I move amendment No. 1:
In subsection (1), page 3, between lines 21 and 22, to insert the following paragraph:
"(b) every member of the union shall be entitled to vote by post where his circumstances so warrant."
This is an amendment that was discussed in the Dáil. It is one which I believe has a lot of merit having regard to the dispersed nature of employment and employees in trade unions. Trade union branches have members in every part of the country ranging from Cork to Donegal and Galway to Dublin.
It would appear reasonable in a voting situation such as is envisaged in section 3, which lays down the conditions for amalgamation or transfers— the principle of which we are in total agreement with — and the various safeguards which the Minister envisages in regard to ensuring that such amalgamations or transfers should take place in the proper manner, by way of secret ballot and without any interference or constraint in regard to the marking of the voting paper, in regard to the union taking the proper steps to ensure that the voting takes place not less than seven days before the resolution begins, that every member of the union has received a notice in writing complying with subsection (3) (e):
not less than seven days before voting on the resolution begins, the union shall cause to be published in at least one daily newspaper published in the State notice (in such form as may be prescribed by regulations made by the Minister for Industry and Commerce under section 12) of the holding of the vote.
Paragraph (a), (b), (c), (d) and (e) ensure that democratic procedures are observed in the voting procedures adopted where amalgamation or transfer is envisaged in regard to trade unions. Further safeguards in regard to trade unions satisfying the registrar in subsection (2) meets with our approval.
What we are seeking to do in amendment No. 1 and amendment No. 2 when we come to discuss it, is to strengthen the hand of the Minister through this legislation in the obvious direction for which it is designed. Obviously, the whole tenor of the section is designed to ensure that there is a full, fair and democratic vote.
I am suggesting that the realities of the situation as far as trade union members are concerned is that they are dispersed in many employments throughout many areas of the country. As the Minister said in the Dáil, there is nothing in the legislation to preclude a trade union adopting the postal system of voting. In regard to a vote under this section for an amalgamation or a transfer a union can decide to do that if it so wishes.
It is a vital protection to ensure a real majority vote of the trade unions concerned should there be postal voting. What I would like to avoid in any situation of this kind is any minority pushing through a decision that may not be truly representative of the majority of the amalgamating unions. If there is to be an amalgamation or a transfer, that should be seen to be fully democratic in every sense of the word. It is a different matter in an ordinary election. For instance, there are polling stations in every area. People know where their polling stations are. They go to the polling stations and they vote. That is the democratic procedure of voting. Here you are going to ask members of a trade union dispersed over the whole country in various employments to make a very important decision in regard to their future, in regard to amalgamation or transfer which, in most cases, would be a desirable matter. But, from the democratic aspect, I feel it should be written in here, as we suggest, in subsection (1), between lines 21 and 22, paragraph (b) that every member of the union shall be entitled to vote by post where his circumstances so warrant. In other words, if he is in a situation where it is difficult for him to vote, where the union may not be able to make the facility available to him by reason of where he works, he should have the entitlement to vote by post. The union then, in devising its election procedures, will have this as an alternative method whereby members can vote either by way of direct ballot or postal vote as they wish. It is a reasonable precaution in the interest of ensuring firstly that as large a number of people as possible vote and, secondly, that, by having such a strong majority behind whatever decision is made, there would be a real moral authority, apart from a legal authority, behind any amalgamation that takes place. In any such situation the largest number of people voting in a positive way is obviously the most desirable way to start a new amalgamated trade union. It is in that manner that such a trade union will get its full moral as well as legitimate authority. I think you are going to get the widest spread of the people voting by giving the entitlement to vote by post which may not be just practicable from the point of view of the trade union or the trade unionists, in many cases, unless this right is allowed.