The amendment which is proposed follows the wording of the original draft Charities Bill. This would have the effect of requiring the colleges of Oxford, Cambridge and Durham to register with the Charity Commission rather than remain exempt. As I understand it, this is what, certainly, the Oxbridge Colleges wish to see happen because they would prefer to be regulated by the Charity Commission than by their respective universities, which would be almost certainly the result were they to seek to remain exempt.

I understand that the reason why the real Bill has omitted these words is not because there is a proposal that Oxford, Cambridge and Durham Colleges should remain exempt, but because there is some suggestion that, by removing their exempt status, it would change the nature of the Bill from a public general bill into a hybrid bill of some sort. The intention therefore is that these Colleges should not be removed from exempt status by the Bill but should be so removed by the Secretary of State under his powers given by clause 11 (12) and (13) shortly after the Bill is passed.

It is extremely unclear why it should change the nature of the Bill to a hybrid by removing the exempt status of Oxford, Cambridge and Durham Colleges but not by removing the exempt status of Winchester, Eton, Church Commissioners etc.

In the interests of clarity and transparency it seems appropriate that the Bill should contain the Government’s true intentions rather than have them have executed by means of the exercise of the Secretary of State’s powers after the Bill is passed.