No. 42/1961:

ELECTRICITY (TEMPORARY PROVISIONS) ACT, 1961

ARRANGEMENT OF SECTIONS

1 Duration.

2 Present trade dispute.

3 Wages tribunal.

4 Commission of inquiry.

5 Regulation of supplies and prices of commodities.

6 Offences prosecutions and punishments.

7 Prosecution of bodies of persons.

8 Expenses.

9 Short title.

AN ACT TO MAKE PROVISION FOR THE TAKING, DURING A LIMITED PERIOD, OF EXCEPTIONAL MEASURES TO ENSURE THE DUE SUPPLY AND DISTRIBUTION OF THE ESSENTIALS OF LIFE TO THE COMMUNITY.

[2nd September, 1961.]

WHEREAS, in consequence of a trade dispute involving certain electricians, there is serious danger of a cessation of electric power:

AND WHEREAS, owing to the grave hardship which such a cessation would cause to the community, by reason of the interruption of essential supplies and services and the disemployment of workers in many occupations, a serious situation threatening the well-being of the community has arisen:

NOW, THEREFORE, BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) This Act shall, subject to subsection (2), continue in operation until the expiration of six months from the passing thereof.

(2) The Government may by order declare that this Act shall expire, on a specified date, being earlier than the expiration of six months from its passing, and in that case this Act shall expire accordingly.

2.—In this Act "the present trade dispute" means the trade dispute referred to in the Preamble to this Act.

3.—(1) If the Government consider that there is imminent danger of a cessation or serious curtailment of electric power arising before the settlement of the present trade dispute the Government may by order appoint a tribunal to determine the rates of wages to be paid to electricians involved in the present trade dispute.

(2) The tribunal shall consist of a chairman and at least two other members.

(3) It shall not be lawful for an employer to pay to any person to whom the determination of the tribunal applies wage at a rate other than that so determined.

(4) Section 21 of the Industrial Relations Act, 1946 , shall apply for the purposes of the exercise by the tribunal of its functions under this section with the substitution, for references to the Labour Court, of references to the tribunal.

(5) In the event of the tribunal not being unanimous, the determination of the chairman shall be the determination of the tribunal unless the members other than the Chairman are unanimous, in which case their determination shall be the determination of the tribunal.

(6) The tribunal shall have power to regulate its own procedure.

4.—(1) The Government may by order appoint a commission of inquiry to inquire into the procedure of the Electricity Supply Board for the determination of the remuneration of members of their staff and for the settlement of disputes relating to their conditions of employment, and to report and make recommendations thereon to the Government.

(2) The commission shall consist of a chairman and at least six other members.

(3) The Tribunals of Inquiry (Evidence) Act, 1921, shall apply in relation to the inquiry.

(4) To avoid doubts, it is hereby declared that the adjustment of remuneration of members of the staff of the said Board in accordance with any existing procedure, whether statutory or otherwise, shall not be affected by reason of the appointment of the commission.

5.—(1) The Minister for Industry and Commerce may by order authorise and provide for the regulation and control of supplies and prices of commodities, either throughout the scarcity of such commodities arising from any failure or restriction of electric power.

(2) An order under this section may contain all such incidental or ancillary provisions as appear to the Minister to be necessary or expedient for giving full effect to any provision thereof.

(3) The Minister may by order amend or revoke any order under this section.

6.—(1) Every person who contravenes (whether by act or omission) or attempts to contravene any provision of this Act or any order made thereunder shall be guilty of an offence.

(2) Every person who aids, abets, assists, counsels or procures another person, or conspires with another person to commit an offence under this Act shall himself be guilty of an offence.

(3) Where an offence is committed by a body corporate or an unincorporated body of persons and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary, member of any committee or official of such body, such person shall also be guilty of an offence.

(4) Every person who commits an offence under this Act shall—

( a ) on summary conviction, be liable to a fine not exceeding one hundred pounds (together with, in the case of a continuing offence, a further fine not exceeding twenty pounds for every day on which the offence is continued) or, at the discretion of the court imprisonment for a term not exceeding six months or both;

( b ) on conviction on indictment, be liable to a fine not exceeding five hundred pounds (together with, in the case of a continuing offence, a further fine not exceeding one hundred pounds for every day on which the offence is continued) or, at the discretion of the court, penal servitude for a term not exceeding five years or imprisonment for a term not exceeding two years or both such line and such penal servitude or imprisonment.

7.—(1) A body corporate may be prosecuted on indictment for an offence under this Act and any unincorporated body of persons may be prosecuted as if it were a body corporate.

(2) Provision may be made by regulations made by the Minister for Justice for the trial on indictment of any such body and for enforcing the payment of any fine imposed on any such body on conviction, whether summarily or on indictment, of an offence under this Act, out of any of its assets or funds, wherever found.

8.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

9.—This Act may be cited as the Electricity (Temporary Provisions) Act, 1961 .