In an excellent debate MPs have expressed serious concerns that religious charities could face unwarranted interference, or even de-registration, when the Government's Charities Bill becomes law.
Until now the law has always held a presumption that religious charities are for the public benefit, but this is removed by the Bill. New and existing religious charities will have to justify their 'public benefit'. The Christian Institute is particularly concerned to protect cross-cultural missionary organisations or charities which hold to traditional Christian belief on abortion or human sexuality. It could be argued by secularists that such bodies are not in the public interest.
On 25 October, during the Bill's Remaining Stages in the Commons, MPs debated an amendment tabled by Ann Widdecombe to preserve the existing presumption of public benefit for religious charities. Andrew Turner, Conservative Charities spokesman, strongly supported the amendment. Miss Widdecombe said that the presumption had served the country well and expressed her alarm at recent statements by the Charity Commission, which has said that in future the public benefit test will be assessed in the light of "modern society".1 In response the Government minister promised that the Bill "is not intended to lead to a narrowing down of the range of religious activities that are considered charitable."2 He also made clear that a religious charity would not be disqualified for its beliefs about sexual morality.3
Andrew Selous MP asked the Government to put on record that proselytism, seeking the conversion of people from one religion to another, will still be deemed a public benefit. The Cabinet Office Minister Hilary Armstrong replied: "It certainly will; my understanding, based on my discussions with the Charity Commission, is that it has no problem with that at all."4
The Government and the Liberal Democrats opposed the amendment whilst the Conservatives and the DUP supported it. Senior Lib Dem, Alan Beith, spoke in favour of the amendment and voted for it, despite his own party opposing the amendment.
Ann Widdecombe's amendment was intended to raise a very important issue. This it did very successfully. The vote was never expected to be won. The amendment was defeated by 341 votes to 163. Nevertheless it is a great encouragement that so many MPs supported the amendment. The substantial number of MPs voting to protect religious charities, combined with the favourable statements made by the Government, cannot be ignored. We hope and pray that these facts will set the tone of the Charity Commission's guidance, which will be crucial in administering the new law. The debate clearly laid down a marker that religious charities provide huge benefits to society and that they should not be threatened by the new secular orthodoxy.
Until now much charity law has been set out in case law (made by judges). The new Charities Bill aims to enshrine these principles in statute, as well as increasing the powers of the Charity Commission and expanding the types of organisations which can become charities. The Bill ends the presumption that religious bodies are charitable.
We are reassured by what Government ministers have said. We will remain vigilant as the new act is implemented.
Links
The debate on the Widdecombe amendment 
The amendment on religious charities was also supported by Andrew Turner. It was debated alongside a more general amendment on the public benefit test.
Third Reading
A general debate on the Bill as a whole.
