The Gazette 1991

JULY/AUGUST 199 1

GAZETTE

and masters. I n summary, subse- quent t o th epoints highlighted i n the NUJ/IPU case, i n m y view, reform i s required a s follows: Amalgamations an d transfer o f engagements between Irish-based and external trade unions immediately affect British-based unions, but there may be long-term Single Market implications fo r unions based i nother EC Member States which establish a presence in Ireland. Unions which have their head offices outside the Irish jurisdiction, but which operate branches i n th e State, should be required t o register with the Irish Registrar o f Friendly Societies o na nexternal registrar system following the precedent for external companies under Part X 1 Companies Act, 1963. Registration and information procedures would be rationalised fo rboth Irish an d external-based unions. Information about trade unions would b emore transparent. The trade union move- ment's policy aimed a t greater disclosure o fcompany information should b ereciprocated b y unions disclosing more data about their operations. Employers and unions would welcome a consolidated modern Act on trade union registra- tion an dmergers. The Supreme Court i n reversing the High Court decision referred, inter alia, t o (i) trade unions such as NUJ, which although not registered here have a presence and members in th e State, (ii ) Freedom o f association under the Constitution - McCarthy, J. while agreeing with the Chief Justice referred also t o the Registrar o f Friendly Societies having acted i n good faith and with great propriety. References 1. (a) National Union of Journalists (NUJ) & Irish Print Union (IPU) & others, Applicants, and Noel Martin Sisk (Registrar of Friendly Societies) and others, respondents. High Court, Keane J., 31 July, 1990. ILT Digest (1991) 9 ILT. (The other respondents were no t directly relevant t o th emain issues discussed i nthis article), (b )Supreme Court, unreported, 2 0June, 1991 . 2. Statutory Reports of Registrar of Friendly Societies, various years. Government Publications Sales Office, Dublin. 3. Irish Trade Union Law, A . Kerr & G . Whyte, 1985 page 47 . 4. Publications o nIrish Labour History, including James Larkin - Irish Labour Leader, 1876-1947, E . Larkin, London, 1961 & 1989 ; Saothar, annual

publication o f Irish Labour History Society, Beggars Bush, Dublin 4 . 5. Trade Unions in Ireland, 1894-1960, C . McCarthy, IPA, Dublin, 1977 . 6. Eagle or Cuckoo, Story of ITGWU in Ireland, M .Merrigan, Matmer, Dublin, 1989. 7 . NUR-v- Sullivan & others, 1947, IR 77. 8. ITGWU-v- Green, others & (A)TGWU, 1936, IR 471. 9. McCarthy, ob .cit . ref . 5 a t pages 131-133. 1 0 . Employment Law, vo nProndzynski & McCarthy, 1984 & 1990 General: Trade Union Law, Citrine, London, 1960 . NUJ & IPU an dRegistrar o f Friendly Societies Case, July 1990:- Counsei For Applicants: Mrs .Mary Robinson, SC, & Mr .Gerard Durcan. B.L . Fo r Respondents: Mr .Ercus Stewart, SC and Mr .Roderick Horan, B.L . Solicitors For Applicants: Ann Neary & Co . For Respondents: Liam Lysaght & Co. In th eSupreme Court, John Rogers, S.C. and G .Durcan, B.L. appeared fo r the applicants and Patrick J. Morrissey & Co . were solicitors fo r th e respondents. *Anthony P .Qulnn, Barrister o f King's Inns & Lincoln's Inn ,an da former Assistant Principal, Office o f Registrar of Friendly Societies, Is a member o fthe Irish Society for Labour Law & the Irish Labour History Society, bu this article was written I nhi spersonal capacity. •

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