The Charity Commission has published a regulatory case report today stating that the charity RUSI (Royal United Services Institute for Defence and Security Studies) inadvertently gave support to a Liberal Democrat MP and the Liberal Democrat party through a research project that the MP commissioned the charity to undertake.

The issue came to light when the Electoral Commission made a referral to the Charity Commission, giving information that the MP had used a donation to commission research from the charity.

This research paper related to the ‘Military Covenant’ and was used for a Liberal Democrat party political paper, written by Sir Menzies Campbell MP, entitled ‘No Choice but Change’ and published on 26 September 2008.

This raised concerns for the Charity Commission that the charity may have supported a politician and/or political party, and had acted in a way which could call into question the charity’s independence from party politics.

It was also unclear whether the charity research had been used by the charity for the public benefit because of its limited dissemination.

These issues had the potential to constitute infringements of the charity trustees’ duties and responsibilities and the Commission’s published guidance, including guidance on charities engaging in political activities, and therefore warranted further investigation.

The Charity Commission opened an investigation in March 2009 and today has published its findings in a report at www.charitycommission.gov.uk.

Sir Menzies Campbell MP was unaware of any concerns which might have arisen from the charity undertaking the research.

The Commission’s investigation focused only on how the trustees discharged their responsibilities and duties under charity law.

The Commission concluded that it was difficult to see how the trustees had discharged their legal duties and responsibilities to the charity in making the decision to undertake the research commissioned exclusively by and for the MP.

The Commission therefore concluded in its report that in accepting the commission from the MP, the charity inadvertently gave support to the MP and the Liberal Democrat party in a party political context.

This was not appropriate, nor an activity that furthered RUSI’s charitable objectives for the public benefit as the material was not made publicly available.

The Commission provided the charity with advice and guidance regarding the legal and regulatory requirements that must be complied with by charities engaging in the political environment.

Additional regulatory advice and guidance relating to requests to undertake research from political parties and/or politicians was also provided.

As a result of the Commission’s intervention, the charity has amended its own internal policies and staff procedures regarding interaction with politicians and political parties to ensure that a similar situation does not occur in the future.

The charity cooperated fully with the Commission’s enquiries throughout and has welcomed the regulatory advice and guidance the Commission has provided.

In its regulatory case report, the Commission reminds charities that it is a fundamental principle that charities must remain independent from party politics and cannot give specific support to a political party, politician or political candidate.

The Commission provides guidance for Higher Education Institutions on research, which can be found at http://www.charitycommission.gov.uk/supportingcharities/higherres.asp as well as charities and political donations, and guidance on Charities and Campaigning called Speaking Out on its website at www.charitycommission.gov.uk.