The government has opened a public consultation on proposals to automatically ban people from senior leadership positions in charities if they are convicted of a hate crime.
The Department for Digital, Culture, Media and Sport said today that under the proposals, which were first announced in March, people convicted of hate-related offences would be automatically disqualified from being a trustee or senior manager at a charity until their conviction is spent.
The DCMS is also proposing giving the Charity Commission additional powers to disqualify people “where there is evidence that they have promoted violence or racial or religious hatred”.
The 10-week consultation invites views on how the powers should operate in practice, including how they can protect charities while safeguarding legitimate debate, campaigning and freedom of expression.
The proposed new laws, which would apply in England and Wales, say anyone who is convicted of committing a hate crime under the Public Order Act 1986 or the Crime and Disorder Act 1998 cannot serve as a trustee or senior manager until their conviction is spent.
The proposals also include a measure to disqualify anyone who is convicted of knowingly or recklessly providing the Charity Commission with false or misleading information, or altering, suppressing, concealing, or destroying evidence, until their conviction is spent.
The government also proposes that anyone who is convicted of a serious national security offence, such as disclosing protected information or assisting a foreign intelligence service, will be automatically disqualified from charity leadership positions until their conviction is spent.
Vicky Foxcroft, the charities minister, said: “Charities do incredible work in every community across the country, supported and trusted by the public. The vast majority are well run and make an enormous contribution to society.
“But where people seek to use charities as a platform to promote hatred or violence, we need to make sure the Charity Commission has the powers it needs to act.
“Our proposals would strengthen the safeguards around charities while protecting legitimate debate and campaigning.
“We want to hear from charities, trustees and the wider public on our plans so that we get them right in practice.”
David Holdsworth, chief executive of the Charity Commission, said: “Lawful freedom of speech is fundamental to any democracy and robust debate, differences of opinion, and oppositional world views have always been features of our vibrant charity sector – and always will be.
“However, there is no place in the charity sector for the promotion of violence or racial or religious hatred, and our powers must keep pace with the changing threats in this area.
“We have worked closely with the government to develop proposals that will help us protect charities against those who would misuse them to spread hate and we encourage people to take part in the consultation and have their say about these.”
The consultation will close at 5pm on 23 December.