Dáil Éireann díospóireacht -
Wednesday, 27 Nov 1974

Vol. 276 No. 3

Trade Union (Amalgamations) Bill, 1974: Instruction to Committee.

Minister for Labour (Mr. M. O'Leary)

I move:

That it be an instruction to the Committee on the Trade Union (Amalgamations) Bill, 1974, that it has power to make provision in the Bill in relation to the granting and holding of negotiation licences in the case of trade unions under the law of another country and which have their headquarters control situated in that country.

It is necessary, I should explain, to move this motion, because the amendments I am putting forward on Committee Stage depart somewhat from the original legislation put before the House in that they specifically deal with the problems of a transfer of engagements and amalgamations relating to the unions which are controlled or have executives outside the country. That is why the motion is necessary. It is to ensure that the 18 foreign-based unions with executive control outside the country, fulfil the requirement of having a controlling executive situated within any of the 32 counties. Our legislation is now directed to ensure that this, in fact, comes about. We must pass legislation to deal with this new dimension. That is why this directive is needed and why I formally propose the motion.

Mr. Dowling

I welcome this motion. Will there be strict supervision of the situation which has been outlined when it is passed?

Mr. M. O'Leary

Yes. As we go through the provisions in the legislation the Deputy will see that there are 18 foreign-based unions with a combined 32-county membership of 172,000 workers. The function of this legislation is to ensure that there will be an executive within the 32 counties and that negotiating licences will only be held where this requirement is carried through. This legislation provides that these overseeing functions will be carried out.

Mr. Wyse

Is it possible that a union based outside this country could give executive powers to a trade union here and at the same time be the parent body?

Mr. M. O'Leary

We require that there be people in Ireland deciding for its members here on matters of interest to those members. Naturally, we cannot by legislation terminate the relationship between any group here and the body of which they are a component part. We are ensuring that the Irish people in the trade union movement should have a say in the management of their affairs. The provisions on how this will be carried out are spelled out more fully in amendment No. 13.

Mr. Moore

Is it possible under an EEC regulation or the Treaty of Rome that this might not be in keeping with the spirit of their doctrines?

Mr. M. O'Leary

No information has come to us suggesting that that could be the case. In the actual constitution of the trade union movement article 2 (b) (ii) states:

The Trade Union shall provide that decisions on matters of an industrial or political nature which arise out of and are in connection with the internal economic and political conditions of Ireland and are of direct concern to Irish members only shall be considered and decided upon by Irish members provided that the decisions shall have due regard to and shall not prejudice the position of members outside Ireland. A delegate Conference of Irish members or an Irish Committee elected by the Irish membership shall make such decisions.

In brief, this legislation carries that general provision into legislative form. As I have already said, how it is to be implemented is spelled out more fully in amendment No. 13. In an effort to bring about greater rationalisation and a greater unity among the excessive number of trade unions here, this provision should help. These provisions carry into law a provision which already exists by agreement among trade unions under their own constitution.

Mr. Dowling

A Leas-Cheann Comhairle——

An Leas-Cheann Comhairle

The Deputy will appreciate that the Chair has allowed questions on the motion. It would be preferable to wait for Committee Stage to raise further points. The amendment will then be before the House.

Mr. Dowling

May I ask one final question?

An Leas-Cheann Comhairle

Yes, one final question.

Mr. Dowling

Is the Minister satisfied that where mergers with unions which have decision-making executives outside Ireland take place the trade union officials will be fully protected, in other words, the Irish trade union officials will not become redundant at the expense of someone in London, Paris, Rome or elsewhere?

Mr. M. O'Leary

This legislation is in the interests of the rationalisation of the trade union structure here rather than the other way around. This point has been a matter of concern to us.

Question put and agreed to.