UK Charity Law Changes

Paddington Bear

You may or may not be aware but the Charites Act 2006 is now in force and it means that from end 2007 charites (including the JW's) will have to proove that they offer public benefit if they are to still retain their charitable status and in turn get gift aid on nearly every single donation and keep their tax exempt status.

The charity law association made some very interesting comments regarding the witnesses in their memorandum that was submitted in evidence to the Joint Commitee on the Draft Charites Bill. Their comments on the Taylorite sect of the Exclusive Brethren "excluding children from the family home" is also quite relevant. This is only enidence from an outside body but it shows things could change.

http://www.publications.parliament.uk/pa/jt200304/jtselect/jtchar/167/4061625.htm

They are about to start consultations regarding what public benefit should mean for different charitable sectors, including religion. They are welcoming interested persons to take part and it would be a good way to get the point accross that certain organisations who's actions fall below what society expects nowadays should not have charitable/ tax excempt status. Whilst they are looking at public benifit they are also looking at what detrimental effect charites have and if these are sufficient they will take away thier charitable status.

If any UK people want to take part the link is

http://www.charitycommission.gov.uk/enhancingcharities/pbconsult.asp#2.12

From here you can email your details to take part in the consultation, just make clear you are interested in religious public benefit...

JWdaughter

Interesting. Do you think the attention the WT has gotten recently in the UK (NOT FOR IT'S CHARITABLE acts)may have had or will have any influence. They have a rep for suing because women SURVIVE, LETTING mothers die after childbirth, allowing PEDOPHILES to be active in their cong. AND protecting them through their perverted policies.

How much you wanna bet the WT will soon open a food bank in the UK?

hamsterbait

Hi PB

Great news. Of course knocking on doors is not charity. France no longer recognizes WT as a charity - for this very reason. Charities give to the poor, feed the homeless, educate third world children, look after orphans and widows as part of their published mission statement, send teams to provide clean water and medical care to all IRRESPECTIVE of religious affiliation. This does not apply to JWs.

What proven public benefit is there in annoying people of other faiths on Christmas Morning, or implying the threat of initiatory force from a stone age death god if you reject their message?

Clause 23 will be interesting about individual freedom. DF or its diluted new equivalent, will come under the UK Protection from Harrassment Act, and the Criminal Justice and Police Act of 2001, section 42, paragraph 13, where (shunning) amounts to harrassment if authorities in possession of the facts deem it to be so.

I think it very likely the WT in the UK is about to do some very clever legal wriggling.

HB

llbh

Thanks Paddington Bear bookmarked i know a little about these things will look up

Regards David

Paddington Bear

A food bank won't help them too much as the benifit has to directly relate to their aims as a charity. Their aims or objects are detailed on their registration with the charites commission:

http://www.charitycommission.gov.uk/registeredcharities/showcharity.asp?remchar=&chyno=1077961

"TO ADVANCE THE CHRISTIAN RELIGION AS PRACTISED BY THE BODY OF CHRISTIAN PERSONS KNOWN AS JEHOVAH'S WITNESSES BY: (A) PREACHING THE GOSPEL OF GOD'S KINGDOM UNDER JESUS CHRIST UNTO ALL NATIONS AS A WITNESS TO THE NAME, WORD AND SUPREMACY OF ALMIGHTY GOD, JEHOVAH; (B) PRODUCING AND DISTRIBUTING BIBLES AND OTHER RELIGIOUS LITERATURE IN ANY MEDIUM AND EDUCATING THE PUBLIC IN RESPECT THEREOF; (C) PROMOTING RELIGIOUS WORSHIP; (D) PROMOTING CHRISTIAN MISSIONARY WORK; (E) ADVANCING RELIGIOUS EDUCATION; (F) MAINTAINING ONE OR MORE RELIGIOUS ORDERS OR COMMUNITIES OF SPECIAL MINISTERS OF JEHOVAH'S WITNESSES. "

My understanding is that they will have to demonstrate the above gives public benifit. What will be harder is if the commission feel that their public benefit does not balance against any detriment or harm that they perceive they cause (no choice of blood transfusuins for children, exclusion of non-members, contravening the Data Protection Act (register of disfellowhipped persons at branch) etc....

It should be a pretty tough year for them. Even if they are not struck off now, if enough people complain about them there is a strong possibility they could be in the future.

llbh

Paddington that is a great piece of research i am definitely going to spend some time going through that

PM me if you live live near me

Thanks David

civicsi00

Interesting development. But you guys forget that the WT has a powerful set of lawyers that can make anything go away...

besty

shameless repost of relevant info from:

http://www.jehovahs-witness.com/6/143526/1.ashx

The reply from the CC makes clear that as long as the WTS is fulfilling its obligations to work within its charitable objects, then the CC have no interest (or resources probably) to pursue doctrinal or criminal matters. Or matters otherwise outside its jurisdiction ie France/Russia. So in other words the CC are there to ensure minimum standards are met and to administer the system, not to investigate, redefine and police the charitable objects of each and every charity.

In this case the stated objects being:

TO ADVANCE THE CHRISTIAN RELIGION AS PRACTISED BY THE BODY OF CHRISTIAN PERSONS KNOWN AS JEHOVAH'S WITNESSES BY:
(A) PREACHING THE GOSPEL OF GOD'S KINGDOM UNDER JESUS CHRIST UNTO ALL NATIONS AS A WITNESS TO THE NAME, WORD AND SUPREMACY OF ALMIGHTY GOD, JEHOVAH;
(B) PRODUCING AND DISTRIBUTING BIBLES AND OTHER RELIGIOUS LITERATURE IN ANY MEDIUM AND EDUCATING THE PUBLIC IN RESPECT THEREOF;
(C) PROMOTING RELIGIOUS WORSHIP;
(D) PROMOTING CHRISTIAN MISSIONARY WORK;
(E) ADVANCING RELIGIOUS EDUCATION;
(F) MAINTAINING ONE OR MORE RELIGIOUS ORDERS OR COMMUNITIES OF SPECIAL MINISTERS OF JEHOVAH'S WITNESSES.

Which, again IMHO, they get a tick in all these boxes, whether we like it or not.

Perhaps another angle might be the 'public benefit' test which is being redefined in the Charities Act 2006.

http://www.charity-commission.gov.uk/enhancingcharities/pbconsult.asp#F

which states in part:

All charities must have charitable purposes which are for the public benefit. (A ‘purpose’ is the overall goal or aim of the charity which is usually set out in its governing document.) This is known as the ‘public benefit requirement’.

This requirement is reinforced by the Charities Act 2006 (‘the Charities Act’) which:

* includes a statutory definition that, to be a charity, an organisation must have purposes which:-
o fall within the descriptions of charitable purposes set out in the Act; and
o are for the public benefit;
* removes the presumption that currently exists that charities relieving poverty or advancing education or religion benefit the public;
* gives the Charity Commission a public benefit objective to promote awareness and understanding of the operation of the public benefit requirement;
* requires us to publish guidance to help meet our public benefit objective;
* requires us to carry out what consultation we consider necessary before issuing that guidance; and
* provides that charity trustees must have regard to guidance we publish on public benefit when they exercise any powers or duties where the guidance is relevant to them doing so.

The Charities Act does not define what is meant by ‘public benefit’; that remains governed by the existing law, which is based on decisions which have been made by the courts and the Charity Commission over the years. But the Act does remove the presumption that currently exists in charity law that organisations relieving poverty or advancing education or religion benefit the public. This means that, in future, all charities will have to demonstrate that their purposes benefit the public.

Again from my reading of this it won't be too onerous for the WTS to frame a public benefit statement that will keep the CC happy. For example the guidance on 'who are the public?' can be found further down on the same web page. To cut a long story short active JW's can be viewed as 'the public' as they represent a cross-section of society.

I think the most promising angle is in the anti-discrimination legislation. This would clearly be more persuasive if a case was brought by somebody within the WTS currently in good standing. What we need is a sister with lesbian tendencies demanding to be made an elder. Any volunteers? It is a charity after all :-)

I think that as many as possible that can register their personal story of shunning, blood issue, child abuse etc the better. I will be doing this.

orangefatcat

Be that as it may I don't think they will find JWs to be a truly charitable organization. I concur with the poster who mentioned their recent track record, and with millions of dollars in laws suits against the organizaiton I can't possibly see them recieving a dime.

They barely help thier own members they are never their except in emergencies but it is only to assist fellow JW.s and it is about time they started making cults pay taxes on their properties and holdings.

For sure it this was to occur in the USA I think it would bankrupt the WTBTS.

Do keep us posted Paddington Bear.

Orangefatcat.

IT Support

Paddington Bear,

They are about to start consultations regarding what public benefit should mean for different charitable sectors, including religion.

Sorry to be the bearer of bad news, but the consultations closed some time ago:

Consultation ends 6 June 2007

The Charity Commission have now published their guidelines. See Charities and Public Benefit.

Regards.

UK Charity Law Changes

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