Written answers

Thursday, 23 February 2023

Department of Enterprise, Trade and Employment

Legislative Measures

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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108. To ask the Minister for Enterprise, Trade and Employment the reason the general scheme of the Co-operative Societies Bill 2022 makes no provision for the re-establishment of a Co-operative Development Unit given its success in the establishment of co-ops when operational; if he is aware of the work of the Co-operative Development Unit in Scotland, especially its work in the establishment of hugely successful employee owned co-ops in Glasgow, which is now designated a Co-Op city; and if he will make a statement on the matter. [9172/23]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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The general scheme of the Co-operative Societies Bill 2022 introduces a modern legal framework which will place the co-operative model on a more favourable and clear legal basis. This will encourage the consideration of the co-operative model as an attractive formation option for entrepreneurs and also for social and community activities. A modern legislative basis, including strong corporate governance requirements, will also provide confidence to stakeholders and help to encourage investment in co-operatives.

It should be noted that the co-operative model is one of a number of corporate options available to those considering establishing themselves in business. The forthcoming legislation will complement the already modernised and consolidated regime applying to companies. However, the choice of corporate model is a matter for the founders of any business and my Department does not promote any corporate structure over any other.

The general scheme has been informed by extensive consultation and engagement with key stakeholders. My Department will continue to engage widely with the co-operative sector and their representative bodies, professional advisers, enterprise development agencies, relevant Government Departments etc to raise awareness of the forthcoming legislation and the potential for those who wish to follow the co-operative ethos to grow and prosper under the modernised co-operative regime.

It is considered that the most appropriate way to raise awareness of the potential benefits of the co-operative model is through existing channels and structures. However, my Department will keep matters under review in the context of preparations for the forthcoming legislation. In any event, it should be noted that any additional supports that might be required within the remit of my Department would not need to be legislated for in the context of the co-operative societies legislation.

In developing the general scheme, my Department reviewed the co-operative arrangements across a range of other jurisdictions, both within the EU and elsewhere. This included the situation in Scotland and more widely in the UK. This work informed the development of the general scheme, which is intended to facilitate the wide diversity of entities who wish to operate under the co-operative ethos.

Photo of Michael MoynihanMichael Moynihan (Cork North West, Fianna Fail)
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109. To ask the Minister for Enterprise, Trade and Employment if he will provide an update on the proposed Co-Operative Societies Bill 2022; and if he will make a statement on the matter. [9217/23]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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On 9 November 2022, the Government approved the drafting of the Co-operative Societies Bill 2022. The General Scheme represents the most far-reaching reform of the legislation regarding Co-operative Societies in almost 130 years. The proposals will consolidate, modernise and strengthen the legislative basis for the sector and enshrine the co-operative model in legislation for the first time. This will allow co-operatives to operate under a modern, fit for purpose legislative framework, and provide an attractive alternative to the company law model for those entities who subscribe to the co-operative ethos.

Pre-legislative scrutiny of the general scheme by the Joint Oireachtas Committee on Enterprise, Trade and Employment commenced on 14 December 2022 and is ongoing. Given the size and complexity of the proposed legislation, I do not expect the drafting of the Bill to be completed before late 2023.

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