The Gazette 1992

GAZETTE

JANUARY/FEBRUARY 1992

ally recommended to practising lawyers, w ho will particularly appreciate the enjoyment given by an injection of humour into an otherwise boring case; but non- lawyers will also be entertained - even if their image of the law in a c t i on has been c r ea t ed by Rumpole (alias, Leo McKern) on television. The reviewer must introduce a note of criticism as to the number of 'typos' in the text (about twen t y ), regrettable when the author, as lawyers tend to do, has fine-tuned his wo r d s. The t r oub le w i t h typographical errors is that when one is found, the reader is inclined to be distracted, anticipating the next one. One 'typo' the author himself probably enjoyed was in the course of the reference to a 'supergrass' trial in the Old Bailey at wh i ch he was the presiding judge. Part of the text reads (p.204): " S o that the accused could not be seen by t he public, wo o d en shutters were placed around the deck [sic]". Perhaps it was in reality an admiralty case where " t h e d o c k " b e c omes " t h e d e c k "! Mr. Comyn's undoubted skills as an advocate, judge and writer (including his previously successful books Their Friends at Court and Irish at Law) also extend to the wr i t i ng of light verse, w i th a se l ec t i on of wh i ch t he book c o n c l u d e s. I n c l uded is t he following, entitled "The River of Goodness": See the sober River Liffey Saunter on in solemn state Through the pleasant lands of Wicklow Till it gets to James's Gate.

based on a code of voluntarism and therefore an applicant to the Labour Court should apply to the Court to be represented by solicitor or counsel. The Court will grant such representation where it is of the opinion that such representation is merited. The reality is that the Court will accept applicants being represented by the legal profession and recently many more employers and employees are represented by lawyers especially in equality cases where the Labour Court has a quasi-judicial role. The Industrial Relations Act, 1990 reflects a modern Ireland. Tony Kerr has provided us w i th an excellent c omme n t a ry on t he va r i ous sections of the new Act using as source material both Irish and more recent UK case law and, of course, the Dail debates. Sadly, a number of these cases are unreported; however, Mr. Kerr has gone to a great deal of trouble to refer to valuable newspaper reports. This was no easy task as the book has been published within a year of the commencement of the Act. One may suggest that the book was printed too quickly as there is a considerable volume of useful info- rmation in the Preface. Nonethe- less, an excellent commentary is provided on the new definitions of 'trade dispute', 'employer', 'in- dustrial action' and 'strike'. In summary, the Act continues the system of immunities as under the 1906 Act to members of registered trade unions in dispute. The new requirement for secret ballots by members of trade unions (coming into effect in July, 1992), to include aggregate balloting where there is more than one union involved, and strike notice are also considered. Specific rules on one-person disputes are very well highlighted with reference to the case of larnrod Eireann -v- Darby and O'Connor - March, 1991. The new constraints on picketing are considered in some detail to include the picketing of industrial estates and ports. Secondary picketing, although unlawful under the new Act, may be allowed in certain circumstances - this is also considered.

The Trade Union and Industrial Relations Acts of Ireland By Anthony Kerr, Sweet & Maxwell, 250pp, Paperback, IRE36.60 The Industrial Relations Act, 1990 came into effect in July, 1990 w i th one of its main aims to 'make further and better provision for promoting harmonious relations between workers and employers'. This Act, which repealed the much criticised Edwardian Trade Disputes Act of 1906, was hardly 'a child of po l i t i c al exped i enc y, has t i ly conceived' or 'prematurely deliver- ed' using Parke, J's words in his criticism of the 1906 Act in his judgment in Goulding Chemicals - v- Bo/ger and Others (1977) IR 211. Mr. Kerr provides a very useful and i n t e r e s t i ng s umma ry of t he gestation of the new Act. Tony Kerr has rightly taken the opportunity of the passing of the new Act to provide us w i th a full t e x t and c omme n t a ry on all relevant trade union and trade dispute legislation. The first part of the book provides the up to date text and commentary on the Trade Union Act, 1871, the Conspiracy and Protection of Property Act, 1875, the Trade Union Amendment Act, 1876, and the Trade Union Acts of 1913 to 1975. He has also provided the various statutory forms and other relevant material. It is extremely useful having all this documentation together because as correctly stated in the Preface 'this material is not readily available even to those w i th access to law libraries'. The second part of the book provides us w i th the industrial relations legislation namely the Industrial Relations Acts of 1946 to 1990. These Acts established the vo l un t a ry f r amewo rk for Irish i ndus t r i al r e l a t i ons. A l t h o u gh historically less interesting that the previous section of the book, the inclusion of the Labour Court Rules, 1946, makes fascinating reading especially for the legal profession. As stated above, the Irish system is

See it t h e n, agush Guinness, Stagger forward on its way Till it passes out completely When it gets to Dublin Bay.

w i t h

Michael V. O'Mahony

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