260 / 462
GAZETTE
JULY/AUGUST 1991
no longer applicable. Therefore, the
ATGWU and other British-based
unions could not register with the
Irish Regisrar.
9
The 1941 Act,
however, t ook the Me r ed i th
decision into account by allowing
British-based unions to be granted
negotiation licences without being
registered in the State. "Authorised
trade un i on" was a concept
introduced by the 1941 Act.
Public Information on British-
based Unions
Although not formally registered in
the State, these unions must meet
certain requirements. Sect. 13 of
the 1941 Act provides, inter alia, for
union rules on entry and cessor of
membership of persons resident in
the State; notice to the Minister for
Labour of registered Office.
Names of persons to receive
service of documents and also of
changes in committees and rules
must also be notified. Sect. 17 of
the 1975 Ac t, operative by
Ministerial Order, SI 177 of 1983,
provides for a commi t t ee of
management of members resident
in the State or Northern Ireland.
The latter provision acknowledged
the position of British-based unions
operating in an all-Ireland context.
The Irish Congress of Trade Unions
(ICTU) is an all-Ireland body.
On the other side of the coin,
unions registered in Dublin but
operating across the border, e.g.
ITGWU (now part of SIPTU), and
also INTO and IBOA, representing
national teachers and bank officials
respectively, have traditionally been
required to furnish information to
the Registrar in Belfast. The
functions of the English Registrar
on trade unions are now performed
in a modified way by the Certifica-
tion Officer, London. British trade
union law has diverged consider-
ably from that in the Irish juris-
diction and the 1871 statutory
base.
Conclusion
It is appropriate that there should
be a statutory office in the Irish
jurisdiction, such as the Registrar of
Friendly Societies, independent of
the Department of Labour, to
register trade unions' rules and
mergers. Sometimes the Regis-
trar's decision e.g. on transfer of
engagements as in the NUJ & IPU
case, or in registering a new union,
although in accordance with law,
may be contrary general official
policy on trade union rationalisa-
tion. Such independence of the
Registrar, however, protects the
interests of trade unions and their
members, e.g. by providing an
objective check and also an
inexpensive means of processing
complaints.
Law Reform Required
The Registrar of Friendly Societies
is limited in his functions to the
statutory provisions of the Trade
Union Acts, the basic one dating
from 1871. The High Court decision
in the NUJ/IPU case, however, has
highlighted the need for law reform
of procedures on trade union
registration and mergers, and the
position of external unions (British-
based) operating in the Irish
jurisdiction.
Many of the detailed procedures
on registration and submission of
information to the Registrar are
outdated e.g. there is no clear
statutory requirement for audited
accounts; the 1871 Act uses
outdated terms such as workmen
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