Under Britain's Charities Act 2006, to qualify as a charity, a group must have charitable purposes that are for the "public benefit". (Background). In February, the Charity Commission (which regulates charities in England and Wales) issued for comment a supplementary guidance document titled Public Benefit and the Advancement of Religion. In a news release yesterday, the Commission announced that, following these public consultations, it is now releasing four supplementary public benefit guidance documents. They cover charities whose aims include preventing or relieving poverty, or advancing education or religion, and those that charge fees.
The guidance titled The Advancement of Religion for the Public Benefit provides that in order to qualify as a religious charity, an organization must advance religion. It will not qualify as charitable if its aims are political. However "charities can campaign for a change in the law, policy or decisions where such change would support the charity’s aims. Charities can also campaign to ensure that existing laws are observed."
The guidance goes on to provide that in assessing public benefit, the Charity Commission must also look at any "detriment or harm" that may flow from the organization carrying out its aims. Annex C to the Guidance sets out four potentially controversial examples of detriment or harm. It suggests that proselytizing in a country where that activity is illegal could be detrimental where it exposes the group's staff or volunteers to harm. In some cases refusal to permit medical treatment, as well as promoting hatred or violence and restricting adherents' personal choice to change their beliefs or leave a religion, could all be detrimental. Religious Intelligence reported on the new guidance document yesterday. (See prior related posting.)
