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Status on laws which either enable
or prevent civil society input on
policy


Karl Wilding
NCVO Public Policy
July 2012

www.ncvo-vol.org.uk
www.twitter.com/karlwilding
Context: the Compact years

• All political parties interested in the third sector
  and/or civil society
   • (Note third sector includes social enterprise)


• Much of the current landscape and infrastructure
  is post 1997/98
   • i.e. New Labour and the Compact


• May 2010: major change in the landscape…
Context: the Compact years

• Significant increases in resources, esp
  earned income

• Volunteering & giving flat

• Winners and losers: „Tescoisation‟

• 2008/09: the end of the NICE decade
  – aka „Peak Funding‟
Framing the relationship

For charities:
• Charity law: Charity Commission („Horizontal
  issues‟)
• Company law (CLGs): Companies House
• Industry-specific regulation („Vertical issues‟)
• Tax law & regulation: HMRC
• Many other areas

Other civil society organisations:
• Eg Industrial & Provident Societies
Permanent revolution?
 •   1998 – The Compact
 •   1999 – Charity Tax Review
 •   2002 – Treasury Cross Cutting review
 •   2003 – Treasury guidance for funders
 •   2005 – Futurebuilders England
 •   2005 – ChangeUp/CapacityBuilders
 •   2006 – Charities Act
 •   2007 - Treasury Cross Cutting review, OTS
 •   2010 – OCS, revised Compact (twice)
 •   2011 – Unshackling Good Neighbours
 •   2012 – Charities Act Review
Underlying issues...
• Role and purpose of voluntary action: public
  benefit
• Resources: people, assets, funding,
  resilience
• Independence and interdependence: too
  close to government?
• Modernisation; being a „sector‟
• Distinctiveness: blurred boundaries,
  emergence of social enterprise
The Coalition: differences in direction

 Some significant differences in detail and
 priority from the last 13 years
    More emphasis on small charities
    Social action: furthered by social norms (nudges)
     or targets and regulation?
    Public services: open, transparent, results-
     oriented, level playing field
    Less favourable towards campaigning
    Resources: from funding to financing
And, you know, there is no such thing as society. There
are individual men and women, and there are families. And
no government can do anything except through people, and
people must look to themselves first. It's our duty to look after
ourselves and then, also to look after our neighbour.
The Big Society: big
                                     confusion?


  • de




“....where people in their everyday lives...don‟t always turn to
officials, local authorities or central government for answers to
the problems they face...but instead feel both free and powerful
enough to help themselves and their own communities.”
Challenges ahead




Source: www.flickr.com/photos/23950335@N07/5506637899/
Where next?
• The ideological environment: revising ideas about the
  role of the state and what charity is for?
• The legal environment: charities act review
• The regulatory environment: lighter touch (or lower
  cost?)
• The tax environment: greater scrutiny/challenge
• The financial environment: cutting public spending,
  expanding social finance
• The service delivery environment: ideas about who
  and how to deliver services and what make them
  accountable

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Policy and legal framework for charities

  • 1. Status on laws which either enable or prevent civil society input on policy Karl Wilding NCVO Public Policy July 2012 www.ncvo-vol.org.uk www.twitter.com/karlwilding
  • 2. Context: the Compact years • All political parties interested in the third sector and/or civil society • (Note third sector includes social enterprise) • Much of the current landscape and infrastructure is post 1997/98 • i.e. New Labour and the Compact • May 2010: major change in the landscape…
  • 3. Context: the Compact years • Significant increases in resources, esp earned income • Volunteering & giving flat • Winners and losers: „Tescoisation‟ • 2008/09: the end of the NICE decade – aka „Peak Funding‟
  • 4. Framing the relationship For charities: • Charity law: Charity Commission („Horizontal issues‟) • Company law (CLGs): Companies House • Industry-specific regulation („Vertical issues‟) • Tax law & regulation: HMRC • Many other areas Other civil society organisations: • Eg Industrial & Provident Societies
  • 5. Permanent revolution? • 1998 – The Compact • 1999 – Charity Tax Review • 2002 – Treasury Cross Cutting review • 2003 – Treasury guidance for funders • 2005 – Futurebuilders England • 2005 – ChangeUp/CapacityBuilders • 2006 – Charities Act • 2007 - Treasury Cross Cutting review, OTS • 2010 – OCS, revised Compact (twice) • 2011 – Unshackling Good Neighbours • 2012 – Charities Act Review
  • 6. Underlying issues... • Role and purpose of voluntary action: public benefit • Resources: people, assets, funding, resilience • Independence and interdependence: too close to government? • Modernisation; being a „sector‟ • Distinctiveness: blurred boundaries, emergence of social enterprise
  • 7. The Coalition: differences in direction Some significant differences in detail and priority from the last 13 years  More emphasis on small charities  Social action: furthered by social norms (nudges) or targets and regulation?  Public services: open, transparent, results- oriented, level playing field  Less favourable towards campaigning  Resources: from funding to financing
  • 8. And, you know, there is no such thing as society. There are individual men and women, and there are families. And no government can do anything except through people, and people must look to themselves first. It's our duty to look after ourselves and then, also to look after our neighbour.
  • 9. The Big Society: big confusion? • de “....where people in their everyday lives...don‟t always turn to officials, local authorities or central government for answers to the problems they face...but instead feel both free and powerful enough to help themselves and their own communities.”
  • 11. Where next? • The ideological environment: revising ideas about the role of the state and what charity is for? • The legal environment: charities act review • The regulatory environment: lighter touch (or lower cost?) • The tax environment: greater scrutiny/challenge • The financial environment: cutting public spending, expanding social finance • The service delivery environment: ideas about who and how to deliver services and what make them accountable