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GAZETTE
APRIL 1983
Correspondence
The Editor,
The Law Society Gazette,
2 A
P
n l
1 9 8 3
Blackhall Place,
Dublin 7.
Sir,
Perhaps the Minister for Labour may reconsider his
recent ill-considered suggestion that the Law should be
taken out of Industrial Relations — now that the Govern-
ment is at the receiving end of Trade Union advice to
employees to divert P AYE & PRSI away from the
Government.
T o take the Law out of Industrial Relations is about as
sensible as taking it out of drugs abuse or family matters.
The Community needs the Law in all three for its
protection. N o worker was ever jailedior striking — only
for disobeying a court order to stop breaking the law.
The Minister was, of course, only echoing the irrespon-
sible claims to leave the Trade Union Movement a State
within a State — free to break the law with impunity and to
use it when it suits.
To divert an employer's — or the Government's funds
in an employer's hands is no different to putting one's hand
in the till. The sooner this is recognised the better, with the
consequential rights of the defrauded to be recompensed
and of the offender to be penalised. The cynical response
of trade unionists is that, if large numbers break laws, this
confers effective immunity. In the cases of the monopolist
ESB and banks some years ago, Governments of the day
scotched that ploy by making the funds of Unions and their
officers subject to heavy penalties in such cases — but
only on ad hoc bases — instead of keeping these effective
sanctions on ice for later use.
If the present Government is to retain credibility, it
must demonstrate that not only tax defaulters but tax
diverters may equally face imprisonment — Sauce for the
Goo se . . .
Meanwhile, Trade Union Leaders should examine
their Constitutions as well as their consciences for
authority to advocate anarchy among their members — for
that is exactly what they are doing no matter how they
dress it up.
F. X . Burke,
Solicitor,
13 Northbrook Rd.,
Dublin 6.
Law Society, Council Dinner
Guests attending the Council Dinner were Mr. Frank
Barrett (left), President of the Institute of Chartered
Accountants, and Mr. Patrick McMahon, Chairman of
the Revenue Commissioners.
77
TheHon. Mr. T. F. O'Higgins, Chief Justice and Mr.
Michael P. Houlihan, President of the Incorporated
Law Society.