COP26 and charities
https://w3w.co/restless.everybody.fries

COP26 and charities

Here are my 4 steps that led me to conclude that?ALL charities need to help tackle climate change:

  1. A charity is defined as an institution established for charitable purposes and subject to the control of the High Court’s charity law jurisdiction.?
  2. Charitable purposes means that the institution must fall within the descriptions of purposes in the Charities Act 2011 and be for the public benefit.
  3. There are two aspects of public benefit: the “public aspect” and the “benefit aspect”. The “public aspect” of public benefit is about who the purpose benefits and it must benefit the public in general, or a sufficient section of the public and not give rise to more than incidental personal benefit. The “benefit aspect” of public benefit is about whether the purpose is beneficial and any detriment or harm that results from the purpose must not outweigh the benefit.
  4. The “public” benefit through charities tackling climate change is that homes will not be underwater and crops will not be decimated. The “benefit” is that failing to do so will otherwise threaten life on earth.

Therefore, a charity cannot act with charitable purpose and ignore the obligation to act on climate change. All charities have a reason to help in the climate change emergency if they are to provide public benefit and, as custodians of our planet, we must also do our duty regardless of the above logic.?

Addressing the COP26 preliminary opening on 31 October 2021, Abdulla Shahid, President of the UN General Assembly said:

No alt text provided for this image
“...Let us work together... and get this done.”

“We have run out of excuses. It is time to do the right thing.”


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[1] For simplicity, references are to charities in England and Wales. However, a similar logic can be applied in Scotland whereby to pass the charity test an organisation must have only charitable purposes, and have activities which provide public benefit in Scotland or elsewhere.

[2] In our changing climate, sea levels are rising and a city such as Venice, which is also sinking, is particularly susceptible to such changes. I took this photo on 3 November 2019 at the Basilica di San Marco. Exact location is at https://w3w.co/fail.jotting.climate

Chris Potter

Non-executive director with audit, technology, digital transformation and security experience

3 年

Charities that have investment funds have a good opportunity to influence the corporate world on ESG through their investment choices, in addition to the steps they take to reduce and eliminate their own carbon footprint

Gayle Monk

Legal Director at Anthony Collins Solicitors LLP - I help clients across sectors with public contracts, subsidy control, procurement and environmental matters

3 年

I couldn't agree more, Nick. It is everybody's responsibility to tackle climate change, regardless of the core purpose of the organisation. Any organisation - charitable or not - that considers itself to be an ethical organisation, must be part of the conversation.

Richard Williams

Chief Executive Officer at Honorary Treasurers Forum

3 年

Thank you Nick a succinct set of reasons that charities can't and shouldn't ignore.

Andrew Robinson

Tax Partner at RSM

3 年

Food for thought indeed! Which got me thinking - if a charity acts in a way that actually harms the environment, should it be subject to sanctions by the regulator on the basis that the charity is not benefiting the public? I can't see it happening, but are drastic measures such as this needed to deal with the climate crisis...?

Stephen Gilbert

Chartered Governance Professional (FCG) specializing in the not for profit sector for over 25 years.

3 年

A timely article, not just because of COP26, becuase of the increasing interest in applying ESG criteria to charity investment. Thanks Nick, a most helpful thought piece.

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