I propose to take Questions Nos. 106 and 141 together.
The opt out in Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time is an opt out from the average maximum 48 hour working week. The Organisation of Working Time Act 1997, which transposed the above Directive into Irish Law, does not contain such an opt out provision and the Government does not intend to avail of this opt out in the future.
Following the European Parliament's First Reading of the draft Working Time Directive, the European Commission issued a Revised Proposal — COM (2005) 246 final — on 31 May 2005.
This Revised Proposal, which took account of some of the amendments proposed by the European Parliament, has been the subject of detailed discussion at the Employment, Social Policy, Health and Consumer Affairs Council on 4 occasions in the interim, culminating in last week's Council under the current Finnish EU Presidency.
The ending of the "opt-out" clause, allowing workers in some Member States to work beyond an average maximum of 48 hours per week, continues to be the main obstacle to reaching a compromise agreement that would be acceptable to all 25 Member States. At last week's Council, the UK, supported by some of the new Member States, were opposed to a definitive end date for the "opt-out" clause as proposed by France, Italy and Spain.
We saw the Finnish Presidency proposal as a pragmatic and workable compromise which would have protected the health and safety of workers without compromising the competitiveness of enterprises. Despite the flexibilities on offer in the compromise, blocking minorities in opposing camps prevented agreement.
Ireland will fully implement the provisions of any amending Working Time Directive, ultimately agreed by the Council and the European Parliament. Ireland does not avail of the opt out at present and does not intend to do so in the future, regardless of any opt-outs that might be offered or given.
