The Gazette 1972

to the proceedings, the N.U.V.B. could by withholding consent deprive him of the right of joining another union of his choice. Accordingly the plaintiff is entitled to a declaration that the defendants are infringing the plaintiff's constitutional right of joining the union of his choice. [Murphy v National Union of Vehicle Builders; unreported; Murnaghan J.; 11th January 1972.] Note —This decision has been much criticised by the Irish Congress of Trade Unions. Petition of P.M.P.A. that they were entitled to Green Cards as they had performed their part of the contract granted. The Governments of some States in Western Europe have encouraged the notion that third party motor insurance taken out in one country should be valid in all others and that it should comply with the compul- sory in?urance requirements in each State. The scheme adopted in the United Kingdom and in Ireland was that the Insurance Companies of each country were to establish a Bureau which would issue an international motor insurance card to the companies who were mem- bers of it. This card was called a "Green Card" and would show the countries to which the cover had been extended; in the event of an accident in another coun- try, the holder of the Green Card could apply to the Bureau of that country for compensation. In 1952, the Minister for Local Government (hereafter called the Minister) began negotiations with the then Irish existing motor insurance companies—and the British companies operating in Ireland were not consulted. A draft agree- ment was prepared establishing the Irish Visiting Motorists Bureau Ltd. (hereafter called the Irish Bur- eau). This company was duly incorporated in December 1957. The draft was similar in terms to an agreement °f January 1953 made between the Minister and the Irish Bureau. This agreement was stated to be supple- mental to an agreement of 2nd January 1952 between the Irish Bureau and the five motor insurance com- panies incorporated in Ireland (The Hibernian, The Irish National, The Insurance Corporation of Ireland, The Equitable and the Shield). In this it was stated toat the Irish Bureau was making the agreement as the duly authorised agent of the five insurance companies. In the agreement of 29th January 1953 it was agreed toat the Irish Bureau should supply to each of the Irish companies such Green Cards as they might require. Meanwhile the British Motor Insurance Companies could obtain any Green Cards they required from the Motor Insurance Bureau in London. As the Shield Insurance Company were not authorised, like other Irish companies, to carry on motor insurance business in Britain and Northern Ireland, they took the biggest Proportion of Green Cards issued by the Irish Bureau a t this time. In 1963 the Equitable Insurance Company was °rdered to be wound up because it was insolvent; the a mount of the claims paid on foot of this winding up n ow exceeds £100,000. The introduction of car ferries Between Ireland and Britain, and Ireland and the Con- tinent as well as the growing popularity of the caravan holiday led to a big increase in Ireland against motorists holding Gréen Cards issued by Bureaux in other States, ^hich gave much extra work to the four Irish insurance companies involved. These companies finally gave notice the termination of the agreement to the Minister.

Negotations then took place between the Minister and the British companies with a view to their sharing the responsibility of issuing Green Cards with the Irish companies, and this they agreed to do in 1967. Mean- while the Irish insurance companies were considering the question whether the old Irish Bureau should be wound up, and a new one set up in its place, and asked the representative of one of the Irish companies, Mr. X, to look into this. The Private Motorists Protection Association (P.M.P.A.) were incorporated in April 1964 and claimed that lower premiums for safe drivers could be charged. This did not endear them to tarriff companies, and when the P.M.P.A. representatives approached Mr. X in July 1967 he told these representatives that the Irish Bureau would be prepared to issue Green Cards to their Asso- ciation provided they complied with the conditions imposed by the British Motor Insurance Bureau in respect of new members by procuring a Banker's guar- antee for £10,000 in respect of each thousand Green Cards issued by the Bureau, supplemented by the deposit of suitable securities. The Bank of the P.M.P.A. stated that they were precluded by the terms of the Insurance Act 1936 from giving such a guarantee. The P.M.P.A. then informed Mr. X in October 1967 that, as a new Irish Bureau was being formed, there was no point in joining the old one. As P.M.P.A. needed Green Cards for their policy holders, they first pur- chased some from brokers associated with a Belgian insurance company. In 1969 the Insurance Corporation of Ireland sup- plied Green Cards to them, and tried to transfer some of the shares held by them in the Irish Bureau, and made an application to this effect to the Board, which was duly refused on June 25th. Under the new arrangement finally agreed upon, all the motor insurance companies incorporated in Ireland and all the British companies and syndicates trans- acting motor insurance business in Ireland were to become members of the Irish Bureau and the articles of association of the original Bureau were to be amended to provide for this. The draft was agreed and incor- porated in an agreement signed on 10th July 1970. The Irish Bureau then sent a circular letter to all motor insurers to inform them that the necessary resolu- tions to alter the articles had been passed, and that the wording of the agreement had been agreed. New mem- bers could apply for two shares each which could be made available by existing shareholders, and requested each company to send Mr. X a formal application for two shares. On 11th October 1969 P.M.P.A. applied for two shares in the Irish Bureau, and sent a cheque for £2. In reply, it was stated that it would be some time before the reconstituted Bureau came into exis- tence. On 30th January 1970 P.M.P.A. received their share certificate for the two shares, and duly asked for 20 cards. At a meeting of the Board on 9th March 1970 the nine directors realised, that, in view of the liqui- dation of several British Motor Insurance Companies, the issue of Green Cards could involve the Irish Bureau in heavy liabilities, and regarded P.M.P.A. with suspi- cion. A resolution was accordingly drafted that hence- forth Green Cards would be issued to all members other than founder members on the basis of a cash deposit of £10,000, or a deposit of securities of £10,000 lodged in a Bank in respect of each one thousand cards. The conditions of the British Bureau that the cash deposit or the lodgment of securities was to be made for five years only from date of issue was overlooked. 145