £100,000 or more receive government funding.
To ask Her Majesty’s Government which non-governmental organisations and charities where the chief executive or equivalent receives annual compensation of £100,000 or more receive government funding.
Asked by
Lord Patten
(Conservative)
Answered by
Lord Taylor of Holbeach
(Conservative)
Type
Written questions
Status
Answered
Answered on
7 March 2011
The information requested is not collected centrally. However, in many cases the relevant information about a particular charity is available in its annual accounts or annual report.
Under the Statement of Recommended Practice: Accounting and Reporting by Charities, registrable charities subject to a statutory audit requirement must disclose in their annual accounts the number of employees with salaries exceeding £60,000 in £10,000 income bands. The accounts and annual reports of registered charities with an annual income of over £25,000 are published on the Charity Commission’s website (www.charitycommission.gov.uk). These also provide information on the charity’s income and expenditure.
Subjects
Charities; Pay; Non-governmental organisations
Date
7 March 2011
Reference
7066; 725 c367WA
House
House of Lords
To ask Her Majesty’s Government what plans they have to encourage private schools that are registered as charities to offer more free places to poor pupils.
To ask Her Majesty’s Government what plans they have to encourage private schools that are registered as charities to offer more free places to poor pupils.
Asked by
Lord Taylor of Warwick
(Non-affiliated)
Answered by
Lord Taylor of Holbeach
(Conservative)
Type
Written questions
Status
Answered
Answered on
27 January 2011
Charitable independent schools already deliver a wide range of benefits, not just in the high standards of education they provide, but also in the work they do in their communities, for example through outreach, partnerships with other schools, opening up their facilities, and bursaries to help the less well-off.
The Charity Commission published Guidance for charities on the public benefit requirement in 2008. The legal basis of the commission’s guidance has been challenged by the Independent Schools Council, and the Attorney-General has made a reference to the Upper Tribunal (Tax and Chancery) inviting it to clarify the law that underpins the guidance. It would be inappropriate to comment further ahead of the tribunal's ruling.
Subjects
Disadvantaged; Charities; Private education
Date
27 January 2011
Reference
5991; 724 c206WA
House
House of Lords
Lords debate on motion to call attention to the case for encouraging philanthropy. Motion withdrawn.
Lords debate on motion to call attention to the case for encouraging philanthropy. Motion withdrawn.
Lead member
Lord Janvrin
Answering member
Lord Taylor of Holbeach
Department
Cabinet Office
Type
Debates
Subjects
Charities; Business; Charitable donations; Arts; Finance; Gifts and endowments; Fundraising; Gift aid; Tax allowances; Crowdfunding
Date
2 December 2010
Reference
722 c1618-52
Chamber / Committee
House of Lords chamber
House
House of Lords
To ask Her Majesty’s Government what is their assessment of the impact of the local budget cuts on charities.
To ask Her Majesty’s Government what is their assessment of the impact of the local budget cuts on charities.
Asked by
Lord Taylor of Warwick
(Non-affiliated)
Answered by
Lord Taylor of Holbeach
(Conservative)
Type
Written questions
Status
Answered
Answered on
23 November 2010
The big society presents a great opportunity for charities as we open up public services and devolve power. However, we fully recognise that in the short-term many organisations may be concerned about potential budget cuts. It is currently too early to assess the impact of local budget cuts on charities, but we are working closely with partners in the voluntary sector and across Government to mitigate the impact of any spending reductions and support the sector through this transitional period. This includes:
a £100 million Transition Fund to help organisations with shortfalls in short-term;
publishing evidence and best practice to help Government at all levels make cuts wisely and in partnership with the sector; and
setting out policy measures to help the sector maximise new opportunities in the strategy document Building a Stronger Civil Society.
Subjects
Charities; Finance
Date
23 November 2010
Reference
3896; 722 c292WA
House
House of Lords