Dáil debates

Tuesday, 14 July 2020

Ceisteanna Eile - Other Questions

Co-operative Sector

5:10 pm

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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18. To ask the Minister for Jobs, Enterprise and Innovation his plans to review and strengthen the co-operative legislation; and if he will make a statement on the matter. [15761/20]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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Baineann mo cheist leis an co-operative movement. I am not sure if the Tánaiste is replying to this question, but what plans has he to review and strengthen the co-operative sector? I ask this against a background of many promises and reports stretching over 60 years. The legislation in this area dates back to the 19th century, with one amendment to it in the 20th century. What steps are being taken?

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I will reply to this question. The Industrial and Provident Societies Acts 1893 to 2018 provide the statutory regulatory basis for the formation and general operation of industrial and provident societies, primarily co-operatives, in Ireland. The current legislative framework is largely Victorian statutory code incorporating a number of antiquated provisions. Following a root and branch review of the existing legislative framework, which included conducting a public consultation on the operation and implementation of the current statutory code, the Department is well advanced in the preparation of a general scheme of a Bill for modernised and consolidated legislation. I expect the Minister to bring this to the Government in the fourth quarter of 2020.

The purpose of the Bill is to consolidate the existing industrial and provident societies legislation and to ensure that a modernised and effective legislative framework, suitable for the diverse range of organisations using the co-operative model in Ireland, is in place. The Bill will deal with a wide range of issues that have arisen, informed by the public consultation and bilateral engagement with stakeholders, issues identified by the Department and the Registrar of Friendly Societies and the report on the Private Members' Industrial and Provident Societies (Amendment) Bill 2018 prepared by the Joint Committee on Business, Enterprise and Innovation in 2019. The Bill will, among other issues, provide co-operative societies with a distinct legislative identity reflecting the co-operatives' ethos, revise the provisions on debentures, introduce audit exemptions in line with the approach taken in the Companies Act 2014, strengthen the governance provision and revise the powers of the Registrar of Friendly Societies.

A modernised legislative framework aligned with the realities of the 21st century business and regulatory environment will ensure a level playing field between co-operatives and other legal options for structured enterprise activities.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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I do not have a copy of the reply to hand, which makes it a little awkward to respond to the Minister of State. I welcome the fact that the heads of the scheme will be published. Forgive my cynicism, however, as I go back over 60 years of promise after promise. Following a suggestion from Mr. Lemass, a report was published in 1964. We move forward to a report in 1986, 20 years later, and to 2007, when there was a very good report from Forfás. In 2009 there was another consultation and there was a further consultation in 2016 and 2017. Then there was the committee's report mentioned by the Minister of State arising from the Bill from Independents 4 Change, which forced some action. Given all of that, I want a definitive answer from the Minister of State on when the Bill will be published.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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The Deputy spoke about a history of 60 years, but I am not 60 days in this role. I have said that a substantial body of work has already been undertaken. The Deputy rightly referred to the Private Members' Bill that went through the Dáil in 2018. It was referred to the committee on business and enterprise and the committee conducted a review and produced a report on the Bill. That has fed into the work that has been ongoing in the Department. I ask the Deputy to judge me on my track record. I have given a commitment in the Dáil today that this is a priority for the Department. It is envisaged that we will bring this legislation forward by the fourth quarter of 2020 to be debated in the Dáil, and I will welcome the Deputy's engagement at that stage.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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I welcome that commitment from the Minister of State and I will certainly judge him on his actions. The reason 60 years was mentioned was to put it into perspective. The legislation dates back to 1893 and gives no recognition to the distinct characteristics of co-operatives, or any reference to the co-operative principle. The Forfás report in 2007 highlights that the co-operative sector in Ireland is vibrant, but concentrated in certain traditional sectors. It goes on to say that it is static. We simply have not used the potential that exists in co-operatives. I would have thought we would have learned from the recession and certainly we should learn from Covid-19. If one looks at the underlying principles, they fit in with what the Government says in theory. There are seven parts to the definition and one is particularly striking, that co-operatives work for the sustainable development of their communities through policies approved by members. There must be Government recognition of that. We need policy and legislation. I welcome the Minister of State giving his word today and I will hold him to it.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I reiterate that the Government acknowledges and recognises the good work that is being done by various co-operatives throughout the country, be they in the agrifood sector, group water schemes or housing co-operatives. Their work is recognised and it is on the basis of that good work that my Department has already started the work to bring forward the necessary legislative change. That legislative change will recognise the distinct identity reflecting co-operative ethos, reduce the number of members required to form a co-operative, revise the provisions on debentures and introduce audit exemptions in line with the approach taken in the Companies Act 2014. The Deputy will be aware that the Companies Act 2014 required a vast volume of work.

It took a lot of time, and now that it has been done there is the opportunity to move it at an accelerated pace in respect of this legislation. I anticipate engaging fully in this regard with the Deputy before the end of the year.