Source · Select Committees · International Development Committee
Recommendation 39
39
Rejected
Adequately resource Charity Commission to investigate NGO duty of care to employees.
Conclusion
Where incidents relate to employees of UK-registered NGOs, it is essential that the Charity Commission is adequately resourced, and has the necessary powers, to investigate whether relevant organisations were diligent in their statutory obligations regarding their employees. (Recommendation, Paragraph 76)
Government Response Summary
The government partially agrees but clarifies the Charity Commission's independent and limited role, and does not commit to ensuring it receives adequate resources or new powers as recommended.
Government Response
Rejected
HM Government
Rejected
Partially Agree The Charity Commission is a non-Ministerial Government department that is directly funded by the Treasury. The Charities Act 2006 requires the Charities Commission to be operationally independent of ministerial influence or control. FCDO and other departments are in regular contact with the Commission as it regulates registered charities in England and Wales and maintains the Central Register of Charities, including charities funded by FCDO. Recognising that the Commission’s role extends only to charities registered in England and Wales (not the UK), the Commission would not have a role in relation to any non-charitable NGOs, or charitable NGOs established in Scotland or Northern Ireland, which are the responsibility of separate regulators in those jurisdictions. The Charity Commission has a specific and limited role in relation to safeguarding (in respect of charities established in England and Wales) to ensure that trustees are complying with their legal duties in the administration of their charities. This includes ensuring that beneficiaries, employees, volunteers and others who come into contact with their charities are protected from harm. FCDO continues to work with the Charity Commission including on responses to safeguarding matters. The Charity Commission attends the HMG Group on Safeguarding against Sexual Exploitation Abuse and Harassment chaired by FCDO and which meets quarterly in the context of the 2020 HMG Safeguarding Strategy.