'Passport' for privileges proposed

The much-awaited White Paper on voluntary organisations, which was launched yesterday by Social Solidarity Minister Dolores Cristina, focuses on rooting out the weaknesses and strengthening the structure of this important sector so as to provide greater transparency and accountability.

The consultation period, which extends to October, will allow interested parties to voice their opinion before the bill is presented and discussed in Parliament, Ms Cristina said.

The Commissioner for Voluntary Organisations, one of the legislative proposals included in the paper, will be appointed by the ministry and will assume a monitoring role to ensure that abuse is avoided.

The White Paper lays down that the commissioner will have special functions and will implement the government's vision not to create a law which makes an investigator of the person appointed, but to provide guidance and advice.

The commissioner will also have the important job of determining which organisation is eligible for enrollment and establish its classification.

The enrollment certificate, a central feature of the proposed law, will be the organisation's passport to any privileges and establishes its status at law.

The Voluntary Organisations Act contemplates that enrolled organisations have the possibility of:

¤ making public collections;

¤ receiving or benefitting from grants, sponsorships or other financial aid from the government or any entity controlled by the government;

¤ receiving or benefitting from exemptions, privileges or other entitlements in terms of any law;

¤ being a party to contracts and other engagements, whether against remuneration or not, for the carrying out of services for achieving its "social purpose" at the government's request.

If the organisation does not enrol this may imply that it is of private interest and consequently would not be eligible to any privileges.

The White Paper recognises that one of the great weaknesses in the current system is the way voluntary organisations are treated under fiscal laws.

The challenge of this law will be to start the process whereby all fiscal exemptions, which exist sporadically in the different laws, are combined and rationalised in a manner that administrators of voluntary organisations will be able to take the greatest advantage of them.

Another proposal is that a non-profit making organisation must have a purpose: either social, that includes the traditional charitable and philanthropic role, or non-charitable, not so publicly and socially oriented but still considered positive. The former will qualify for the greatest privileges.

A National Council for the Voluntary Sector, chaired by the commissioner, is also proposed. It would serve as a platform for cooperation between the organisations and the government.

It shall also act as a consultative body to the commissioner when developing policies in relation to this sector, such as guidelines or formulation of codes of good practice.

This council will further administer the Voluntary Organisations Fund, a foundation established by the Act to assist and support all enrolled organisations through education, management support and financial grants.

Ms Cristina, who yesterday addressed voluntary organisations gathered for the launch, said that until now they had done very well with regards to self-regulation.

While voluntary organisations will continue to preserve their autonomy and character, the Act shall seek to regulate the sector in a more coordinated and holistic manner, she said.

She pointed out that amendments to the Civil Code will be proposed to deal with the concept of the legal personality through which the various entities may operate.

Any views and comments outlined in the White Paper can be submitted in writing to: Dr Maria Sciriha, Ministry for Family and Social Solidarity, Palazzo Ferreria, Republic Street, Valletta CMR 02. or e-mailed to: voluntarysector@gov.mt.

The White Paper can be found on www.welfare.gov.mt