Steps to protect charity trustees

Pat Carey TD, Minister of Community, Equality and Gaeltacht Affairs, with responsibility for the regulation of charities, announced he will be commencing two further sections of the Charities Act 2009 Section 4 and Section 90.

Tthere have been concerns over the current legal position in Ireland that charity trustees may in certain circumstances be personally liable for losses accruing to charities through their actions. This may serve to discourage persons from acting as charity trustees.

The commencement of Section 90 of the Charities Act, will grant power to the courts, in the event of proceedings against a charity trustee, to grant relief to such trustees from personal liability for breach of trust, where it appears to the relevant court that the trustee acted honestly and reasonably.

Minister Carey stated his hope that these safeguards will reassure those who are currently acting as charity trustees and will encourage more people to take on this valuable and important work.

The Minister also commenced section 4 of the Act, which will allow me to make regulations under the Act as we move towards the introduction of the new regulatory framework for charities in Ireland.