The Gazette 1988

GAZETT INCORPORATE D LAW SOCIETY OF IRELAND

GAZETTE

MARCH 1988

In this Issue ® $ Viewpoint

Vol.82 No.2March 1988

Viewpoint

Tort Reform in the USA and Lessons for Ireland

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Prom the President Law Society Annual Conference

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Co-operative Chaos Now that the shareholders of Bailieboro Co-Op have made their choice and hopefully secured a reasonable future for themselves, it is to be hoped that the lessons from the Bailieboro debacle will not be lost on the appropriate authorities. There have been calls by those involved in the establishment of "Work Co-Operatives" for the updating of the laws governing co- operatives. It is clear that these laws are in need of modernization but perhaps a more radical look at the structure of these organizations is required. It may no longer be sensible to apply the same rules to a modest Workers Co-Operative of a dozen people, and to a giant agricultural co-operative with a turnover of many million pounds. Even if there are strong arguments for not requiring major co-operatives to be converted into limited companies, and the case for such conversion is very strong indeed, there may well be an argument for providing the same bifurcation of institutions on the co-operative side as exists on the company side. The division of companies into private and public limited companies is a sensible one, even if the advantages of private companies are not going to be in. the future what they have been in the past. The concept of a Co-Operative Society operating under the Industrial and Provident Societies legislation is not capable of accommodating the multi-million pound trading entities that many agricultural co-operatives in Ireland have become. A Board of Manage- ment composed, necessarily, of members of the Co-Op may not always provide the appropriate calibre of people to supervise the executive of the Co-Op. Outside

"directors" cannot be introduced to fill this vacuum. Whether the scheme used when Kerry Co-Op transformed itself into a public limited company, while at the same time retaining a co-operative control over much of the share holding, is an appropriate solution, must be doubtful. There must be an argument that the co-operative ethos, however appropriate to small and medium sized co-operatives, is inappropriate, even as a means of maintaining share holder power in local hands, for trading grants. •

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Practice Notes

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Light Work - A dilemma for Employers

47

Nl Slander Settlement

50

Seminars - Challenge of Change

51

Professional Information

53

Correspondence

54

Executive Editor: Mary Gaynor Committee: Geraldine Clarke, Chairman John F. Buckley Gary Byrne Michael Cannigan Jim Hickey

S O L I C I T O R S ' B E N E V O L E NT A S S O C I A T I ON

Nathaniel Lacy Frank Lanigan William Maguire Charles R. M. Meredith Desmond Moran

Daire Murphy John Schutte Maxwell Sweeney

Advertising: Liam 0 hOisin. Telephone: 305236 307860 Printing: Turner's Printing Co. Ltd., Longford. The views expressed in this publication, save where otherwise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. The appearance of an advertisement in this publication does not necessarily indicate approval by the Society for the product or service advertised. Published at Blackhall Place, Dublin 7, •el.: 710711. Telex: 31219. Fax: 710704.

A G M

B l a c k ha ll Pl ace,

Friday, 25 March 1988 at 12.00 noon

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