Branches of the Samaritans suicide prevention charity in Ireland are to consider establishing themselves as limited companies for the first time to protect volunteers from potential legal action by callers or other parties.
An internal document circulated to volunteers of the Dublin branch proposes two options: either that it establish itself as a legal entity and become an affiliate of the UK-based Samaritans, or that it become part of the central UK charity and transfer its assets and liabilities there.
The changes are being proposed on foot of an examination of the Samaritans overall corporate governance structures at head office level in the UK.
The Dublin document says the current legal status of the Samaritans branch has “some very significant legal shortcomings”.
“In our current unincorporated status if we were to be sued by a caller or any person or party we engage with, we would have to meet any potential damages award from the branch resources,” notes the document.
Personally liable
If the branch did not have sufficient resources to meet these awards, then some members could become personally liable, it warns.
“To have members potentially liable for actions taken against the branch is clearly undesirable and a compelling reason to change as we want our volunteers to take on necessary management, fundraising, and outreach roles without incurring any risk of personal liability.”
When the branch was set up in the 1970s, the option to establish as a company limited by guarantee did not exist.
The consultation document says that if the Samaritans in Ireland refuses to elect either the affiliation route or to join the UK charity as a branch, then it could no longer call itself the Samaritans or use the brand in any way.
The central committee in Dublin “strongly favours” the affiliation option as this will allow the charity to retain its independent status.
Information meetings are to be held for volunteers later this month and the issue will be voted on at an extraordinary general meeting in September.
Samaritans has 12 branches and about 1,500 volunteers in Ireland.
In a statement, Samaritans said it would be the first time branches in the Republic have adopted such an incorporated structure.