Church NGOs may be granted a ministerial exemption to benefit from state donations even though they are not enrolled with the Voluntary Organisations Commissioner, according to a government spokesman.

This explains a statement issued by President George Abela yesterday denying that unregistered Church organisations would not benefit from this year’s annual charity telethon L-Istrina, organised by the Malta Community Chest Fund, a state entity.

Last week, NGO Commissioner Kenneth Wain pointed out that, according to the Voluntary Organisations Act, state entities could only donate money to registered organisations. This means that, as things stand, Church organisations will not be able to benefit from funds from this year’s L-Istrina.

Questions on the matter sent to the Office of the President last week and again on Monday remained unanswered. However, in a statement to all media yesterday Dr Abela said all those who applied, including Church organisations and others that were not registered with the commissioner, were entitled to benefit from L-Istrina funds. The organisations benefitting from this year’s L-Istrina would be announced in advance, he said.

Prof. Wain noted last week it was up to the government to enforce the law.

Asked whether the government planned to do so, a spokesman said voluntary organisations were urged to enrol with the commissioner but the government would not hinder their work until a final decision regarding their status was taken.

“The law allows for a ministerial exemption on a case by case basis” as was granted to the MCCF last year (before its status as a state entity was established) to allow it to benefit from free airtime from state television.

“If necessary, the same article will be invoked this year on the advice of the Attorney General,” the spokesman said.

He added that before the law was enacted it was made clear it was never intended to hinder “the invaluable contribution” given by numerous NGOs. “In introducing the law, the legislator was aware of the fact that a window of time would be needed before voluntary organisations fully absorbed the spirit of the law. It was also understood that, possibly, time would reveal the need for further discussion and, potentially, amendments to the law.

“In fact, talks are under-way, various options are being studied and the ministry (of education, employment and the family) is being guided by the Office of the Attorney General on the matter,” the spokesman said.

The Church has been in talks with the government and the NGO Commissioner to find a solution since last year. Last week, a Curia spokesman said the matter had not been finalised despite the fact that “further exchanges of proposals” had been made by the Church.

The Church was on Monday asked to give an indication of the nature of its proposals and explain why it was holding back from registering its organisations with the commissioner. A spokesman replied he had nothing to add to what was said last week. The Church’s charity organisations were leaving the matter entirely in the hands of the Curia.

Fr Martin Micallef, from Dar tal-Providenza, said the charity was waiting for the Curia’s directions regarding whether or not to register the organisation. He added that Dar tal-Providenza did not benefit from L-Istrina funds because it held its own telethon.

Joe Sammut, from Caritas, did not wish to comment on the issue since it was being handled by the Curia.

Meanwhile, other non-Church NGOs are calling for a level playing field. The president of the National Federation of NGOs, Nathan Farrugia said it was up to the Church to decide whether or not it wanted to register its voluntary organisations. “All NGOs have a right to choose whether or not to register but if they do not they should not benefit from certain benefits. You’re either in or out,” he said.

Prof. Wain had raised the issue of the legal status of the MCCF last year, arguing that, as a non-enrolled organisation, it was illegal for it to receive benefits from the government such as free airtime from state television. Since then, he said, the MCCF insisted it should be recognised as a government entity. While this solved the issue surrounding the MCCF, the situation with Church organisations remained unsolved.

It would still be illegal for the Public Broadcasting Services to give free airtime to the end-of-year telethon organised by non-enrolled organisation Dar tal-Providenza, Prof. Wain had said.

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