Vol. 413 No. 1
6 Mr. T. O'Sullivan asked the Minister for Labour if he will list the items on the agenda of the EC Social Affairs Council which commenced on 14 October, and continued on 6 November; if he will give details of the outcome of the deliberations of the council on these matters; if he will outline the position adopted by the Irish delegation on each item; and the reason for the stance taken in each case.
The items on the agenda for the Social Affairs Council on 14 October and 6 November were the Draft Directives on Temporary and Mobile Work Sites, the Protection of Pregnant Workers and the Organisation of Working Time together with the Final Report of the Second European Poverty Programme.
The Draft Directive on Temporary and Mobile Work Sites aims to address the problems of inadequate planning and lack of proper management and co-ordination which are estimated to cause up to two-thirds of accidents on construction works. Ireland supported this proposal and the Council adopted a common position on the item.
I am particularly pleased that the Council was able to reach a common position on the Draft Directive on the Protection of Pregnant Workers, which was discussed at the Council on both 14 October and 6 November. The directive provides for periods of leave during pregnancy or breastfeeding where the work environment or organisation of work poses a risk to the worker or where she cannot be transferred to another job.
The agreement at Council marks a significant breakthrough in protection of pregnancy and maternity throughout the European Community. It also indicates a further stage in the implementation of the social action programme. The new measures give Irish women substantially greater statutory protection. Currently, Irish women must be working a minimum of eight hours per week and be 13 weeks in employment to qualify for leave under the Maternity Protection Act. The measures agreed at the Council meeting will eliminate all qualification thresholds for pregnant women workers. The new measures also extend the current protection for pregnant workers under the Unfair Dismissals Act, by prohibiting dismissal for any reason which is related to pregnancy.
In addition, new legislation will be required to provide for the transfer of a pregnant worker to alternative duties if a medical assessment reveals a risk to health and safety. If no such transfer is possible, the new measures require paid leave to be provided. Currently, pregnant Irish women workers attending ante-natal examinations are entitled to time off without pay. Under the new measures they will be entitled to time off without loss of pay.
Agreement was reached at the Council meeting that payment during maternity leave must at least match the payment a worker would receive if she were sick. The provisions of the maternity benefit scheme currently operating in Ireland are already well ahead of the minimum laid down in the new rules. There is no question of a reduction of benefits to the new EC level in countries where national rates are higher. Under the proposed Directive the 14 week statutory minimum length of maternity leave will remain unchanged.
I will be undertaking a review of the amendments to the Maternity Protection and Unfair Dismissals Acts which are required to bring our statutes into line with the provisions which are likely to feature in the new Directive. The common position adopted by the Council now goes on to the European Parliament for an opinion. It is expected the new provisions will be presented to the Council for its endorsement next year. Member states will then have two years in which to implement the changes required in their national laws.
The Draft Directive on the Organisation of Working Time and the Final Report on the Second European Poverty Programme were not reached on 14 October or 6 November due to time constraints. They are scheduled for discussion at the next Social Affairs Council on 3 December.
I had hoped to welcome the Minister in his new portfolio but, unfortunately, some of the tactics employed amount to a filibuster to ensure that the least possible number of questions is answered.
He is excited about his job and labouring the point.
The gestation period.
It is ironic that the Minister in his very lengthy reply ignored the most important factor in the directive. I refer to the provisions on pay entitlements. Would the Minister not agree that Ireland is responsible for the watering down of proposals regarding full pay entitlements? The record in my possession clearly shows that. We were the country who fought to reduce the entitlement of pregnant women who are out of work for the duration of their pregnancy.
If the Deputy does not want a lengthy reply he should not table a question which invites a lengthy reply. I do not accept the points the Deputy makes. As is clear from the record, the Irish delegation and the Minister took quite the opposite view.
I cannot agree with the Minister. Commissioner Papandreou has already indicated that she does not accept the directive and intends to oppose its second reading in the European Parliament. Can the Minister give an assurance to the House that following Maastricht the Social Charter will be implemented and will have the full support of this country? To date our record in this area has been deplorable. It is reckoned that Ireland and Britain have been the greatest violators of the Social Charter to date and that they have done everything possible to reduce its effectiveness.
I assure the Deputy that the Irish Government have been and will continue to be particularly zealous and sensitive to the rights of the low paid and women workers—
They have—
Will the Deputy listen to me? That fact will be clearly evident from the programme we have put in place. The Deputy should not rely on what he hears here or there on what has been suggested by——
They are official records from the European Court——
They could not be official records because they are not in line with the facts.
On a point of order, I submit that the time for Priority Questions has long expired.
It is marginally so if we go into seconds. I have to agree with the Deputy. That being the case I must take the Deputy's point of view, adhere to Standing Orders and proceed to other questions.
On a point of order, may I resubmit my question to the Minister for Labour.
If the Deputy consults my office about it we will seek to facilitate him, if that is possible.
The Chair is most accommodating and I should like to thank the Chair.
I wish I could be more accommodating, Deputy, but the House is supreme in such matters.
I had hoped that the Priority Questions would not require such detail—
The first Priority Question could have been answered in one minute.
Let us deal with Question No. 10.
