The Gazette 1991

GAZETTE

JULY/AUGUST 1991

no longer applicable. Therefore, the ATGWU and other British-based unions could not register with the Irish Regisrar. 9 The 1941 Act, however, t ook the Me r ed i th decision into account by allowing British-based unions to be granted negotiation licences without being registered in the State. "Authorised trade un i on" was a concept introduced by the 1941 Act. Public Information on British- based Unions Although not formally registered in the State, these unions must meet certain requirements. Sect. 13 of the 1941 Act provides, inter alia, for union rules on entry and cessor of membership of persons resident in the State; notice to the Minister for Labour of registered Office. Names of persons to receive service of documents and also of changes in committees and rules must also be notified. Sect. 17 of the 1975 Ac t, operative by Ministerial Order, SI 177 of 1983, provides for a commi t t ee of management of members resident in the State or Northern Ireland. The latter provision acknowledged

the position of British-based unions operating in an all-Ireland context. The Irish Congress of Trade Unions (ICTU) is an all-Ireland body. On the other side of the coin, unions registered in Dublin but operating across the border, e.g. ITGWU (now part of SIPTU), and also INTO and IBOA, representing national teachers and bank officials respectively, have traditionally been required to furnish information to the Registrar in Belfast. The functions of the English Registrar on trade unions are now performed in a modified way by the Certifica- tion Officer, London. British trade union law has diverged consider- ably from that in the Irish juris- diction and the 1871 statutory base. Conclusion It is appropriate that there should be a statutory office in the Irish jurisdiction, such as the Registrar of Friendly Societies, independent of the Department of Labour, to register trade unions' rules and mergers. Sometimes the Regis- trar's decision e.g. on transfer of engagements as in the NUJ & IPU

case, or in registering a new union, although in accordance with law, may be contrary general official policy on trade union rationalisa- tion. Such independence of the Registrar, however, protects the interests of trade unions and their members, e.g. by providing an objective check and also an inexpensive means of processing complaints. Law Reform Required The Registrar of Friendly Societies is limited in his functions to the statutory provisions of the Trade Union Acts, the basic one dating from 1871. The High Court decision in the NUJ/IPU case, however, has highlighted the need for law reform of procedures on trade union registration and mergers, and the position of external unions (British- based) operating in the Irish jurisdiction. Many of the detailed procedures on registration and submission of information to the Registrar are outdated e.g. there is no clear statutory requirement for audited accounts; the 1871 Act uses outdated terms such as workmen

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