Joan Collins (Dublin South Central, People Before Profit Alliance)
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Question 218: To ask the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the fact that societies registered by the Registrar of Friendly Societies are required by law to file an annual return with the Registry of Friendly Societies no later than 31 March each year and that non-filing of annual returns constitutes an offence under the Industrial and Provident Societies Acts; the reason the Registry of Friendly Societies allows industrial and provident societies which consistently offend by failing to submit annual returns for periods of up to five years and more to remain registered; his views on the failure of the Registry of Friendly Societies to enforce the rules of the Industrial and Provident Societies Acts over the past five years, particularly rule 16(e) dealing with annual returns; his further views on whether it is acceptable that societies which consistently fail to submit annual returns for periods of five years and more can remain registered; and if he will make a statement on the matter. [37120/11]

Richard Bruton (Dublin North Central, Fine Gael)
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I am aware of the issues raised by the Deputy. As mentioned in previous replies on this matter, and following targeted enforcement campaigns in relation to friendly societies and trade unions, the Registry of Friendly Societies intends to instigate a similar programme in respect of Industrial and Provident societies.

The reference by the Deputy to Rule 16(e) relates to the model rules for co-operative societies set down by the Irish Co-operative Organisation Society. The role of the Registry of Friendly Societies is to register the rules of societies. Enforcement of an individual society's rules is a matter for that society, not for the Registrar.

Section 14 of the Industrial and Provident Societies Act 1893 provides for the filing of annual returns, while Section 9 of the same Act provides for the cancellation of societies in certain circumstances, including wilful violation of the provisions of the Act. While Ministerial approval is required in certain circumstances for the cancellation of societies, the power of initiation of such cancellation rests with the Registrar of Friendly Societies.

Cancellation of the registration of a society is a serious matter, and the legislation provides that any appeal must be made to the High Court (which can involve significant cost). In this regard, in the context of consultations on reform of the Industrial and Provident Societies Acts, I indicated earlier this year that I propose to bring forward legislation aimed at addressing particular issues which have been identified in the co-operative sector, including the issue of restoration of cancelled societies to the register. This draft legislation is currently with the Office of the Parliamentary Counsel, and I hope to publish a Bill in 2012.