Dáil Éireann Debate, Thursday - 2 February 2012
120 Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation if he intends to update or consolidate the legislation governing regulation of industrial and provident societies, friendly societies and trade unions; when he expects legislation to be published; and if he will make a statement on the matter. [6123/12]
Amharc ar fhreagra122 Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation if he has consulted with the Department of Public Expenditure and Reform regarding the updating and consolidation of legislation governing the regulation of industrial and provident societies, friendly societies and trade unions; and if he will make a statement on the matter. [6125/12]
Amharc ar fhreagraI propose to take Questions Nos. 120 and 122 together.
Existing legislation relating to industrial and provident societies (co-operative societies), friendly societies and Registry-related aspects of trade unions is currently under review. Last year, I secured the agreement of Government to draft legislation to make a number of amendments to existing legislation in the areas of Industrial and Provident Societies and Friendly Societies. I hope to publish a Draft Bill during 2012.
While I appreciate that legislation in these areas has become outdated, advancement of a broader review for all three areas is unlikely pending progress being made on the finalisation and enactment of the Companies Bill, which is my priority in this area at present.
In accordance with standard procedures, the views of the Department of Public Expenditure and Reform, and other relevant Departments, will be sought in relation to this issue in due course.
121 Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation the names and number of trade unions which submitted an annual return to the register of friendly societies by 1 June 2011; and if he will make a statement on the matter. [6124/12]
Amharc ar fhreagra123 Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation his role, exercised through the friendly societies register, in trade union regulation and governance; and if he will make a statement on the matter. [6126/12]
Amharc ar fhreagraI propose to take Questions Nos. 121 and 123 together.
Under the powers conferred on me by the Friendly Societies Acts 1986 to 1977, I appoint an officer to the position of Registrar of Friendly Societies, who is charged with regulation of trade unions on my behalf. The Registrar of Friendly Societies has a range of functions relating to friendly societies, industrial and provident societies and trade unions, dating back to the late nineteenth century. The relevant legislation concerning trade unions is set down in the Trade Union Acts, 1871 to 1990. Under that legislation trade unions may register with the Registrar of Friendly Societies, subject to a range of obligations in relation to such registration.
Principally, these include the following obligations:
to register their rules and the titles and names of officers,
to submit an annual return to the Registrar before the first day of June each year, specifying the receipts, funds, effects and expenditure of the trade union (which return to be accompanied by a copy of the audited accounts and a copy of the current rules),
to submit annually a copy of all alterations of rules, new rules, and change of officers made during the previous year, and
to maintain a registered office and to notify the Registrar of any change in the registered office.
In addition to maintaining a file on each registered trade union and making it available for inspection, for her part the Registrar must:
issue a certificate of registration to trade unions,
register the returns mentioned above,
cancel/restore registered trade unions as appropriate, and
approve and register amalgamations and transfer of engagements.
The Registrar also has a number of specific powers in the area of investigation/dispute resolution:
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 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.
The Registrar reports annually to the Minister in respect of the principal matters transacted in the Registry in respect of registered trade unions. This report is laid before the Houses of the Oireachtas.
Seventeen trade unions filed an annual return in respect of 2010 with the Registrar of Friendly Societies by 1 June 2011. This information is available on the public file of each trade union, which includes details of registration, the rules of the trade union and its annual returns. It is open to the Deputy to make enquiries to the Registry of Friendly Societies regarding any individual trade union.
