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Lisa Nandy has stated that the UK Government is considering giving the Charity Commission extended powers to mitigate the risk of charities being used for extremist activity. The proposed measures would prevent anyone convicted of a hate crime from acting as a charity trustee.
The Crown Prosecution Service and UK police define a hate crime as:
'Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity'
This would be in addition to the existing rules which automatically disqualify individuals from being a senior manager or trustee of a charity if they:
- Have unspent convictions for specific offences. This includes, but is not limited to, offences involving dishonesty, deception, money laundering, bribery, terrorism and contempt of court.
- Are on the sex offenders register.
- Are disqualified from being a company director.
- Are currently declared bankrupt or subject to bankruptcy restrictions or an interim order.
- Are subject to a debt relief order, interim order or debt relief restrictions order.
- Have been previously removed from office of a charity trustee, charity officer, agent or employee, by the Commission or High Court due to misconduct or mismanagement in the administration of the charity.
The Register of Removed Trustees details all disqualified individuals.
While automatically disqualified individuals are able to apply for a waiver from the Charity Commission, according to Civil Society Media, only one was granted in 2023.
A spokesperson for the Charity Commission confirmed that the regulator is 'in dialogue' with the government on the issue and that they will deal 'robustly' with individuals who misuse charities for malign purposes including perpetuating extremism.
Sector participants have expressed concern over the proposal. Debra Allcock Tyler, chief executive of the Directory of Social Change, has stated that while some charities 'do spread hate', many trustees who have been convicted of a crime 'tell a powerful and compelling story of redemption'. British non-profit organisation, the National Secular Society, have questioned the effectiveness of the proposals, stating in a letter to Lisa Nandy that many individuals espousing extremist views have not been convicted of a hate crime.
The government is yet to provide a formal update on the proposals.
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