Amendments Nos. 1, 12, 13, 14, 14, 116, 145 and 147 are related and may be discussed together.
SECTION 3.
I move amendment No. 1:
In page 14, between lines 34 and 35, to insert the following subsection:
"(5) No order, regulation, direction or rules shall be made under this Act without prior consultation with the Irish League of Credit Unions.
On Second Stage, it became obvious there was no reference in the Bill to the Irish League of Credit Unions, a serious omission which we sought to rectify. This amendment proposes to give the league a consultative role in making regulations and will provide a statutory acknowledgement of the league's important role.
The implementation of the amendment is imperative as an acknowledgement of the sterling contribution of the Irish League of Credit Unions since the inception of the credit union movement and its excellent track record of responsibility in dealing with financial affairs. It would be a vote of confidence in the league to carry their work on into the future in terms of making credit available in the years ahead in the manner in which they have done in the past.
It would be remiss of us as legislators to embark on major legislation of this kind without giving formal recognition to the major contribution of the Irish League of Credit Unions in the manner set out in this amendment. I ask the Minister to take my amendment on board.
I support this progressive amendment. It gives the Irish League of Credit Unions the credit they deserve. They have been to the forefront of the development of credit unions throughout the country. If we do not give them recognition we are doing them a disservice.
Deputy O'Keeffe has put down a number of amendments which are related to this one. If he wants to discuss them he will have to do it now.
On amendment No. 13, there are many offices throughout the country where trade unions do not have the right to put up indications or markings. They are usually invited into these areas by communities. I ask the Minister to allow the sub-branch system to continue where a union could exist within the grouping in a workplace without having to put up any emblem or marking.
I do not disagree with the thrust of what Deputy Ned O'Keeffe and Deputy Quill said concerning the role of the league. I cannot accept Deputy Harney's amendment in the fashion expressed.
First, it must be borne in mind that not all credit unions registered with the Registrar are members of the Irish League of Credit Unions. Consequently — and this arises in respect to the directions issued by the Registrar to individual credit unions — it will not always be the case that the credit union involved will be a member of the league. It would be entirely inappropriate that the league should be consulted about a credit union which is not one of its members.
Second, an urgent issue could arise which would call for immediate action by the Registrar and time might not allow prior consultation with the league. Having said that, I have no problem in principle in consulting the league on general issues of concern relating to the implementation of this Bill. In the Bill as published, and in particular, my new section 181, under amendment No. 145, specific provision is made for consultation with the league in various areas. It is specifically the case that the league will be consulted about all ministerial regulations under the Bill.
Section 84(2) makes general provision for consultation by the Registrar with expert or knowledgeable bodies which now expressly include the league. It seems this is sufficient to cover the vast majority of circumstances in which the Registrar will exercise his general powers in relation to credit unions.
The process of consultation which has been undertaken with the Irish League of Credit Unions and the credit union movement generally in the production of this Bill has been unprecedented. The registrar was a primary participant in those discussions and he will wish to continue to consult the league on a regular basis regarding the implementation of the Bill. In addition, my Department will consult the league before any action is taken with regard to orders or regulations. I hope the Deputy will accept these assurances and will not pursue her amendment.
For the reasons I advanced at the outset I cannot accept the amendment. On Second Stage I made it clear the omission of any reference to the Irish League of Credit Unions was a legal rather than political decision. As an unincorporated association the league has no formal legal status and as such it cannot sue or be sued if a problem arises. In preparing the Bill the parliamentary draftsman, supported by the office of the Attorney General, considered that its status ruled out any form of recognition in the Bill. However, following my strong representations to the Office of the Attorney General, the parliamentary draftsman has prepared two specific amendments to accord formal statutory recognition to the Irish League of Credit Unions.
The first amendment arises in section 12 where it is made clear that upon the commencement of the Credit Union Act, the use by the Irish League of Credit Unions of its name will be formally recognised. The second and more significant amendment, No. 145, is the inclusion of a new section 181. This provision requires the Minister and the registrar to consult the Irish League of Credit Unions on the implementation of the Bill, where specific reference is included to their consulting expert and knowledgeable bodies in matters relating to credit unions. Such references occur at various stages in the Bill. Examples include section 13, which deals with the rules of credit unions, section 50, dealing with additional credit union services, section 84, in relation to the arrangements for control and supervision of credit unions by the registrar of friendly societies, and section 181, dealing with the preparation of ministerial regulations in relation to various matters under the Bill.
In light of the legal reservations which have emanated from the office of the Attorney General, this gives the league the type of status which it requires as the pre-eminent association representing the credit union movement. Accordingly, I commend the amendments to the Committee. They meet the concerns expressed by Deputies Quill and O'Keeffe.
I welcome the Minister of State's clarification of the role of the registrar of friendly societies. I have experience in the co-operative movement of making returns, which are highly important, to a governing body such as the registrar of friendly societies, and the body was always co-operative and helpful. It is important the registrar will consult the league. However, the Minister of State said not all credit unions are affiliated to the league. Is he referring to groups within large businesses or to voluntary groups that are providing a service to communities?
I listened intently to the Minister of State's comments on his amendments. The Bill has been significantly amended since Second Stage and when I drafted my amendments the Minister of State's amendments were not available. If I can be assured the league is given proper statutory acknowledgement and the consultative role of the league is upheld in every circumstance, I will be happy to withdraw my amendment, on condition that I can re-enter it on Report Stage if I am not thus satisfied. The Minister of State appears to have moved to meet the concern that prompted me to put down this amendment.
Acceptance of amendments for discussion on Report Stage is a matter for the Ceann Comhairle.
I understand. However, I reserve the right to re-enter the amendment.
I can meet Deputy Quill's concerns. There is provision for the statutory acknowledgement sought by the Deputy. As I said on Second Stage, it was my wish to include such acknowledgement but there were legal impediments to acknowledging the role of an unincorporated body. I am happy the impediments were overcome by the parliamentary draftsman.
In reply to Deputy Boylan, there are approximately six unions outside the league. The largest is probably the prison officers' credit union. It is not for me to comment on why that is the position and if that is desirable. However, technically one must ensure the right of the registrar vis-�-vis those unions is protected.
I welcome the Minister of State's comments. However, we cannot compare the co-operative movement with the credit union movement, even though they are almost identical. It is possible that if Mr. Sisk were in charge of the friendly societies he could be over-restrictive and retard the operation of the unions. I put down amendments to section 12 in support of the league and the Minister of State has moved to meet their objective. I was concerned about the status of the league and, on Second Stage, I asked the Minister of State to examine the role of the ICOS and its involvement with co-operatives. There are many unincorporated organisations which have a supervisory role in situations such as this.
I did that. The difficulty that confronted us was giving statutory expression to an unincorporated body. The point Deputy O'Keeffe addressed on Second Stage, which was to give formal acknowledgement and recognition to the Irish League of Credit Unions, is now enshrined in the Bill. A great deal of time was devoted to achieving this result. It is dealt with in amendments Nos. 145 and 12. Amendment No. 145, which is generic in character and proposes the inclusion of a new section 181, is the amendment that matters. I had a further meeting with the president and some board members of the Irish League of Credit Unions yesterday. While it would be unfair to ask them to respond quickly to a complex set of amendments, they acknowledged that this amendment gives expression in the Bill to their existence and track record.
I welcome that. There was a great deal of argument about this before it was conceded. That is a tragedy, because the league has done great work. I am glad the Minister of State took our Second Stage suggestions on board. He has researched this matter thoroughly.
Is the Attorney General happy with it?
We are here to argue; that is part of our job. The Deputy should note I am always willing to take on board good ideas, and should keep that in mind for the next number of months.
Most Members of this Committee have received overtures from local credit unions. Local credit unions share a concern that the status of the Irish League of Credit Unions should be acknowledged. I compliment the Minister of State on introducing the legislation. Many amendments have been introduced since we started work on this Bill. It proves the Minister of State listens to good ideas and uses them in legislation. The other aspect, in fairness to the Minister of State, is that he sat through the speeches on Second Stage. It was suggested in the newspapers that people were prevented from speaking on this Bill. If we reflect on the legislation passed over the last four years, more people spoke on Second Stage of this Bill than probably any other Bill previously.
Amendment, by leave, withdrawn.
Sections 3 and 4 agreed to.