Jan O'Sullivan
Question:114 Ms O'Sullivan asked the Tánaiste and Minister for Enterprise, Trade and Employment if it is intended to implement the proposed EU directive on agency workers; and if she will make a statement on the matter. [13644/02]
Written Answers. - EU Directives.
Discussions on a proposal for a directive on working conditions for temporary agency workers between the social partners at European Level, ETUC and UNICE, under the provisions of the Social Protocol, began in June 2000. After 11 months of discussion agreement could not be reached due to the inability to agree on how agency workers pay and conditions should be established. Employers' representatives wanted them to be determined in comparison to other agency workers while the unions' representatives wanted such comparisons to be made with the permanent employees in the place of work in which the agency worker was placed.
The initiative then fell to Commissioner Diamantopoulou – EU Commissioner for Social Affairs and Employment – to attempt to move the agenda forward. The European Commission published its formal proposal on 20 March and provided that after a period of six weeks an agency worker could compare himself-herself with the employee in the end-user company.
At a meeting of the Social Affairs Questions Group held in Brussels on 11 June an initial discussion took place on the Commission's proposal. All member states presented their views. The majority expressed a willingness to find a balance between the need for protection of temporary workers and flexibility for enterprises. Member states sought clarification on a number of Articles contained in the proposal. Ireland raised its objection to the six week period and proposed that a longer period should apply before an agency worker could compare himself-herself with the employee in the end-user company. It is expected that discussion on the draft proposal will continue throughout the second half of this year both in the social affairs questions group and the European Parliament, under the EU co-decision process.
A further meeting is scheduled for 25 June when detailed scrutiny of each article will get under way.
Liz McManus
Question:115 Ms McManus asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of EU directives for which her Department has responsibility which have yet to be implemented; the number in respect of which the deadline for implementation has passed; if she has satisfied herself with the rate of compliance by her Department; the number of cases where legal actions have been notified or commenced by the EU Commission arising from a failure to implement a directive; and if she will make a statement on the matter. [13634/02]
The current position in relation to the transposition of EU Directives for which my Department is responsible indicates a total of 37 directives to be implemented, including five for which the deadline for implementation, in full or in part, has passed. Details of the Directives, including, in so far as it has been decided, the proposed transposition instruments, are available on my Departments website at www.entemp.ie/ecd/eudirectives.
A letter of formal notice, under Article 226 of the Treaty, has been issued by the European Commission in the case of one and a reasoned opinion in the case of another of the outstanding Directives for which the deadline for implementation has passed.
I am satisfied that my Department is giving all due priority to the task of implementing the provisions of EU directives, in light of available resources.
Question No. 116 answered with Question No. 92.