Vol. 395 No. 9
20 Mr. Quinn asked the Minister for Labour if he will outline his plans to ensure the adoption of the action programme of the European Commission in relation to the Social Charter; and if he will make a statement on the matter.
28 Mr. Bell asked the Minister for Labour if he will outline the elements of the action programme of the European Commission on the Social Charter which will be enshrined in Irish law by the end of 1990; and if he will make a statement on the matter.
30 Proinsias De Rossa asked the Minister for Labour if, in relation to his statement made to journalists in Brussels on 25 January 1990 that he intended to implement the EC action programme of workers' rights on a qualified majority basis, any timetable has been set by him for this programme; and if he will make a statement on the matter.
58 Mr. T. O'Sullivan asked the Minister for Labour when he proposes to open discussions with the social partners within the framework of the Central Review Committee to discuss the detailed implementation of the action programme to give effect at European level to the Social Charter; and if he will make a statement on the matter.
60 Mr. Spring asked the Minister for Labour if, in his capacity as President of the Council of Social Affairs Ministers, he will ensure that the Social Charter and the action programme of the European Commission are given maximum priority during the period of the Irish Presidency.
I propose to take Questions Nos. 20, 28, 30, 58 and 60 together.
As I have indicated on a number of occasions, I am determined during Ireland's Presidency to advance to the greatest degree possible the proposals of the Commission to implement the Social Charter and the action progremme. To that end, I have engaged in a series of consultations with various interests, including the social partners, both at European and national levels. I have arranged a meeting later today under the Troika arrangements with the Social Affairs Ministers of Italy and Luxembourg — my immediate successors as Presidents-in-Office of the Social Affairs Council — and the Social Affairs Commissioner with a view to establishing a timetable designed, as a first step, to ensure that all proposals of the Commission under the action programme are examined and decided before the end of 1992. I considered that such an initiative was necessary on my part as a means of ensuring progress in the light of the volume and complexity of the proposals for legislation in the action programme which will have to be dealt with over a period of less than three years. The initiative has been widely welcomed.
I have kept the social partners informed, both at national and Community levels, about my Presidency programme and my intentions regarding the implementation of the action programme. I have assured them that I am doing everything possible to ensure that progress is made.
In response to the particular question posed by Deputy De Rossa about the use of qualified majority voting, I should explain that the statements made by me to journalists in Brussels on 25 January were in the context of the use, as a legal base for implementation of individual proposals under the action programme, of Article 118A of the Rome Treaty as inserted by the Single European Act. That article provides for the adoption by the Council, by qualified majority, of directives concerned with measures designed to improve the working environment as regards the health and safety of workers. It is a question of how broadly the provisions of Article 118A should be interpreted. On 25 January I expressed the hope that Article 118A would be interpreted reasonably broadly. However, it is a legal question which would have to be assessed on the basis of the contents of individual proposals which will be brought forward by the Commission. Any disputes in that regard would, therefore, rest for eventual determination by the European Court of Justice. In anticipation of the submission of the Commission proposals, it is not feasible to indicate the extent to which Article 118A can be used. I have expressed the hope, however, that arguments about the legal base should not hold up progress in examination of the substance of individual proposals.
Concerning Deputy Bell's question, the position is that the first proposals of the Commission under the action programme have not yet been submitted to the Council. In anticipation of submission to the Council, it is not possible to predict the extent of progress which is likely to be made by the end of this year. The procedure is that, following submission by the Commission, each proposal will have to be considered by the Council and some of the proposals will have to be the subject of consultation with the European Parliament and the Economic and Social Committee. In these circumstances, and though I shall continue to do all I can to expedite matters at all stages, I am not optimistic about any of the proposals being adopted by the Council in time to be enshrined into national law by the end of the present year.
I thank the Minister for his comprehensive reply. When does he expect to be in a position to announce the timetable for implementation of the action programme and the precise set of measures, including directives and recommendations, which will emerge following the discussions he is proposing to have with various interested parties?
Later this evening in Brussels I will meet with the Troika and the Commissioner. We do not want just a few of these matters dealt with during one Presidency. We want an agreed programme dealing with the whole charter and the 47 initiatives. Tomorrow I will debate the draft timetable with the Social Employment Action Group and then meet the employers and the trade union representatives. Some further discussions may be necessary with the Italians next Friday in Rome and, we would hope, at the informal Council meeting in Dublin on Thursday and Friday of next week to have the programme agreed.
Has the Minister given any consideration to the impact on the Social Charter and the implications for it of the move towards German unification? Have the Presidency or the Commission given any consideration to a deferral of the provisions of the Social Charter in respect of East Germany?
Let us stick to the subject matter of the question.
It all has to do with the speed of the action programme which could be slowed down or affected by the unification of Germany.
I thought we dealt with that aspect of the matter earlier today.
There are 47 initiatives, half of which have a legal base. There are three resolutions, 17 Directives and 11 other instruments. I do not believe German unity would change the view that workers in Europe require these protections. As the various matters come before the Social Affairs Council I am sure the German Government will make the necessary arguments.
Arising from what the Minister has said about Article 118A, does he consider that the report adopted last week by the European Parliament, which identifies certain priorities abstracted from the action programme to be implemented immediately, would have his support? Are those priorities in accord with the Minister's own view.
We will be discussing them tomorrow with the Social Employment Group. The adaptation of working time, part-time work, information for employees and worker participation generally are all issues which the Irish Presidency have made it clear are in our action programme. The Deputy appeared to be asking whether we would interpret those to be part of Article 118 (a) or Article 110 (a). We would support them but whether they would qualify is a different question.
