Voluntary sector transparency

Recently a report on investigations the police initiated into the financial affairs of a well-known figure and founder of a prominent voluntary organisation in the world of animal welfare was given much publicity. This, in turn, set off a widespread reaction by concerned citizens who had contributed money to the organisation and to other voluntary organisations besides.

It revived a general concern about where the donations of benefactors that run into millions of euros every year are going and how they are being used.

Similar concerns have often been raised in the past. Their danger is that they could easily undermine the credibility of the voluntary organisations sector which makes a vital contribution to a broad range of very worthwhile causes and plays a crucial role in civil society. The sector depends on public and state generosity. On the other hand, benefactors need to be assured that their contributions are going to the cause they wish to support not into the pockets of some unscrupulous swindler.

The Voluntary Organisations (VO) Act of 2007 preceded by a White Paper of July 2005, was intended 'to strengthen the voluntary sector' mainly through two strategies; creating an infrastructure of support for the sector that is effective and efficient, and propagating a culture of transparency and accountability which alone can create the required public confidence in the sector. The first step towards the creation of this culture was taken in the early months of 2008 when a public register of voluntary organisations enrolled with the Commissioner was created.

Next, discussions began with the police and with the Broadcasting Authority to create a collaborative framework for the enforcement of the legal instruments regarding public collections, for which a Public Collections Act has been in vigore since March 1981.

The introduction of the VO Act exempts enrolled voluntary organisations from requiring a police licence to make public collections, otherwise, with the exception of the exemptions identified in the Public Collections Act, all requests for donations or public collections require a licence.

The exemptions are collections made by 'bona fide political parties' and 'in church in the ordinary sense of upkeep, embellishment or improvement thereof or for services held therein'. The law provides a special application form, and a form including a 'Statement of Accounts' by people or organisations making the collection or receiving the donation. Both forms are very detailed.

The law also obliges applicants to publish a full statement of accounts related to the collection in two local newspapers within one month of the activity or of the expiry of the licence, and subsequently to forward the second form with the statement of accounts to the Police Commissioner together with the newspaper cuttings.

My experience is that the law is largely ineffective and unenforced by the police who seem to lack the resources or infrastructure to enforce it. This leaves enrolment under the VO Act as the only credible safeguard of the benefactor's money. In any case donors or benefactors should always ensure that the organisation either has a valid police licence or a Voluntary Organisations certificate before making any contributions to an organisation.

My collaboration with the police and the Broadcasting Authority produced the publication by the authority (Government Gazette No.1105) in 2008 of a code of standards and practice for all radio and television services to obey the two Acts (Public Collection and Voluntary Organisations) which requires radio services to read out the police permit number and date of issue or the number and date of issue of the Voluntary Organisations Certificate. 'In the case of a television service a crawl has to be displayed during the advertisement'.

In short, we don't lack the necessary tools of regulation, what we lack is the culture and national awareness. Building it requires all parties to work together and to play their part; the government by setting the example within its own institutions, the police and Broadcasting Authority by enforcing the law, the bona fide organisations (including the political parties, Church organisations and trade unions) by enrolling with my office and submitting themselves to regulation, my office of course, and, not the least, ordinary citizens by supporting the law by not contributing to activities or causes that are not covered legally.

Prof. Wain is the Commissioner for Voluntary Organisations