The Gazette 1991

GAZETTE

initiated by the Registrar, may be

constitutionally suspect.

Trade Union Amalgamations

Regulations,

1976 - (S.1. No. 53 of

1976), made by the Minister for

Industry and Commerce, with the

consent of the Minsiter for Labour,

under Sect. 13 of 1975 Act contain

detailed procedures on: The man–

ner for obtaining the Registrar's

approval to proposed instruments

of amalgamation or transfer, con–

tent and registration of such instru–

ments, changes of name, and also

notices for members' information.

Mr. Justice Keane in his judg–

ment stated that while some of the

pre-1921 legislation has been

amended or repealed, the bulk of it

remains on the statute book. For

reasons stated later in this article,

it is my view that this corpus of

basic legislation on trade unions,

inherited from a United Kingdom

based on Ireland, England/Wales

and Scotland, served its purposes

but is now outdated and should be

replaced.

Further Points from IPU/NUJ

case and Decision of Keane J.

Constitutional and Territorial

Aspects

Mrs. Mary Robinson, SC, for the

Applicants, submitted that the

relevant legislation should be

construed in the light of the

guarantees of freedom of associa–

tion contained in Article 40.6.1. (iii),

and that accordingly, "the Court

should lean in favour of an

interpretation (of the Trade Union

legislation) which facilitated the

merger (if that is how it can be best

described) desired by both bodies".

Mr. Ercus Stewart, SC, for the

Registrar, contended that the

legislation should be construed as

being confined to trade unions

registered in this jurisdiction under

relevant legislation. Otherwise, it

would mean imputing to the legis–

lature an intention that trade unions

in foreign jurisdictions, having no

connection with this State, could

req'uire the Irish Registrar to

process applications for their

amalgamation or transfer of

engagements to each other.

Mr. Justice Keane, in his judg–

ment, stated that the constitutional

guarantee of the right to form

associations and unions did not

require him to read the legislation

so as to extend the benefits of the

240

Act (of 1975) to unions in other

countries, except so far as the

legislation itself actually provided.

The learned Judge declined to

confer an extra-territorial con–

struction on the legislation.

Therefore, a body which is a trade

union under the law of a foreign

cO'Untry and is not registered in this

State as a trade union cannot be

regarded as a trade union within

the meaning of the Trade Union

Acts 1871-1982, and specifically

within the meaning of s 2 (3) of the

Act of 1975 although s. 2, 1913 Act

was less restrictive.

Wider Issues

The Registrar of Friendly Societies

and the High Court interpreted the

existing law conscientiously in the

NUJ/IPUand Registrar case. The

effect of the decision, however,

raises interesting wider issues.

These require clarification and

possibly legislative amendments,

preferably in a consolidated Trade

Union Act rather than in a piece-

JULY/AUGUST 1991

meal legislative approach.

Vital wider issues relate to:

(1) Rationalisation of trade unions,

through mergers, and

(2) The legal position of unions

with headquarters in another

country, i.e. in practical terms up to

now that meant British-based

unions, operating in the Irish

jurisdiction through branches. In

the Single Market, '92, there may

be a wider European dimension of

mega-unions across frontiers.

Rationalisation of Trade Unions

Successive Irish Governments,

political parties and the trade union

movement itself agree that the

proliferation of trade unions is

inefficient and that rationalisation

through mergers is necessary. The

Department of Labour provides

grants towards expenses to

encourage the merger of unions,

under Sect. 15, 1975 Act as

amended by Sect. 22, Industrial

Relations Act, 1990.

TECHNOLOGY ADVISORY GROUP

This informal group has been established by members of the

profession and with the encouragement of the Technology

Committee with a view to encouraging the use of technology and

computers in practitioners offices. The group also hopes to provide

a forum for education and support of users and potential users

of new technology.

Membership of the group is open to all members of the profession

and to those associated with it or who are working in solicitors

offices.

is intended to provide encouragement in a practical way for

practitioners and to publicise new developments by publication in

the Gazette or through local workshops and seminars organised

in conjunction with local Bar Associations.

Initially, the group will contribute a monthly column to the Gazette

on aspects of computers and the legal profession. It is also intended

to hold a series of seminars throughout the country beginning with

one before Christmas at a venue yet to be chosen. These seminars

will address the basics of word processing and automated

accounting together with an overview of what technology can do

on a practical level for a legal office.

The group is' committed to providing a jargon-free and a practice

oriented source of advice.

you require any further information

please contact the Honorary Secretary:

John Furlong, c/o WILLIAM FRY,

Fitzwilton House, Fitzwilton Place,

Dublin 2.

Telephone: 01-681711.