The Gazette 1967/71

LEGAL NEWS OF THE MONTH SECRECY TO END IN RELATIONS BETWEEN CIVIL SERVICE AND COMMUNITY The Minister for Finance, Mr. Colley said that in a situation where State activity has such far- reaching effects on the lives of citizens, it is essential that its "whys" and "wherefores" should be more widely understood. "There is a growing consciousness within public administration of the nefed for more effective communications with the whole com munity. At all levels in the Civil Service there is a new realisation that public servants cannot opt out of communication," said the Minister. Mr. Colley was speaking at the opening of a seminar on Communications for Deputy and Assistant Departmental Secretaries. The seminar was held at the Institute of Public Administration. According to a supplied script, Mr. Colley went on: "The widespread involvement of the Govern ment, either directly or through its agencies, in the economy of modern Ireland gives added emphasis to the question of communications. There is hardly any area of economic effort in this community in which the Government is not involved. Whether we are talking about agri cultural subsidies, industrial development or adaptation, the Government has a major role. "The old idea of the Civil Service as a cautious and taciturn institution, guarding its secrets against all comers, no longer holds good. In practice nowadays most people working in the communications media will have experienced a considerable improvement in the facilities for saining access to information. "It is natural that ministerial pronouncements outlining particular Government policies will make the main headlines, but the public servant whose job it is to administer that policy will in the future play a .greater role in providing the kind of detailed information required by an in creasingly sophisticated public. "It is a fact that in the various Government Departments and in local government there are men of outstanding ability, imagination and drive. 200

that the judgment must be for a sum against the liability for which the driver or owner is insured—Burden of proof to establish this on plaintiff—Appeal dismissed. [Whelan v Dixon—Supreme Court (Maguire C. J., Lavery, Kingsmill-Moore, O'Daly and Martin Maguire J.J.)—unreported—7 March 1957.]

Trade Dispute Interlocutory Injunction to restrain pickets granted Plaintiffs seek interlocutory injunction to restrain defendants, members of the Irish Transport and General Workers Union, from besetting and picketing their premises at Kill-of-the-Grange. There was an agreement for the last seven years between the plaintiffs and the union under which all non-skilled labour employed by the plaintiffs in their Drogheda factory would be mem bers of the union; the same arrangement was made for the last two years with the National Engineering and Electrical Trades Unoin (N.E.E.T.U.). The first defendant, on taking up employment at Kill-of-the- Grange, agreed to join the I.T.G.W.U., while the second third and fourth defendants signed similar agree ments in regard to N.E.E.T.U. In fact the five defend ants were, and remained members of the Amalgamated Union of Engineering and Foundry Workers (A.E.F.), and each of them refused to ioin the other unions. The plaintiffs refused to recognise A.E.F. as an official union who could serve strike notice. From 13 to 27 Tulv. when an interim injunction was granted, the defendants picketed the premises. Plaintiffs contention that no trade dispute exists doubted. There are not substantial grounds for doubting the right of peaceful picketing there, as it is doubtful whether the plaintiffs can insist on employees joining unions against their will, even though this was a term of their contract of employment. The aDDlication for an interlocutory injunction was accordingly dismissed. [Becton Dickinson v Lee— Pringle J.—unreported— 19 August 1970.] Trade Union The Vice-Chancellor ruled that a contract for services was not a contract of employment for the purposes of the Trade Disputes Act, 1906 and that the executive council of the Transport and General Workers Union was therefore not protected by section 3 of the Act. [Ready Mixed Concrete (London) Ltd. and another v Cox—Chancery Division— The Times— 4 February 1971.]

Trust See Grzeczkowski v Jedynska and another; Court of Appeal; The Times; 19 January 1971.