Winston Churchill once described Russia as a ‘riddle wrapped in a mystery inside an enigma’. I have no doubt that many Church leaders would say the same thing about the charity commission! Too often, the Commission has been seen to be something of an administrative Goliath towering over a tiny David, with that tiny David being a local church or Christian charity. However, I want to attempt to dispel such notions this afternoon, and suggest to you that the Charity Commission and the Church are far from enemies of one another. In a society that needs to see charities as trustworthy, the work of the Charity Commission is vital. In a society that needs to see love in action, the Church is indispensable. The two can work together and each can benefit from the other.
Setting the scene
There is no doubt that a change in the law concerning charities is desperately needed. The current charity law dates all the way back to 1601. In the 21st century, there is a need for clearer guidelines, stronger accountability and better legislation. Given that there are over half a million organisations in the not for profit sector with 569,000 people working in the arena, it is clear that the law needs to change. England and Wales have some 188,739 charities, with an annual main income of around £32 billion pounds.
Legislation and protection, in this case go hand in hand.
The two main areas under consideration for change are:
- Understanding of ’Public Benefit’ – at the moment presumed for the first three charitable purposes of the Charities Act
- Understanding of ‘Exclusively Charitable Purpose’
Exclusively Charitable Purpose: current
As the law stands, there are four charitable purposes within which charities can register – the relief of poverty, the advancement of education and the advancement of religion: - [all of which assume public benefit].
The last charitable purpose is defined currently as ‘other purposes beneficial to the community, the interpretation of which depends on the first three purposes and their intent.
Exclusively Charitable Purposes: some of the proposals
The government is proposing the addition of a number of other ‘exclusively charitable purposes’ – the range of which is vast:
1. The prevention or relief of poverty
2. The advancement of education
3. The advancement of religion
4. The advancement of health
5. The advancement of citisenship or community development
6. The advancement of the arts, heritage or science
7. The advancement of amateur sport
8. The advancement of human rights, conflict resolution or reconciliation
9. The advancement of environmental protection or improvement
10. The relief of those in need, by reason of youth, age, ill-health, disability, financial hardship or other disadvantage
11. The advancement of animal welfare
12. Any other purposes recognised as charitable purposes under existing charity law or any purposes analogous to the defined purposes
Public benefit
Currently, as I have already said, the law assumes public benefit in the first three charitable purposes, but not the last. The government is proposing that the assumption of public benefit be removed completely.
Setting the scene
It is in this arena that the Evangelical Alliance has been seeking to provide support, guidance and representation for the many thousands of Christian Charities and Churches that we represent. This work has gone on in the midst of turbulent times for the church, and the voluntary sector in general.
No-one should underestimate the difficulty that rapidly changing legislation and seemingly insurmountable paperwork represents to the hundreds of thousands of ordinary men and women who are trying to give their time to make a difference in the lives of others.
Let me briefly outline some of the work the Alliance has been doing in this area.
In May 2003, the Evangelical Alliance and the Afro-Caribbean Evangelical Alliance hosted the GOAL conference. GOAL being an acrostic for Governance, Openness, Accountability and Leadership. This conference gave churches the opportunity to explore ways of working with the charity commission. It also gave the Charity Commission a way of listening to and working with the church. Both needed to hear from each other.
From that venture has sprung ongoing partnership between the Evangelical Alliance, the Afro-Caribbean Evangelical Alliance, Anthony Collins Solicitors and Stewardship Services. Together, these organisations are looking at issues around constitutions, declarations of trust and memoranda and articles.
The Alliance has also been raising issues over charitable purpose and public benefit directly with government because of some concerns that we have. Those concerns centre around whether or not the government is able to assess these issues in a clear and unbiased way. They are not concerns as to whether churches should prove public benefit. Public benefit should be proven by religious organizations – how you measure it is the concern that the Alliance has. Public benefit is not simply measurable in economic or social terms, it is also measurable in spiritual terms and in terms of a sense of belonging, safety, and community that no government can discern or demonstrate solely on statistics and figures.
Having said all that, there are wonderful resources and a great deal of expertise that the Charity Commission can offer to the church. Whether it is a fledgling congregation or an established group of Christians, there are many ways in which they can help.
Obligation or opportunity?
Now let me turn to whether the Charity Commission and its requirements should be seen as an obligation or an opportunity for the Church and for Christian organisations in the UK.
Without a doubt Good governance is an obligation to the church. I am mystified as to how a Christian organisation could question or disagree with the Aims of the Charity Commission. They are clearly stated by the commission:
Aims of Charity Commission
- The Charity Commission is established by law as the regulator and registrar for charities in England and Wales.
- Our aim is to provide the best possible regulation of charities in England and Wales in order to increase charities' effectiveness and public confidence and trust
When one considers the aims of the charity commission, it is clear that a great deal of benefit can be found in working with it.
Good governance is an obligation
Because - the purpose of the Charity Commission, as already stated, is to provide the best regulation and increased effectiveness for charities in England and Wales.
Protection is given to churches and Christian organisations through the Charity Commission. Protection from fraud and protection from allegations of misconduct and misappropriation of funds to name but a few. The legal framework of purpose and benefit, as well as regulation, structure and accountability that the Charity Commission present are to be seen as helpful things, not hindrances. They provide a strong boundary within which the Church and Christian charities can work. They show those who give, or volunteer or help that the charity or church can be trusted and is not afraid of inspection or question.
For that reason, the church should welcome partnership with the Charity Commission as an opportunity for witness and for stronger working. Through working with the Charity Commission, rather than running from it, the Church can be more effective and clearer in its own purpose and objective. There are some caveats that we need to note a little later on the issue of partnership – but we will come to that at the end of my time with you today.
Work with the Charity Commission is also an obligation because:
Christian organisations get it wrong
- Gilbert Deya Ministries
- Kingsway International Christian Centre
- Victory Outreach Centre
- St Thomas Crooke’s, Sheffield.
We could add to this list the abuses that have been suffered by children at the hands of church leaders. We could note the high rate of paedophiles who try to enter churches and become volunteers, seeing congregations as a picking ground for their victims. For the sake of the weak, the vulnerable and the poor, we should see our work with the Charity Commission as an obligation. We have a biblical responsibility to defend the weak, to look after the widow and to care for the orphan. And it is clear that we are not always good at that.
Working with the Charity Commission is a way of saying, in humility, that we want to get it right, and that we know that we get it wrong too often.
Christian organisations also get it right
Across the UK there are denominations, organisations and community groups getting it right every day. We applaud their efforts, we celebrate their successes and we point the Charity Commission to them as examples of professionalism, good practice and delivery.
- There are 48844 Christian churches in the UK
- Evangelicals give 5% of income, non-evangelicals on average 2%
- 29% of Christians volunteer
These are people and projects to be celebrated. And they are working tirelessly across a vast array of activities and foci. They are one of the reasons that we can see working with the charity commission as an opportunity, as well as an obligation.
Good governance is an opportunity for the church in five key areas:
Stewardship
Matthew 25 shows us clearly that we are to be careful with that which the Lord has entrusted to us. To be a good steward means that we take seriously the requirements to look after and develop and nurture that which the Lord has given to us. It springs from a deep conviction that we own nothing in and of ourselves. The money, the buildings, the time, the talents - all are the Lords. We should see the Charity Commission as a body that helps us remember that principle. Imagine what would happen if every Church and Charity adopted the principle that they would only do what would have a beneficial effect on their community? That would transform our budgets, our staff lists and our use of time and buildings. I suggest to you that it would also transform the way people understood us and what we did.
Stewardship is not an add on in the activity of the church it should be a core responsibility that we do not shirk or avoid. It is an opportunity to show that we are not afraid of working with others and using our resources wisely – and that leads me to the second area where working with the Charity Commission can help us:
Accountability
1 Peter 3:15 calls us always to be ready to give an answer to people for what we believe – but to be able to do so with gentleness and respect. This primarily deals with what we say in relation to salvation – but it does not rule out what we do and how we do it. The New Testament is littered with examples of accountability. The Disciples to Jesus, the Apostles to one another, and the fledgling church to its founders.
It is also littered with examples of what happens when accountability breaks down. Israel follows a path of rebellion, the church falls into heresy, and people end up lying about what they have and how they should use their resources, such as the terrifying example of Ananias and Sapphira.
The church is accountable to God. But that does not in any way rule out accountability, in the right context, to government – but we will come to that in a moment.
Witness
The third key area of opportunity for the church in working with the charity commission is witness. We should be able to be honouring to Christ, in all things, in the words and phrases of Philippians 1:27. I preach in churches, conventions, conferences all the time. In small groups and large groups. I am passionate about sharing the love and the grace of God. I am in love with the Lord Jesus Christ.
But if what I say and what I do do not match then I have a credibility gap that no amount of words will hide. The church’s witness is so often negative. We hide, we are defensive, we think we need not answer to anyone or anything. But is this the mind or the attitude of Christ? The Bible tells us to conduct ourselves in a manner worthy of him. Jesus urges us to let our lights shine before men so that they will see our good deeds and glorify our father in heaven. James tells us that we show people what we believe by what we do.
Surely the church has an opportunity to show a good witness, a positive message or cooperation and robust partnership through its openness to the Charity Commission. We want to welcome an examination of our books and our activities because it will show our love for God and our love for people.
That would be a strong and positive witness in a cynical world. It would show our society that they can trust us to serve those who need us most in the name of the God whom we honour most.
Integrity
I have a screen message that comes on my mobile phone every time I turn it on – it is this: INTEGRITY ALWAYS MATTERS. Jesus told his followers, in the Sermon on the Mount that they were to let their Yes be Yes.
We must do the same. By working with the Charity Commission we show that the credibility gap is something we want to get rid of. We do not see people as pew fodder, but precious and made in his image. We do not see inspection as something to be feared, but as something to be welcomed. We want our walk and our talk to match.
Integrity means that we will be transparent.
Submission
The last key area that I would suggest is an opportunity for us is the area of submission. We display a heart and an attitude of Christ in working with the Charity Commission. But this is where we set a caveat. We submit to the Charity Commission because we have already submitted to Christ. He is our final authority. He is our final judge. We submit to the Charity Commission in so much as we see no fear or worry in doing so. We are honest stewards, willing to be accountable as a witness and to act with integrity because of our Lordship. That Lordship lies with Christ. He is our head. It is Him we honour first. Romans 13 calls us to submit to our governments, and we joyfully and willingly do so. But we will not do so and at the same time dishonour the name of the Lord who has called and redeemed us. We submit to others because we have submitted to Him.
Those five key areas:
- Stewardship
- Accountability
- Witness
- Integrity
- Submission
All serve as a strong opportunity to show that we can and will work in partnership. They show our intentions as wholesome and our motivation as good. But here is where we must lay a challenge at the feet of both the church and the charity commission.
Dangers to avoid
There are dangers to avoid. Let me lay before you one for the Charity Commission and one for the Church.
Charity Commission - one size does not fit all
The Charity Commission must not take the engine from the church and from Christian charities. We do what we do in the name of Christ. He is the engine for our work because He is the focus of our faith. The CC must not try to strip us of that engine by trying to force us to remove our loyalty to him. We are not simply an anthropomorphic group. We will not brow beat people into believing in God. We will not stop serving anyone. But we will not apologise for our faith. We will not put God in a box and pretend that he does not matter to us – He is the reason that we do what we do.
Please remember that.
And remember also that the church is a diverse organism. What works for one group will not work for another. You would not treat all businesses as the same, so do not treat all Christian charities and churches as the same. Recognise that we are diverse in our ethos, our governance, our motivation, our ecclesiology and our commitment. All these spring from the same source, but they vary in nuance and interpretation.
Perhaps churches are fearful of the Charity Commission because they feel you do not understand them. Work with them. Help churches to see that they can trust you and you trust churches. Do not begin from a point of accusation, but instead a mutual commitment to the very purposes that define charities themselves. Listen to those who are experts. Take time to understand the church and Christian organisation.
Christian organisations - the charity commission is not an enemy
The church must avoid the danger of seeing the charity commission as the enemy. We must recognise the worth and value and benefit of working with the commission, not against it. This trust must be mutual, not exclusive. Show the charity commission that they can trust you.
- Let your stewardship display itself in professionalism
- Let your accountability show itself in humility
- Let your witness show your purpose
- Let your integrity be seen in your transparency
- Let your submission be seen in your legality.
These things will form a strong bond between the charity commission and the church.
Conclusions
Let me finish with just four points.
- British society needs the Church to be the Church and the Charity Commission should not hinder us from being so.
- Legal frameworks should enhance effectiveness, not diminish it.
- The Church may be governed by God, but we should be setting the standard in the charity sector, not lagging behind.
We need:
- Mutual understanding
- Mutual respect
- Mutual trust
May God grant us the wisdom and the strength to be His church unapologetically. To have people on our hearts in all that we do. To seek to uphold good practice in all that we are.
Then we will truly be good news to a needy world.
BY Malcolm Duncan
The Head of Mission for the Evangelical Alliance
[Source: Leaders-Digest.com]
Leaders-digest.com is a bi-monthly online resource designed primarily for Evangelical Alliance UK member churches.
**Opinions represented in this article may not reflect the opinions of ChristianToday
