9 - Conclusion

Summary

Introduction

In Chapter 1 it was explained that there are five basic propositions: the Commission's powers of removal are limited; there is a distinction between the governing instrument of a charity and its property; there is a problem of legality for the Commission when exercising its powers of removal; there is a need to clarify the Commission's powers of removal; and there is a need for charities to have greater access to justice in the context of removal. The conclusion to this book suggest ways in which the law could be reformed to solve the problems raised by the basic propositions.

Law reform

Each of the basic propositions has raised problems associated with the removal of charities from the register which will now be discussed in terms of proposals for law reform.

The Commission's powers of removal are limited

It was shown in Chapter 3 that the Commission's powers of removal are limited. It could be argued that the Commission should have no powers of removal. According to this argument, the Commission should retain charities on the register so that it can use its protective powers to cure any breaches of trust.

It could also be argued that the Commission's powers of removal should be widened by tightening the qualification for registration to include additional requirements such as good governance, efficiency and viability. According to this argument, the Commission should remove more charities.