Section 7: Protection of Freedom of Expression in Policy Advocacy Activities – Irish Charities Act 2009.

Section 7 of the Irish Charities Act 2009 provides protection to charities engaging in policy advocacy activities. The section states that charities are allowed to advocate for changes in law, policy, or practice as long as they do not engage in political campaigning. This section is important for charities as it allows them to speak out on issues that are important to them without fear of losing their charitable status.

Facts:

The Irish Charities Act 2009 was enacted to regulate the charitable sector in Ireland. The act defines a charity as an organization that is established for charitable purposes only and operates exclusively for the public benefit. The act also sets out the requirements for registering as a charity and the obligations of registered charities.

Section 7 of the act provides protection to charities engaged in policy advocacy activities. This section allows charities to advocate for changes in law, policy, or practice as long as they do not engage in political campaigning.

Relevant Laws:

The relevant laws in this case are the Irish Charities Act 2009 and the Irish Constitution. The Irish Constitution guarantees freedom of expression, which includes the right to advocate for changes in law, policy, or practice.

Case Laws:

There have been several cases that have interpreted section 7 of the Irish Charities Act 2009. One such case is the case of Amnesty International Irish Section v The Minister for Justice and Equality. In this case, Amnesty International argued that section 7 of the act was unconstitutional as it restricted their right to freedom of expression. The court held that section 7 was constitutional as it was a reasonable restriction on freedom of expression.

Another case that has interpreted section 7 is the case of Christian Solidarity Worldwide (Ireland) v The Minister for Justice and Equality. In this case, Christian Solidarity Worldwide argued that section 7 was too restrictive and prevented them from advocating for changes in law and policy. The court held that section 7 was not too restrictive and that charities were allowed to advocate for changes in law and policy as long as they did not engage in political campaigning.

Key Legal Issues or Questions:

The key legal issue in this case is whether section 7 of the Irish Charities Act 2009 is constitutional. Another key legal issue is whether section 7 is too restrictive and prevents charities from advocating for changes in law and policy.

How do the Laws Apply to the Facts:

The Irish Constitution guarantees freedom of expression, which includes the right to advocate for changes in law, policy, or practice. Section 7 of the Irish Charities Act 2009 provides protection to charities engaged in policy advocacy activities. Charities are allowed to advocate for changes in law, policy, or practice as long as they do not engage in political campaigning. The courts have held that section 7 is constitutional and not too restrictive.

Likely Outcome:

Based on the application of law to the facts, the likely outcome is that section 7 of the Irish Charities Act 2009 is constitutional and not too restrictive. Charities are allowed to advocate for changes in law, policy, or practice as long as they do not engage in political campaigning.

Alternatives or Different Interpretations:

There are no viable alternatives to the main legal interpretation of section 7 of the Irish Charities Act 2009. The courts have consistently held that section 7 is constitutional and not too restrictive.

Risks and Uncertainties:

There are no significant legal risks or uncertainties associated with section 7 of the Irish Charities Act 2009.

Advice to the Client:

Based on the assessment of the law and the facts, the advice to the client is that they are allowed to advocate for changes in law, policy, or practice as long as they do not engage in political campaigning.

Potential Ethical Issues:

There are no potential ethical issues or conflicts of interest associated with section 7 of the Irish Charities Act 2009.

Possible Implications or Consequences:

The potential implications or consequences for the client are that they can speak out on issues that are important to them without fear of losing their charitable status. This could have positive financial, reputational, and strategic considerations for the client.