Comrades,
Many of you might be aware that trade unions have to approve
a Community Employment scheme before the government can provide funding.
This approval is given in good faith, and is a genuine
attempt by trade union members to assist unemployed people to find work or
training and education.
The management of these schemes is provided by volunteers
completely free of charge.
DCTU (and all trades councils) nominate a number of members to some schemes and also
to Partnership boards and a few other government agencies.
Again this is done in good faith, on behalf of DCTU and the
members.
These schemes use a limited company as the management
vehicle.
Most board members believe the limited company offers them complete
protection from any form of personal financial liability.
The law reform commission advised the government in 2002
that this type of company is not suitable for community groups.
Company law has changed recently, and, now, availing of the
protection, is much more difficult.
The only sure way to guarantee protection for board members, is to ensure absolute perfection, in complying with all laws, including labour
laws.
Most community groups cannot provide this perfection as the
government will not provide them with workers or funding to carry out this
work.
Indeed, many of the government’s own systems of management
operate in a way that forces these groups to break laws.
Unfortunately most board members believe that they are
complying with all laws, but the reality is, they are not complying.
For very pragmatic reasons, they are unwittingly breaking
the law.
The government have been told about this, but, there have
been no attempts by any government department to rectify the flaws.
It is my opinion that there is another agenda at play. I
think the government are driving an agenda to privatise all community development
activity.
I think the government are intent on allowing the groups to
break the law, and then force the groups to close down.
Unfortunately, for board members, they will be caught in a
spiral of bureaucratic monstrosity, and will inevitably end up in trouble.
Board members financial history will be affected negatively,
and their credit rating can be ruined for the rest of their life.
I ask you to put a motion to Congress to request that ICTU
open negotiations with the government, to ensure the necessary arrangements to
protect volunteers are put in place.
Failure to completely protect volunteers
should mean that ICTU and all trade unions are requested to withdraw all co-operations with
Community Employment and Partnership boards.