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Select Committee on Enterprise and Economic Strategy debate -
Wednesday, 9 Apr 1997

SECTION 61.

I move amendment No. 91:

In page 49, lines 5 and 7, to delete subsection (3) and substitute the following:

"(3) Where notice is given of such a resolution as is mentioned in subsection (1) and the member of the Supervisory Committee concerned makes in relation to it representations in writing to the credit union ( not exceeding a reasonable length) and requests their notification to members of the credit union, the credit union shall, subject to subsection (5), (unless the representations are received by it too late to do so)—

(a) in any notice of the proposed resolution given to members of the credit union, state the fact of the representations having been made; and

(b) send a copy of the representations to every member of the credit union to whom notice of the meeting is sent (whether before or after the credit union receives the representations).

(4) Subject to subsection (5), and whether or not copies of any representations made by him have been sent as mentioned in subsection (3), the member of the Supervisory Committee concerned may require that, without prejudice to his right to be heard orally, the representations made by him shall be read out at the special general meeting.

(5) Subsections (3) and (4) shall not apply if, on the application either of the credit unions or of any person who claims to be aggrieved, the Registrar is satisfied that compliance with the subsections would diminish substantially public confidence in the credit union or that the rights conferred by them are being, or are likely to be, abused in order to secure needless publicity for defamatory matter.

(6) A vacancy arising from the removal of a member of a Supervisory Committee under this section shall be filled in accordance with the provisions of section 59(4).".

This amendment proposes to give the Supervisory Committee members the same rights as given to a board member who is proposed to be removed under section 56. Section 61 enables a credit union to remove one of the members of the Supervisory Committee from office with the agreement of a special general meeting. The Irish League of Credit Unions have suggested that the existing provision needs to be expanded to give the Supervisory Committee member a right to be heard.

The new subsection (3) provides that any written representation which a member of the Supervisory Committee might make to the credit union in advance of the general meeting which would consider his removal should be made known to the members in conjunction with the notice of the meeting. The new subsection (4) stipulates that the Supervisory Committee member concerned may require that his representations may be read aloud at the meeting without prejudicing his right to be heard orally.

Amendment agreed to.
Section 61, as amended, agreed to.
Sections 62 and 63 agreed to.
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