History

Under the Charitable Donations and Bequests (Ireland) Act 1844 a body corporate known as “The Commissioners of Charitable Donations and Bequests for Ireland” was created as and from the 1st day of January 1845. The purpose of the Commissioners was to ensure “the more effectual application of charitable donations and bequests in Ireland”. Originally the Commissioners consisted of the Master of the Rolls, the Chief Baron of the Court of Exchequer and a Judge of the Ecclesiastical Courts together with ten other persons appointed by the Crown of whom five were required to be persons professing the Catholic religion.

The enactment of the1844 Act had been opposed by Daniel O’ Connell and criticised by some religious leaders. It does appear, however, that the judicial involvement and the religious balance provided for in the Act was effective to secure the confidence of the religious communities who were and are frequently involved in the administration of charities. This confidence was achieved at a time of much religious and political bitterness. It is the understanding of the Commissioners and the Secretariat that the Commissioners continue to enjoy the support and confidence of all religious denominations together with that of the legal and financial professions. It has not been necessary for the Commissioners to institute or defend legal proceedings at any time within the last 30 years.

The Charities Act 1961 provided that the Commissioners should continue in being and consist of not more than eleven members each of whom should hold office until his death, resignation or removal from office. Commissioners are appointed by the Government from time to time as occasion requires. The 1961 Act does not prescribe any qualifications for persons to be appointed as Commissioners but in practice the Government maintains the traditional representation of different religious denominations. In addition, appointments by the Government have secured an appropriate gender balance on the Board. Again the original concept of including members of the judiciary to assist in carrying out the quasi judicial functions of the Commissioners is maintained in practice though not prescribed by law. At present three judges of the High Court and one retired judge of the Supreme Court are Commissioners.

The records of the Commissioners from their inception in 1845 have been carefully preserved.

The Commissioners submit an annual report to the Minister for Community Rural and Gaeltacht Affairs. The 156th report of the Commissioners was submitted to the Minister on the 25th day of June 2004 and is available for inspection on the website maintained by the Department of that Minister.

Monies invested by the Commissioners on behalf of Charities are held in a Common Investment Fund currently managed by A.I.B (Investment) Managers Limited. The performance of the Fund manager is being reviewed on behalf of the Commissioners by Mercer Investment Consulting. The amount at present held in the Fund exceeds €32,500,000.