Worker Participation (State Enterprises) Act , 1977

1 Interpretation.

1.—In this Act—

“the Act of 1963” means the Companies Act, 1963;

“Aer Lingus”, except in the Schedule to this Act, means Aer Lingus Teoranta;

“Aerlinte” means Aerlinte Éireann Teoranta;

“appropriate number” has the meaning assigned to it by section 23 of this Act;

“collective bargaining negotiations” means negotiations between any employer, employers' organisation or other body of persons representative of employers on the one hand and any organisation or other body of persons representative of employees on the other hand, being negotiations which are concerned with the remuneration or other terms or conditions of employment, or the working conditions, of employees;

“company” means a company within the meaning of section 2 of the Act of 1963;

“designated body” means a body to which this Act applies (and which is specified in the Schedule to this Act);

“election” means an election pursuant to this Act;

“election year” means a year which by virtue of section 6 of this Act is an election year;

“elector” means, in relation to an election, a person who is entitled under this Act to vote at the election;

“employee” means, in relation to a designated body, a person employed in a whole-time capacity by the body under a contract of service or apprenticeship and for the purposes of sections 9 (4) (w) and 10 of this Act a person employed in such a capacity by Aerlinte under such a contract shall be regarded as being an employee of Aer Lingus;

“list of electors” has the meaning assigned to it by section 9 (4) (w) of this Act;

“the Minister”, save where the context otherwise requires, means the Minister for Labour;

“nomination day”, subject to sections 13 (6) and 14 (3) of this Act, means in relation to an election, the day fixed by the Minister pursuant to section 6 (2) of this Act as regards the election;

“ordinary director” means a person who is a director of a company which is a designated body and who is appointed or nominated to be such director otherwise than under this Act;

“ordinary member” means a person who is a member of any designated body specified in Part 1 of the Schedule to this Act and who is appointed to be such member otherwise than under this Act;

“polling day” has the meaning assigned to it by section 12 (1) of this Act;

“polling period” has the meaning assigned to it by section 12 (1) of this Act;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“preliminary poll” has the meaning assigned to it by section 13 (1) of this Act;

“returning officer” means, in relation to a designated body, the person who as regards the body is for the time being by virtue of section 7 of this Act the returning officer for the purposes of this Act;

“specified day” has the meaning assigned to it by section 15 (2) of this Act;

“stated day” has the meaning assigned to it by section 8 of this Act;

“trade union” has the same meaning as in the Trade Union Acts, 1871 to 1975.

2 Appropriate Minister.

2.—For the purposes of this Act the appropriate Minister shall be—

(a) in relation to the designated bodies,

(i) with regard to Bord na Móna, Córas Iompair Éireann and the Electricity Supply Board, the Taoiseach,

(ii) with regard to Comhlucht Siúicre Éireann Teoranta, the Minister for Finance,

(iii) with regard to Nitrigin Éireann Teoranta, the Minister for Industry and Commerce,

(iv) with regard to Aer Lingus and the British and Irish Steam Packet Company Limited, the Minister for Transport and Power, and

(b) in relation to an election, the Minister of State who, in relation to the designated body to which the election relates, is by virtue of the foregoing the appropriate Minister.

3 Appointed day.

3.—(1) The Minister may in relation to each designated body by order appoint a day to be the appointed day for the purposes of section 6 of this Act and the same day may be so appointed in relation to all or any two or more of the designated bodies.

(2) Section 4 (2) of this Act shall not apply to an order made by the Minister under this section.

4 Orders and regulations generally.

4.—(1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed.

(2) Subject to section 3 (2) of this Act, the Minister may by order amend or revoke an order made under this Act (including an order made under this subsection).

(3) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(4) Where an order under this Act, other than an order under section 3, is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.

5 Bodies to which Act applies.

5.—This Act applies to each of the bodies specified in the Schedule to this Act.

6 Election year and nomination day.

6.—(1) As regards a designated body the election years for the purposes of this Act shall be—

(a) the year in which the day appointed by the Minister under section 3 of this Act in relation to the body falls, and

(b) each successive third year thereafter.

(2) Not later than the 15th day of September, the Minister shall in each year which in relation to a designated body is an election year by regulations fix in relation to the body a day to be, for the purposes of this Act, the nomination day in that election year, and in case the same year is as regards any two or more designated bodies an election year, the same day may be prescribed in relation to all or to any two or more of those designated bodies.

7 Returning officer.

7.—(1) As regards a designated body, the returning officer for the purposes of this Act shall be—

(a) the secretary of the body, or in case there is no such secretary, the officer of the body who performs the functions of secretary of the body, or

(b) in lieu of such secretary or officer, any other person who in the opinion of such secretary or officer is both competent to perform the functions of returning officer and acceptable to—

(i) a trade union or other body of persons which the secretary or officer is satisfied is both recognised by the designated body for the purposes of collective bargaining and representative of a majority of the employees of the body, or

(ii) two or more trade unions or other bodies of persons which the secretary or officer is satisfied between them collectively represent a majority of such employees and as regards each of which the secretary or officer is satisfied that the body is so recognised.

(2) A returning officer may perform any of his functions, being functions which are for the time being prescribed, through or by any other employee of the relevant designated body or through or by any other person who, in either case, is duly authorised by him in writing in that behalf.

(3) The returning officer at an election shall not be entitled to be nominated as, or to nominate, a candidate at the election.

8 Stated day, etc.

8.—The returning officer at an election shall, not later than the day which is seventy days before the nomination day, as regards the election fix—

(a) for the purposes of section 10 (2) of this Act a day, which is in this Act referred to as the “stated day”, being a day which is neither earlier than the fifty-sixth nor later than the forty-second day before the day which as regards the election is the nomination day, and

(b) the period or periods during which, on such nomination day, nominations at the election will be received,

provided that the period, or the aggregate of the periods, so fixed shall not be less than three hours.

9 Conduct of elections.

9.—(1) Subject to the provisions of this Act, elections shall be held in accordance with regulations made by the Minister and regulations under this section may apply—

(a) generally to elections,

(b) to elections which relate to a particular designated body or particular such bodies specified in the regulations, or

(c) to a particular election or to particular elections so specified.

(2) Regulations under this section shall be made by the Minister only after consultation with,

(a) the Minister of State or every Minister of State, as may be appropriate, who as regards a designated body to which the regulations are to apply is the appropriate Minister, and

(b) the designated body or every designated body, as may be appropriate, to which the regulations are to apply.

(3) Where an election is contested, the poll shall be taken by secret ballot and according to the principle of proportional representation.

(4) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) of this section, make provision for all or any of the following matters in relation to elections:

(a) nominations,

(b) withdrawal and death of candidates,

(c) procedure when no candidate stands nominated,

(d) the determination of the number of candidates which pursuant to section 11 of this Act may be nominated at elections by bodies which are qualified bodies for the purposes of that section,

(e) the form of the ballot paper to be used,

(f) the time for and manner of applying for the issue of nomination forms and the time for and manner of issuing such forms,

(g) the particulars to be contained in ballot papers,

(h) the manner of completing and subscribing nomination forms and ballot papers,

(i) the procedure for,

(i) ascertaining the bodies entitled in any election year to nominate candidates under section 11 of this Act,

(ii) ascertaining the persons entitled to have their names entered on a list of electors, and

(iii) establishing the identity of persons proposing persons for nomination as candidates at elections, of persons voting in any preliminary or other poll under this Act and of persons so proposed,

(j) the taking and receiving of statutory declarations in relation to the identity of—

(i) persons voting at the taking of preliminary or other polls under this Act, and

(ii) persons so proposed for nomination,

(k) the period or periods during prescribed hours (which period or the aggregate of such periods shall not be less than twelve hours) during which preliminary or other polls at elections shall be held,

(l) the time for and the manner of issuing ballot papers, whether by post or otherwise, to persons having votes,

(m) the manner in which notice of the following is to be given, namely, the time or times and place or places at which—

(i) ballot papers will be issued,

(ii) a poll will be taken,

(iii) inspections pursuant to section 10 (5) of this Act may be made,

(n) the persons by whom the nomination forms and ballot papers shall be issued,

(o) the time for and manner of sending completed nomination forms and ballot papers (other than postal ballot papers) issued at an election to the returning officer,

(p) the time for and manner of sending postal ballot papers issued at an election to the returning officer or to someone duly authorised to receive them on his behalf,

(q) the maintenance of secrecy of voting,

(r) the scrutiny of ballot papers by the returning officer,

(s) the time within which and the manner in which a person authorised to receive postal ballot papers on behalf of the returning officer is to return the ballot papers to the returning officer,

(t) the custody of ballot papers and the manner in which, after the election, they are to be disposed of,

(u) the time for and manner of counting votes,

(v) the rejection of ballot papers and the disallowance of votes by the returning officer,

(w) as regards each designated body, the separate preparation and maintenance of a single list of the names of persons entitled to vote at elections relating to the body (which list is in this Act referred to as the “list of electors”), and the manner in which such list is to be available for inspection by employees of the body,

(x) any other matter relating to the conduct of elections.

10 Right to vote, etc.

10.—(1) Where an election is contested, every person whose name is on the relevant list of electors and who is, on the day fixed for the taking of the preliminary or other poll at the election, an employee of the designated body to which the election relates shall be entitled to one vote at the poll, and persons other than the foregoing shall not be entitled to vote at a preliminary or other poll under this Act.

(2) Subject to subsection (3) of this section, every person who on the stated day is an employee of the relevant designated body and who—

(a) on that day is not less than eighteen years of age, and

(b) has for a continuous period of not less than one year ending immediately before that day been such an employee,

shall be entitled to have his name entered on the list of electors prepared and maintained by the returning officer and on an application being made in that behalf the returning officer, on being satisfied that the person complies with the requirements of paragraphs (a) and (b) of this subsection, shall enter the name of the person on such list.

(3) Where an election is held, a person shall not be entitled to make an application pusuant to subsection (2) of this section to the returning officer at any time on the day which as regards the election is the nomination day, and in case the election is contested, the person in addition shall be so disentitled during the period beginning on the day following such nomination day and ending on,

(a) in case a preliminary poll is held pursuant to this Act and a majority of the votes at the preliminary poll is against continuing further with the election, the day on which the result of the preliminary poll is ascertained, and

(b) in any other case, the day on which, pursuant to section 12 (5) of this Act, the returning officer informs the appropriate Minister of the names of any candidates elected at the election.

(4) It is hereby declared that nothing in this section shall be construed as preventing a person from voting at an election or from having his name entered on a list of electors prepared and maintained under this Act by reason only of the fact that the person is employed by a designated body on secondment to another body or person.

(5) Any employee of a designated body may in accordance with regulations made by the Minister in that behalf under section 9 of this Act inspect the relevant list of electors.

11 Nomination and support of candidates.

11.—(1) At any time during the period or periods fixed by the returning officer pursuant to section 8 of this Act for the receiving of nominations at an election, any trade union or other body of persons which in relation to the election is a qualified body for the purposes of this section may, in accordance with subsection (2) of this section, propose for nomination as candidates at the election persons each of whom,

(a) is an employee of the designated body to which the election relates, and

(b) on the day which is as regards the election the stated day, is not less than eighteen or more than sixty-five years of age, and

(c) has on such day for a continuous period of not less than three years ending immediately before that day been an employee of the designated body to which the election relates.

(2) Subject to subsection (1) of this section, at an election a candidate may be proposed for nomination in accordance with regulations under section 9 (4) (d) of this Act by a qualified body or he may be jointly proposed for nomination in accordance with such regulations by two or more qualified bodies; provided that a qualified body shall not be entitled at the election both to nominate one or more candidates of its own accord and to nominate one or more candidates jointly with another qualified body or with other qualified bodies.

(3) A nomination at an election shall be made in writing and be in the prescribed form and be sent to the returning officer in the prescribed manner.

(4) When the period for receiving nominations at an election expires, the returning officer shall, as soon as may be, rule on the validity of each nomination received by him and if, but only if, he is satisfied that the person to whom the nomination relates is not qualified for nomination as a candidate at the election or that the nomination paper is not properly made out or subscribed, or that in relation to the person the proviso to subsection (2) of this section has been contravened by a qualified body, he shall rule that the nomination is invalid and his decision shall be final and shall not be appealable.

(5) (a) A qualified body, other than a qualified body by whom a candidate at an election is jointly or otherwise nominated, may, with the agreement of the qualified body or qualified bodies by whom the candidate is nominated, within the prescribed period and in the prescribed manner notify the returning officer that the body supports the candidate at the election.

(b) Where pursuant to this section the returning officer at an election is duly notified that a candidate is supported at the election by a qualified body, then, in case there is a poll at the election and subject to the candidate's having been duly nominated, the fact of such support shall be indicated in the prescribed manner on the relevant ballot papers.

(6) In relation to an election a trade union or any other body of persons shall be a qualified body for the purposes of this section if, but only if, the returning officer is satisfied that on the nomination day the trade union or other body is recognised for the purposes of collective bargaining negotiations by the designated body to which the election relates.

(7) Where at an election there is a dispute as to—

(a) whether or not a trade union or other body of persons is a qualified body in relation to the election,

(b) the number of candidates which under this section or regulations made under this Act a qualified body for the purposes of this section may propose at the election or which under this section or such regulations may be so proposed jointly by two or more qualified bodies,

the dispute shall be determined by the returning officer whose decision shall be final and shall not be appealable.