Clare Daly
Question:116. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation if he will consider introducing a Trade Union Ombudsman, which could be funded through union contributions. [53614/12]
View answerThursday, 29 November 2012
Questions (116)
Written answers
Trade unions are by their nature essentially self- governing bodies and it is a matter for the membership to determine whether, and in what manner, the rules and policies of a trade union should provide for how it deals with complaints about the service provided by the Union to its members.
The Registrar of Friendly Societies has a number of specific powers in the area of investigation/dispute resolution regarding the internal governance of trade unions:
- to investigate complaints of discriminatory treatment against a non-contributor to a political fund. The Registrar may make an order to remedy the breach, which is binding and conclusive, and not subject to appeal (section 3(2) of the Trade Union Act 1913).
- to investigate complaints under section 16(5) of the Industrial Relations Act 1990 concerning the operation of secret ballots, following which the Registrar may instruct a trade union to comply with the secret ballot provisions of the Act (section 14(2)). Where such instruction is disregarded the Registrar must inform the Minister, who may revoke the union’s negotiating licence.
- to hear disputes referred to the Registrar under section 10 of the Trade Union Act, 1975 concerning the passing of resolutions approving amalgamations of trade unions. Under this section, the Registrar may, at the request of the complainant or of the trade union, state a case for the opinion of the High Court on a question of law arising in the proceedings.
The powers of the Registrar in relation to such matters have rarely been exercised. The Registrar has no independent powers of investigation, and can only act where requested to do so on the specific areas mentioned above, or to refer a matter to the court in relation to wilful or fraudulent withholding of money. This latter option is also available to “any person” acting on behalf of a trade union.
I have no plans to provide for the introduction of a Trade Union Ombudsman as suggested by the Deputy.