261 / 462
GAZETTE
JULY/AUGUST 199 1
and masters. I n summary, subse-
quent t o th epoints highlighted i n
the NUJ/IPU case, i n m y view,
reform i s required a s follows:
Amalgamations an d transfer o f
engagements between Irish-based
and external trade
unions
immediately affect British-based
unions, but there may be long-term
Single Market implications fo r
unions based i nother EC Member
States which establish a presence
in Ireland.
Unions which have their head
offices outside the Irish jurisdiction,
but which operate branches i n th e
State, should be required t o register
with the Irish Registrar o f Friendly
Societies o na nexternal registrar
system following the precedent for
external companies under Part X 1
Companies Act, 1963. Registration
and information procedures would
be rationalised fo rboth Irish an d
external-based unions. Information
about trade unions would b emore
transparent. The trade union move-
ment's policy aimed a t greater
disclosure o fcompany information
should b ereciprocated b y unions
disclosing more data about their
operations. Employers and unions
would welcome a consolidated
modern Act on trade union registra-
tion an dmergers.
The Supreme Court i n reversing
the High Court decision referred,
inter alia,
t o (i) trade unions such as
NUJ, which although not registered
here have a presence and members
in th e State, (ii ) Freedom o f
association under the Constitution
- McCarthy, J. while agreeing with
the Chief Justice referred also t o
the Registrar o f Friendly Societies
having acted i n good faith and with
great propriety.
References
1. (a) National Union of Journalists (NUJ)
& Irish Print Union (IPU) & others,
Applicants, and Noel Martin Sisk
(Registrar of Friendly Societies) and
others, respondents. High Court,
Keane
J., 31 July, 1990. ILT Digest (1991) 9 ILT.
(The other respondents were no t
directly relevant t o th emain issues
discussed i nthis article), (b )Supreme
Court, unreported, 2 0June, 1991 .
2. Statutory
Reports of Registrar of
Friendly Societies,
various years.
Government Publications Sales Office,
Dublin.
3.
Irish Trade Union Law,
A . Kerr & G .
Whyte, 1985 page 47 .
4. Publications o nIrish Labour History,
including
James Larkin - Irish Labour
Leader, 1876-1947,
E . Larkin, London,
1961 & 1989 ;
Saothar,
annual
publication o f Irish Labour History
Society, Beggars Bush, Dublin 4 .
5. Trade Unions in Ireland, 1894-1960,
C .
McCarthy, IPA, Dublin, 1977 .
6. Eagle or Cuckoo, Story of ITGWU in
Ireland,
M .Merrigan, Matmer, Dublin,
1989.
7
. NUR-v- Sullivan & others,
1947, IR 77.
8. ITGWU-v- Green, others & (A)TGWU,
1936, IR 471.
9. McCarthy, ob .cit . ref . 5 a t pages
131-133.
1 0 .
Employment Law,
vo nProndzynski &
McCarthy, 1984 & 1990
General: Trade
Union Law,
Citrine, London, 1960 .
NUJ & IPU an dRegistrar o f Friendly
Societies Case, July 1990:-
Counsei
For Applicants: Mrs .Mary Robinson,
SC, & Mr .Gerard Durcan. B.L . Fo r
Respondents: Mr .Ercus Stewart, SC
and Mr .Roderick Horan, B.L .
Solicitors
For Applicants: Ann Neary & Co .
For Respondents: Liam Lysaght & Co.
In th eSupreme Court, John Rogers,
S.C. and G .Durcan, B.L. appeared fo r
the applicants and Patrick J. Morrissey
& Co . were solicitors fo r th e
respondents.
*Anthony P .Qulnn, Barrister o f King's
Inns & Lincoln's Inn ,an da former
Assistant Principal, Office o f Registrar
of Friendly Societies, Is a member o fthe
Irish Society for Labour Law
& the
Irish
Labour History Society,
bu this article
was written I nhi spersonal capacity.
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