Press release: Trustees removed and disqualified after failing to account for half of charitable expenditure or perform checks on overseas agents

The Charity Commission has removed two trustees and disqualified an individual from trusteeship as part of its investigation into the charity Peacetrail. The charity’s objects were to advance the Islamic faith and relieve poverty by supporting women and children who face financial hardship in the UK and abroad.

An inquiry report published today details a series of failings including a failure to account for at least £92,110 – nearly 50% of the charity’s total expenditure.

The Commission opened the investigation on 31 March 2016 and found self-authorised salary payments to the charity’s CEO, unmanaged conflicts of interest and a lack of due diligence or monitoring of those the charity worked with. The Commission’s findings are set out in this report.

The inquiry concluded that the trustees had failed to exercise control over the charity’s finances or oversee the CEO; and the Commission made orders under section 79(4) of the act to remove two individuals as trustees of the charity. These individuals are now disqualified from acting as trustee of any other charity unless they obtain a waiver from the Commission or the courts.

The inquiry was also concerned by the conduct of the charity’s CEO and their role in the charity. Therefore the Commission used its powers under section 181A of the act to disqualify the CEO from being a charity trustee or holding a senior management position within a charity for 4 years and 6 months. The disqualification came into effect on 18 January 2018.

The charity, which was a Charitable Incorporated Organisation, has been dissolved in accordance with the Charitable Incorporated Organisations (Insolvency and Dissolutions) Regulations 2012 and ceased to exist when it was removed from the Register of Charities on 31 October 2017.

Michelle Russell, Director of Investigations, Monitoring and Enforcement at the Charity Commission says:

The public rightly expects those entrusted with charitable funds to steward and safeguard them appropriately. That sadly did not happen in this case. The trustees of Peacetrail clearly failed to discharge their legal duties which is why we exercised our powers to remove them.

Charity trustees have an important legal duty to ensure that their charity’s funds are spent on the charity’s objects. This includes keeping clear accounting records that can evidence exactly where charity money has gone. Transparent reporting in this way is vital for maintaining public trust and confidence in charities.

The Commission’s full report of its inquiry is available on GOV.UK.

Ends.

Notes to editors

  1. The trustees were removed pursuant to section 79(4) of the Charities Act 2011, which also has the effect of disqualifying them from being charity trustees or acting as trustees for a charity under section 178 of the act.
  2. The new discretionary disqualification power in section 181A of the Charities Act 2011 brought in by the Charites Act 2016 allows the regulator to disqualify a person it considers unfit from being a trustee, for a maximum period of 15 years.
  3. The Charity Commission is the independent regulator of charities in England and Wales. To find out more about our work, see the about us page on GOV.UK.
  4. Search for charities on our check charity tool.

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Link: Press release: Trustees removed and disqualified after failing to account for half of charitable expenditure or perform checks on overseas agents
Source: Gov Press Releases

Press release: Superfast broadband now available to more than 19 out of 20 UK homes and businesses

The Government has delivered on its manifesto commitment to extend superfast broadband to 95% of the UK by the end of 2017, DCMS Secretary of State Matt Hancock announced today.

Figures published by www.thinkbroadband.com have confirmed that more than 19 out of 20 UK homes and businesses now have the opportunity to upgrade their internet connections to superfast speeds of 24 Mbps or faster – more than double what Ofcom advise is required by a typical family home.

The £1.7 billion Government rollout of superfast broadband to areas deemed “not commercially viable” by industry has so far reached more than 4.5 million UK premises that would otherwise have been left in the connectivity slow lane, the majority of which are in rural areas. In addition to the huge benefits to our day-to-day lives that superfast speeds offer, this closing of the “digital divide” has also delivered a significant boost to local economies – creating around 50,000 new local jobs and generating an additional £8.9 billion in turnover in the areas covered by the Government rollout between 2013 and 2016.

DCMS Secretary of State, Matt Hancock said:

Over the last 5 years, the Government’s rollout of superfast broadband has made superfast speeds a reality for more than 4.5 million homes and businesses who would otherwise have missed out. We’ve delivered on our commitment to reach 95% of homes and businesses in the UK, but there’s still more to do in our work building a Britain that’s fit for the future. We’re reaching thousands more premises every single week, and the next commitment is to making affordable, reliable, high speed broadband a legal right to everyone by 2020.

December was a particularly busy month for Openreach who, as the Government’s major partner on this massive infrastructure project, have been working hard throughout the winter months to ensure the rollout remained on track. In total, around 800,000 homes and businesses were reached last year through the UK Government BDUK programme alongside commercial delivery, with Openreach delivering the major proportion of this achievement; and as a result of this deployment, the 95% target was achieved in December 2017.

Clive Selley, CEO, Openreach, said:

This is without doubt an extraordinary achievement and I’d like to thank the thousands of Openreach engineers and the many more of our people supporting them, who have worked so tirelessly to make this happen.

We have come a long way in a short space of time, with one of the fastest broadband deployments in the world. This is an important milestone – but we’re not stopping here. We’re determined to get Britain – the whole of Britain – hooked up to decent broadband speeds. The Government’s Universal Service Obligation will make high speed broadband a legal right and we’ll be working with industry, Government and Ofcom to deliver this. In the meantime, we’ll be continuing to expand our network to address the remaining not-spots through a combination of our own commercial programmes and our partnerships with local authorities and communities.

A clause in the Government’s contracts requires suppliers to recycle funding when people take up superfast connections installed as part of the programme. Over 2.25 million homes and businesses have taken up superfast broadband in areas covered by BDUK projects. To date, BT has set aside £477 million to extend coverage over the full lifetime of the contracts – up from £292 million in December 2016 – in nations and regions around the UK.

Combined with project efficiencies of at least £210 million resulting from the successful management and delivery of the programme, there will be up to £687 million available for local authorities to re-invest and take superfast speeds to those homes and businesses not already covered by existing plans.

Together with other planned delivery, this will help take superfast coverage to the majority of the remaining premises over the next few years. In addition to this, the Universal Service Obligation the Government is bringing in will give everyone the legal right to high speed broadband (10Mbps or faster) by 2020, meaning that no-one is left behind, and that all UK homes and businesses have the connectivity they need in the digital age.

Notes to Editors

  1. The latest broadband coverage figures are at the ThinkBroadband website

Link: Press release: Superfast broadband now available to more than 19 out of 20 UK homes and businesses
Source: Gov Press Releases

Press release: Foreign Secretary statement on Kabul attack

The Foreign Secretary Boris Johnson said:

I am shocked and appalled by yesterday’s horrific attack in Kabul and condemn it in the strongest possible terms. The use of an ambulance as a weapon to target civilians is despicable.

Once again, so many innocent Afghan lives lost and so many people’s lives affected. My heartfelt condolences go out to the victims and their families. I commend the brave Afghan men and women in the emergency services for their response to this brutal act.

The UK stands resolutely with Afghanistan against terrorism and calls for those responsible to be brought to justice. We remain firmly committed to supporting Afghan efforts to bring peace to Afghanistan. Yesterday’s attack makes it all the more crucial that all parties intensify efforts to pursue dialogue. Regional and international partners must be united in support of this goal. The Afghan people deserve peace.

Further information

Link: Press release: Foreign Secretary statement on Kabul attack
Source: Gov Press Releases

Press release: Boost for drivers as government backs clamp down on rogue parking firms

Drivers will receive new legal protections from unscrupulous private parking operators as Communities Secretary, Sajid Javid, today (28 January 2018) confirmed that government will support new legislation aimed at raising standards in the industry.

Evidence shows that, in total, nearly 10,000 people approached the Citizen’s Advice Bureau for advice on private parking tickets last year and parking firms are issuing almost 13 times more tickets than decade ago.

Drivers are increasingly complaining of inconsistent practices, substandard signage, confusing appeals processes and intimidating payment letters.

That is why the government is supporting new legislation to regulate the private parking industry.

Under the plans, which will deliver on a manifesto commitment to tackle rogue parking operators, a stringent new Code of Practice will be developed by the Secretary of State in conjunction with motorists groups and other experts.

Those falling foul of the rules would then be blocked from accessing driver data and issuing fines, effectively forcing them out of the industry.

These measures, introduced in a Bill by Sir Greg Knight MP, build on action government has already taken to tackle rogue private parking operators, including banning wheel clamping and towing, and over-zealous parking enforcement by councils and parking wardens.

Secretary of State for Communities, Sajid Javid, said:

For too long drivers have suffered from unjust fines at the hands of dodgy parking firms.

We need a fairer, clearer and more consistent system that brings the small minority of unscrupulous operators in line with those who are behaving appropriately.

That is why government is putting the brakes on these rogue operators and backing new laws that will put a stop to aggressive behaviour and provide a simpler way for drivers to appeal fines.

Industry bodies have lined up to support the Bill, which will receive its Second Reading in the House of Commons on Friday (2 February 2018).

Steve Gooding, director of the RAC Foundation, said:

Motorists will be delighted that the government is throwing its weight behind Sir Greg Knight’s move to bring some much needed regulatory rigour to the world of private parking.

We all hoped the ban on clamping would end the sharp practices that had come to plague private parking, but the fact that companies are issuing millions of penalty tickets annually is clear evidence that something is still going
badly awry.

Drivers don’t want a parking free-for-all, but they do want a system that is fair to all parties and that’s what a code of practice set by government – rather than the industry itself – should bring about.

Andrew Pester, Chief Executive of the British Parking Association, said:

We welcome Sir Greg’s Bill that aims to drive consistency and fairness in the private parking sector. Our membership already complies with a robust Code of Practice which we continuously seek to improve through consultation.

A single, mandatory code of practice across the whole sector is important to ensure that unscrupulous providers don’t undermine the parking sector with bad practice. As the leading authority in the sector we shall continue to work closely with government and key stakeholders to press for progress towards a positive outcome for all.

Further information

The Parking (Code of Practice) Bill is a Private Members Bill introduced by Sir Greg Knight MP.

The new Code of Practice will be drafted up with stakeholders, and would provide the clarity of a single set of rules for private parking, with clearer processes for appeals.

The Secretary of State would also have the power to raise a levy on the sector to fund the production, publishing and enforcement of the code.

At present, there are 2 parking trade associations, the British Parking Association (BPA) and the International Parking Community (IPC). Each has a Code of Practice that their members are required to abide by. A single code is intended to set a higher standard for practices across the sector, especially in the area of appeals against parking tickets.

Citizen’s Advice Bureau statistics show that, in 2017, 5,011 (2016: 4690) people went into their local CAB branch seeking help about private parking. In addition, 4,395 (stats not available for 2016) called the Consumer helpline.

The RAC Foundation expects that, in 2018, 6 million tickets will be issued by firms operating on private land. This is up from 4.7 million in 2017.

RAC Foundation statistics also show that, in the second quarter of 2017-18, 1,429,703 vehicle-keeper records were sold to the private parking firms to issue tickets. This was 1,177% – or almost 13 times – higher than the 111,944 records sold a decade earlier in the second quarter of 2007 to 2008.

The government is currently consulting to stop unfair practices in the issuing of County Court judgments.

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Link: Press release: Boost for drivers as government backs clamp down on rogue parking firms
Source: Gov Press Releases

Press release: Government acts to protect essential services from cyber attack

  • Organisations risk fines of up to £17 million if they do not have effective cyber security measures
  • Sector-specific regulators will be appointed so essential services are protected
  • National Cyber Security Centre today publishes new guidance for industry

Bosses of Britain’s most critical industries are being warned to boost cyber security or face hefty fines for leaving themselves vulnerable to attack following our consultation.

Energy, transport, water and health firms could be fined up to £17million if they fail to have the most robust safeguards in place against cyber attack.

New regulators will be able to assess critical industries to make sure plans are as robust as possible.

A simple, straightforward reporting system will be set up to make it easy to report cyber breaches and IT failures so they can be quickly identified and acted upon.

This will ensure UK operators in electricity, transport, water, energy, transport, health and digital infrastructure are prepared to deal with the increasing numbers of cyber threats.

It will also cover other threats affecting IT such as power outages, hardware failures and environmental hazards.
Under the new measures recent cyber breaches such as WannaCry and high profile systems failures would be covered by the Network and Information Systems (NIS) Directive.

These incidents would have to be reported to the regulator who would assess whether appropriate security measures were in place. The regulator will have the power to issue legally-binding instructions to improve security, and – if appropriate – impose financial penalties.

Margot James, Minister for Digital and the Creative Industries, said:

Today we are setting out new and robust cyber security measures to help ensure the UK is the safest place in the world to live and be online.

We want our essential services and infrastructure to be primed and ready to tackle cyber attacks and be resilient against major disruption to services.

I encourage all public and private operators in these essential sectors to take action now and consult NCSC’s advice on how they can improve their cyber security.

The National Cyber Security Centre (NCSC), the UK’s centre of cyber excellence established in 2017, has today published detailed guidance on the security measures to help organisations comply. These are based around 14 key principles set out in our consultation and government response, and are aligned with existing cyber security standards.

National Cyber Security Centre CEO Ciaran Martin said:

Our new guidance will give clear advice on what organisations need to do to implement essential cyber security measures.

Network and information systems give critical support to everyday activities, so it is absolutely vital that they are as secure as possible.

The new measures follow the consultation held last year by the Department for Digital, Culture, Media and Sport seeking views from industry on how to implement the NIS Directive from 10 May 2018.

Fines would be a last resort and will not apply to operators which have assessed the risks adequately, taken appropriate security measures and engaged with regulators but still suffered an attack.

Following the consultation, incident reporting arrangements have been simplified, with operators reporting to their Competent Authority. Penalties will be fixed at a maximum of £17 million and the new legislation will be made clearer for companies to know whether they have to comply with the NIS Directive.

The NIS Directive is an important part of the Government’s five-year £1.9 billion National Cyber Security Strategy to protect the nation from cyber threats and make the UK the safest place to live and work online. It will ensure essential service operators are taking the necessary action to protect their IT systems.

Notes to editors

  • For media enquiries please contact the DCMS News and Communications team on 020 7211 6000 or out of hours on 07699 751153.
  • The Government response documents and list of regulators are available online.
  • The 2016-2021 National Cyber Security Strategy sets out how the UK Government will deliver a UK that is secure and resilient to cyber threats; prosperous and confident in the digital world. The National Cyber Security Programme managed by the Cabinet Office coordinates the work undertaken to implement the UK’s National Cyber Security Strategy.

Link: Press release: Government acts to protect essential services from cyber attack
Source: Gov Press Releases

Press release: ARQUEÓLOGO DEL SMITHSONIAN RICHARD COOKE RECIBE HONORES

En la tarde del día jueves 25 de enero, Richard Cooke, científico del Instituto Smithsonian de Investigaciones Tropicales en Panamá, recibió oficialmente la Excelentísima Orden del Imperio Británico en la Residencia del Embajador del Reino Unido.

Este Honor es otorgado por S.M. la Reina dos veces al año en el marco de la celebración de su cumpleaños, y el Año Nuevo. Fue originalmente establecido en 1917 por el Rey Jorge V.

Los recipientes de La Excelentísima Orden del Imperio Británico (Most Excellent Order of the British Empire o M.B.E, por sus siglas en Inglés) son galardonados por sus contribuciones a las artes y las ciencias, contribuciones de caridad y el servicio público, fuera del servicio civil.

Cooke fue nominado a esta promoción por amigos y estudiantes británicos del Reino Unido, quienes reconocieron el impacto de sus contribuciones a lo largo de los años.

El premio fue anunciado por “The Gazette” – la publicación oficial del Reino Unido – en junio de 2017. La nota detalla que el Arqueólogo Cooke fue condecorado debido a sus “servicios a la arqueología y la intelección de la antigua Civilización de América Central.”

Durante la ceremonia, amigos y colegas de Cooke expresaron la magnitud del impacto de sus investigaciones al legado panameño por casi 50 años.

Acerca de Cooke:

Cooke nació en Guildford, Inglaterra en 1946. En 1968 obtuvo su licenciatura en Arqueología y Lenguas Modernas en la Universidad de Bristol. En octubre de 1969 llegó al país para trabajar en lo que resultó en su doctorado de la Universidad de Londres en 1972.

Los principales intereses de investigación de Cooke son: la historia de la pesca en aguas tropicales, la arqueología y la paleo ecología del puente terrestre centroamericano, además de la arqueo-zoología.

Sus trabajos y los de sus colegas nos brindan datos arqueológicos y de la genética humana, la lingüística y la ecología que nos muestra claramente que durante los 15,000 años del período precolombino, había sociedades humanas viviendo en tierras nacionales.

Ha brindado muchas oportunidades profesionales tanto a arqueólogos panameños como a centroamericanos, y de otros países.

Cooke es un incansable promotor de la arqueología panameña.

Link: Press release: ARQUEÓLOGO DEL SMITHSONIAN RICHARD COOKE RECIBE HONORES
Source: Gov Press Releases

Press release: Universal Periodic Review 29th session: Lord Ahmad’s statement

The Universal Periodic Review (UPR) is a unique mechanism of the Human Rights Council (HRC) aimed at improving the human rights situation of all 193 UN member states. The UK strongly supports the UPR process, and we have spoken at every session and about every country since it began. This session saw reviews of 14 countries, namely Barbados, the Bahamas, Botswana, Burundi, France, Israel, Liechtenstein, Luxembourg, Mali, Montenegro, Romania, Serbia, Tonga and the United Arab Emirates.

Modern slavery

During the session we ensured that modern slavery was raised at every review, alongside specific issues relevant to each country. Forced labour, modern slavery and human trafficking are horrific crimes, and the UK Government is fully committed to eradicating them by 2030 as set out in the UN’s Sustainable Development Goal Article 8.7. The Prime Minister has made this a personal priority, and launched the Call to Action at the UN General Assembly in September 2017. I encourage all countries to endorse this Call to Action, to demonstrate leadership and drive change on an international scale. These are global crimes, and require a global response. The UPR process provides a valuable opportunity for us all to commit ourselves to make concrete changes and move the agenda forward, making a real difference to the lives of so many people.

UN Treaty Body membership

We also raised the issue of UN Treaty Body membership at every review this session. These expert bodies are a central part of the UN human rights system, charged with monitoring the implementation of human rights conventions in states which have signed up to them. The membership of Treaty Bodies is central to their success and the UK encourages states to adopt an open, merit-based selection process when selecting national candidates in order to improve membership quality.

Country reviews

Every country’s UPR is important, and as I noted above the UK makes a point of engaging with each and every one of them. At the 29th session of the UPR, Israel and Burundi were among the highest profile of the countries under review.

Israel

I welcome Israel’s engagement with the UPR and am pleased to see the positive steps taken since its last review, including its commitment to eradicate forced labour, modern slavery and human trafficking; and the progress Israel has made on gender equality. However, the lack of reference in Israel’s national submission to substantive progress on human rights issues in the Occupied Palestinian Territories is disappointing. Areas of concern include the need to address Israeli policies on settlement expansion and demolitions.

The advancement by the Israeli authorities of plans, tenders and permits for thousands of settlement units across the West Bank is deeply concerning. Settlements are illegal under international law and undermine both the physical viability of the two-state solution and perceptions of Israel’s commitment to it.

I am also seriously concerned by the Israeli authorities’ continuous demolition of Palestinian properties in Area C of the West Bank and in East Jerusalem. As the UK has made clear in the past, these demolitions cause unnecessary suffering and are harmful to the objective of achieving peace.

Finally, the matter of children in detention in Israel remains highly concerning. The UN Convention on the Rights of the Child, to which Israel is a State Party, clearly sets out the need to grant special care and protection to children. I hope Israel recognises these responsibilities and takes the necessary action to ensure that child detainees are protected, including to engage with partners, like the UK, on best practice.

Burundi

While I welcome Burundi’s participation in the UPR process, I remain deeply concerned that the Government of Burundi has shown no willingness to acknowledge and make efforts to improve the deteriorating human rights situation. It is also distressing that the Government of Burundi continues to facilitate a culture of impunity for the perpetrators. Specific areas which need to be addressed and investigated are arbitrary detentions, violence and executions by security forces, and attacks against human rights defenders. I urge the Government of Burundi to review, in good faith, all of the recommendations made in the UPR; and encourage them to co-operate with the OHCHR and the Commission of Inquiry. The UK and the international community stand ready to work with the Government of Burundi to improve the situation.

Conclusion

I encourage all countries reviewed during this session to give serious consideration to accepting the UK’s recommendations. I trust that those recommendations which are accepted will be fully implemented in a timely manner. I look forward to the formal adoption of these UPRs at the 38th session of the UN Human Rights Council, in June 2018.

Further information

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Link: Press release: Universal Periodic Review 29th session: Lord Ahmad’s statement
Source: Gov Press Releases

Press release: Ministry of Justice launches new facilities management company

The new company will take over the delivery of the prison Facilities Management (FM) services previously provided by Carillion such as cleaning, reactive maintenance, landscaping and planned building repair work.

Around 1,000 staff, including 100 contractors, who were previously employed by Carillion will now move across to the new company, Gov Facility Services Limited, with their terms and conditions of employment preserved.

These services, which are provided to 52 prison establishments located across South West, South Central, Kent & Sussex, Greater London and East of England, will continue unaffected in the transfer.

Justice Secretary, David Gauke said:

We have robust contingency plans and are taking appropriate action to ensure that the prison FM services continue to operate normally.

I want to reassure staff that their jobs are secure and essential to making prisons safer and more decent.

Permanent Secretary, Richard Heaton said:

The Ministry of Justice’s (MOJ) priority is to ensure continuity of service. We are implementing our contingency plan for the prisons facilities management contracts held by Carillion.

This means the work that was undertaken by Carillion will move to a new government-owned company set up for this purpose. I’d like to thank all the Carillion staff who are moving across into the new company, and reassure them that their jobs are secure. The vital work they do to maintain and improve our prisons is greatly valued and appreciated.

The new company has already been created and will take responsibility for the prison FM services as soon as the formal transfer of staff has occurred.

FM is a critical service for Her Majesty’s Prisons and Probation Service (HMPPS) and there is an ongoing need for a continuing service.

MOJ and HMPPS will work with all relevant stakeholders to ensure a stable service which retains skilled and knowledgeable staff working on the FM contracts.

The government has been clear that its priority is to ensure the smooth running of public services. Our robust contingency planning and preparations for the transition to Gov Facility Services Limited has meant there have so far not been any disruptions to prison maintenance.

Link: Press release: Ministry of Justice launches new facilities management company
Source: Gov Press Releases

Publication: Letter dated 15/01/2018 from Lord Ashton of Hyde to Lord Stevenson of Balmacara regarding the re-identification offence, as raised during the debate at report stage day 3

Data Protection Bill [HL]: Letter dated 15/01/2018 from Lord Ashton of Hyde to Lord Stevenson of Balmacara regarding the re-identification offence, as raised during the debate at report stage day 3

Link: Publication: Letter dated 15/01/2018 from Lord Ashton of Hyde to Lord Stevenson of Balmacara regarding the re-identification offence, as raised during the debate at report stage day 3
Source: Data Protection Bill

Publication: Letter dated 04/01/2018 from Lord Ashton of Hyde to Lords regarding Government amendments on de-identified data and application to Crown bodies

Data Protection Bill [HL]: Letter dated 04/01/2018 from Lord Ashton of Hyde to Lords regarding Government amendments on de-identified data and application to Crown bodies

Link: Publication: Letter dated 04/01/2018 from Lord Ashton of Hyde to Lords regarding Government amendments on de-identified data and application to Crown bodies
Source: Data Protection Bill