The Gazette 1991

JULY/AUGUST 1991

GAZETTE

initiated by the Registrar, may be constitutionally suspect. 3 Trade Union Amalgamations Regulations, 1976 - (S.1. No. 53 of 1976), made by the Minister for Industry and Commerce, with the consent of the Minsiter for Labour, under Sect. 13 of 1975 Act contain detailed procedures on: The man– ner for obtaining the Registrar's approval to proposed instruments of amalgamation or transfer, con– tent and registration of such instru– ments, changes of name, and also notices for members' information. Mr. Justice Keane in his judg– ment stated that while some of the pre-1921 legislation has been amended or repealed, the bulk of it remains on the statute book. For reasons stated later in this article, it is my view that this corpus of basic legislation on trade unions, inherited from a United Kingdom based on Ireland, England/Wales and Scotland, served its purposes but is now outdated and should be replaced. Further Points from IPU/NUJ case and Decision of Keane J. Constitutional and Territorial Aspects Mrs. Mary Robinson, SC, for the Applicants, submitted that the relevant legislation should be construed in the light of the guarantees of freedom of associa– tion contained in Article 40.6.1. (iii), and that accordingly, "the Court should lean in favour of an interpretation (of the Trade Union legislation) which facilitated the merger (if that is how it can be best described) desired by both bodies". Mr. Ercus Stewart, SC, for the Registrar, contended that the legislation should be construed as being confined to trade unions registered in this jurisdiction under relevant legislation. Otherwise, it would mean imputing to the legis– lature an intention that trade unions in foreign jurisdictions, having no connection with this State, could req'uire the Irish Registrar to process applications for their amalgamation or transfer of engagements to each other. Mr. Justice Keane, in his judg– ment, stated that the constitutional guarantee of the right to form associations and unions did not require him to read the legislation so as to extend the benefits of the 240

meal legislative approach.

Act (of 1975) to unions in other countries, except so far as the legislation itself actually provided. The learned Judge declined to confer an extra-territorial con– struction on the legislation. Therefore, a body which is a trade union under the law of a foreign cO'Untry and is not registered in this State as a trade union cannot be regarded as a trade union within the meaning of the Trade Union Acts 1871-1982, and specifically within the meaning of s 2 (3) of the Act of 1975 although s. 2, 1913 Act was less restrictive. Wider Issues The Registrar of Friendly Societies and the High Court interpreted the existing law conscientiously in the NUJ/IPUand Registrar case. The effect of the decision, however, raises interesting wider issues. These require clarification and possibly legislative amendments, preferably in a consolidated Trade Union Act rather than in a piece-

Vital wider issues relate to: (1) Rationalisation of trade unions, through mergers, and (2) The legal position of unions with headquarters in another country, i.e. in practical terms up to now that meant British-based unions, operating in the Irish jurisdiction through branches. In the Single Market, '92, there may be a wider European dimension of mega-unions across frontiers. Rationalisation of Trade Unions Successive Irish Governments, political parties and the trade union movement itself agree that the proliferation of trade unions is inefficient and that rationalisation through mergers is necessary. The Department of Labour provides grants towards expenses to encourage the merger of unions, under Sect. 15, 1975 Act as amended by Sect. 22, Industrial Relations Act, 1990.

TECHNOLOGY ADVISORY GROUP This informal group has been established by members of the profession and with the encouragement of the Technology Committee with a view to encouraging the use of technology and computers in practitioners offices. The group also hopes to provide a forum for education and support of users and potential users of new technology. Membership of the group is open to all members of the profession and to those associated with it or who are working in solicitors offices. It is intended to provide encouragement in a practical way for practitioners and to publicise new developments by publication in the Gazette or through local workshops and seminars organised in conjunction with local Bar Associations. Initially, the group will contribute a monthly column to the Gazette on aspects of computers and the legal profession. It is also intended to hold a series of seminars throughout the country beginning with one before Christmas at a venue yet to be chosen. These seminars will address the basics of word processing and automated accounting together with an overview of what technology can do on a practical level for a legal office. The group is' committed to providing a jargon-free and a practice oriented source of advice. If you require any further information please contact the Honorary Secretary:

John Furlong, c/o WILLIAM FRY, Fitzwilton House, Fitzwilton Place, Dublin 2. Telephone: 01-681711.