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A Criticism of the Draft Articles

28th April 1944, Page 31
28th April 1944
Page 31
Page 31, 28th April 1944 — A Criticism of the Draft Articles
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Which of the following most accurately describes the problem?

IN. general, the Association is to be iii structure a Federation of Local Areas governed by a central body of delegates. Although there are provisions for general meetings of the• members, these meetings have, for practical.purposes, no powers, and the powers of the area, apart from the election of representatives on the National Council, are confined to strictly local affairs. The National Council, therefore, has virtually absolute control of the affairs' and policy of the Association.

Ks regards the election of the Council, as the constitution of functional groups Sand of areas and area committees are to be determined by by-laws, it is :not practicable to say how much control the individual members wilt have over the election of the members of the National Council. Presumably, each sub-area in general. meeting will elect a sub-area committee, the latter will elect the area committee, and the area committee itS representative on the Council. This appears to be a very indirect system of representation.

The powers of the National Council are so unrestricted that some means should be provided.to enable an area • 'general meeting to change the area representatives by ail extraordinary resolution. The power of removing a member conferred on the Association in general meeting cannot be of any value to a dissatisfied area.

As most major matters of policy will be determined in the first 12 months,

the names of the 126 nominated first members should be submitted, for approval to general meetings of members of the participating bodies.

As the identity of the permanent officials of the Association will clearly be of considerable importance, and as their views might clash with succeeding NationalCouncils, the articles should provide (i) that no official shall be appointed to a salaried post-except -on terms which enable his appointment to be determined by six months', or some shor1er notice; (ii) that no salaried official shall be permitted to make or issue statements of policy without the prior approval of the Council. In the alAence of such restrictions, the temporary Council mind bind its successors by giving longterm service contracts to the paid officials of the Association.

_ As regards functional groups, mere representation on the National Council appears to afford little protection for those the interests of Which may clash with the real or imagined interests of the majority of the National Council, which would, nevertheless, be 1-)resumed, to sPealc in the name of the industry as a whole.

Although. the practical' difficulties may be great, the National Council should clearly be made subject to the control of a general meeting. The power to make-regulations. is so hedged about that it seems. to be useless. There should be a clear provision that the National Council is subject in all

things to the control of the Association in general meeting.

It is not clear that by-laws governing functional groups, areas and sub-areas require to be confirmed by a general meeting, and such a meeting appears to have no power to alter or modify by-laws. The articles should be clarified in this respect.

The requirement that 20 per cent. of members present must demand a poll to make this effective is too stringent. It is understood that in the case of A,R,O, the percentage is 5.

• Generally speaking, the effect of the articles is to enable the majority of the National Council for the time being to act in the name of the Association, and to commit the industry represented by it to whatever policy it thinks fit,swith virtually no power on the part of the • general body of Members to control it in any way. Provided that the National Council be truly representative and that the majority will always have due regard to minority interests, this effect may not be objectioreable: It would,. however, be otherwise if the members of the National Council did not fairly represent the mass of the members or did not have due regard to • all the interests they are presumed to represent.

, Finally, proxy forms should not be seat out bearing names suggested by the Association with the inference that proxies are confined to those named

individuals.


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