Public collections and accountability

As elsewhere, people in Malta receive constant unsolicited requests for donations; now to this cause, now to that. The requests come from a variety of sources and include well-publicised activities organised by large voluntary organisations (mainly, but not only, philanthropic), many household names, door-to-door collections for some cause or other by individuals acting on their own initiative, collections for some occasion, like the village festa. The publicity takes a variety of forms, from the extended media coverage given to events like marathons and concerts, to individual letters in the press, interviews on radio or TV, and so on. Often, those who make door-to-door collections carry a letter from some person who enjoys social trust: a priest, a doctor, a well-known politician, and so on.

The impression one receives is that few people know how to deal with these requests. While their sense of generosity instinctively pulls them one way, the lingering doubt in their mind that they are about to be defrauded pulls them in the other. Two pieces of legislation protect them against fraud and ensure that their money goes to the cause donated to and not into someone's pocket: the Public Collections Act and the Voluntary Organisations Act. Between them these two laws stipulate that nobody, no individual or organisation, has the right to collect or solicit public donations in whatever form without possessing either of two things: a police licence or a certificate of enrolment with the Commissioner for Voluntary Organisations.

There are legal sanctions provided by the law where these procedures are not met. Public assurance is simple. When one is solicited to give to any cause, event or activity, no matter by whom or what organisation, one should ensure that it is covered by either the one or the other. No other authorisation is legal or has the comfort that the donation is going to the cause for which the money was given.

The office of the commissioner is monitoring organisations, en-rolled or otherwise, regularly to ensure the law is observed. The media, however, (namely television, radio and press owners, editors and producers) have an important role to play in this respect. They cannot by law publicise any fund-raising activity that solicits donations without first ensuring that the organisers, or whoever solicits the donations, fulfils either of these legal obligations. They should also ensure that when they advertise or publicise an event or activity the voluntary organisation's or police licence number is carried with the item.

Members of the public may contact my office for any information that enrolled voluntary organisations (those entitled to conduct public collections) have to submit by law if they wish to verify what has been done with their money.

Voluntary organisations are bound to appoint persons who are responsible for the collections (namely the administrators) and are bound to publish annual returns (highlighting the organisation's activities) and the accounts.

My office has already investigated complaints of the misuse of money collected on behalf of voluntary organisations where these were grounded. Members of the public should not hesitate to inform my office or the police if such cases come to their attention.

Prof. Wain is Commissioner for Voluntary Organisations.