Dáil Éireann díospóireacht -
Wednesday, 3 Jul 1996

Vol. 468 No. 1

Written Answers. - Social Charter and Chapter.

Bertie Ahern

Ceist:

194 Mr. B. Ahern asked the Minister for Enterprise and Employment if he will give details of the measures introduced under the Social Charter and the Maastricht Social Chapter and from which the United Kingdom has sought and obtained an opt-out. [14592/96]

Minister for Enterprise and Employment (Mr. R. Bruton)

The Community Charter of the Fundamental Social Rights of Workers, commonly known as the Social Charter, was adopted in 1989. While the United Kingdom did not subscribe to the charter, it must be emphasised that the charter itself — a "solemn declaration" by the European Council — is not part of any of the treaties governing the European Union. It simply laid down a set of non-binding principles on which laws might be based. An action programme based on those principles was drawn up by the European Commission and the legislative proposals contained therein (e.g., the Directive on Working Time) were based on Treaty provisions to which all member states, including the UK, were subject.

The Agreement on Social Policy (sometimes referred to as the Social Chapter) attached to a protocol annexed to the 1992 Maastricht Treaty is applicable to all member states except the United Kingdom. It is to measures adopted under the Maastricht Agreement that the so-called UK opt-out applies. To date, two legislative proposals, which are not binding on the UK, have been adopted under the agreement, namely, the Directive on the establishment of European Works Councils and the Directive on Parental Leave and leave for family reasons.

It is relevant to mention that to date there has been political agreement within the Council that the Maastricht treaty base (Social Chapter) should only be used when scope for agreement between all 15 member states has been exhausted.