I move that the Bill be now read a Second Time. The Trade Union Act of 1941 made it unlawful for any body of persons, with certain specified exceptions, to carry on negotiations for the fixing of wages or other conditions of employment without a negotiating licence issued under that Act. As a condition for the grant of a negotiating licence, trade unions were required to make and maintain deposits with the High Court, the amount of the deposit depending on the numerical strength of the trade union concerned. A scale of deposits was laid down in the Schedule to the Act and ran from £1,000 up to a maximum of £10,000 for the largest organisations.
In 1941 it was foreseen that, on account of the prevailing abnormal conditions, some of the Irish trade unions would have a temporary difficulty in making the full deposit specified in the Schedule to the Act. It was, therefore, deemed necessary to make provision for a variation of the requirements in such cases. Accordingly, Section 8 of the Act conferred power to grant temporary relief to a trade union registered in this State, where it was established in any particular case that, on account of abnormal conditions referable to the war, undue hardship would ensue if the trade union was compelled to make and to keep with the High Court a full deposit. The relief extended to a maximum of 75 per cent. of the sum mentioned in the Schedule, but the power to grant that relief was exerciseable only while the Emergency Powers Act was in force.
A number of trade unions required relief and applied for it, and reduction Orders were made under the section in a substantial number of cases. These Orders will, however, expire on 2nd September next and the trade unions concerned will then be required by the Act to raise their deposits to the appropriate sum mentioned in the Schedule. Moreover, since the repeal of the Emergency Powers Act, a trade union applying for a negotiating licence would be required to make and maintain the full deposit, whatever its circumstances might be. That position has been under review and has recently been the subject of discussions with representatives of trade union organisations. It has been represented to me that the circumstances which necessitated the relevant provisions of the Act of 1941 have not yet materially changed and that the withdrawal of the Orders in the near future would cause difficulty and, in some cases, might have the effect of disqualifying trade unions from holding the negotiating licences already granted to them. The purpose of this Bill, therefore, is to continue, for a further period of one year after 2nd September next, the existing reduction Orders made under Section 8 of the Act and also to provide power to make new Orders for a limited period.
It is recognised that the present position of trade union legislation is not very satisfactory and I have had discussions with the trade union congresses on the matter of new and comprehensive legislation to protect the status and rights of trade unions and define their obligations to their members. I have expressed the view that, generally speaking, there is no necessary conflict between the principles which the Government would wish to have enshrined in such legislation and those which trade unionists would themselves consider desirable. On that basis, I have, in effect, invited them to frame the heads of new legislative proposals themselves. The matter is being considered by those bodies and later on there will be further consultations and discussions. I hope that as a result there will be a Bill for the consideration of the Dáil before the expiration of the period of 12 months contemplated by this Bill.
This Bill, therefore, is a temporary measure. Circumstances might have made it possible to have had the discussions leading to the framing of new legislation earlier, and the introduction of a Bill in this session. Various causes of delay arose, mainly on my part, and, consequently, the discussions could not be completed. In these circumstances, I agreed to ask the Dáil to pass this Bill. It is a minor Bill, but it does prevent, for the period when discussions are proceeding and while new legislation is being prepared, the possibility of difficulty arising for some trade unions which have benefited by the power to grant a reduction of the deposits required from them when they obtained their negotiating licence. I recommend the Bill to the House.
