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Mr. Tim Collins (Westmorland and Lonsdale): In that case, will the Foreign Secretary explain why the latest edition of the CBI's Business Update states:


about works councils


    "but it can be overruled since this is one aspect of Social Chapter legislation which can be covered by QMV"?

Mr. Cook: For the hon. Gentleman's guidance, the current directive on the works councils has been rejected by the social partners, and the Commission has invited the social partners to negotiate. Only then will the Commission bring forward a proposal. When it does, we shall take our seat and make sure that the directive is amended in ways that reflect our thinking. We have already--because we have a seat--successfully amended the directive on the burden of proof, to make it wholly consistent with the existing state of British law.

If the shadow Foreign Secretary plans to found his entire vote tonight on the social chapter, I invite him to answer one question. During the general election, the former Prime Minister predicted that, if we joined the social chapter, Britain would have 500,000 more unemployed. In the first weekend after the general election, we said that we would join the social chapter, and my hon. Friend the Minister of State went to Brussels to say so on the Monday after polling day. In the six months since we stated that intention, unemployment has fallen by 190,000.

I invite the shadow Foreign Secretary to name one person who has lost his job through our intention to join the social chapter. [Interruption.] If the right hon. and learned Gentleman cannot answer that question, I can. The only people who have lost their jobs through the social chapter are Tory Members who fought the election telling the people of Britain that what was good enough for the rest of Europe was too good for the people of Britain.

The Opposition must now recognise that, in any case, there is no danger of a flood of prescriptive, unrealistic regulations from Europe. There is a changed tone in

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Europe. Opposition Members could hear it if they did not always turn a deaf ear to the channel. They can see it in the employment chapter in the treaty. As a result of lobbying by the new Labour Government, that employment chapter now opens with the recognition that the key to employment is the promotion of


    "a skilled, trained and adaptable work force and labour markets responsive to economic change".

For the first time, the treaty recognises that employment and growth result from the flexibility that comes from skills, not the inflexibility that comes from over-regulation. For the first time also, the treaty calls upon the European Union to achieve a high level of employment.

When Opposition Members negotiated Maastricht, they wrote into the treaty of union a list of hard, precise financial and monetary targets. Those targets are now balanced by a commitment on the part of the European Union to achieve the objective of high employment. The employment chapter puts a duty on community institutions to take into account the objective of promoting employment when they formulate any community policy or programme. That is another provision where the Bill improves the European Union. There are many more.

I invite the shadow Foreign Secretary to point out which of those improvements threaten the survival of Britain as a nation. Is it the provision for better scrutiny of European legislation by national Parliaments? Because of the changes in the treaty of Amsterdam, the Commission is now required to produce every draft directive in all the languages of the Union six weeks before it is put on the Council's agenda. The requirement deals with one of the Scrutiny Committee's main complaints throughout the previous Parliament, when its members could not get an English text.

After a directive goes before the Council, any citizen will have a right to the documents and minutes of the Council's decisions and votes, ending the entirely unsatisfactory situation in which the Council of Ministers was the only legislature in Europe that met in secret.

Mr. Edward Leigh (Gainsborough): The right hon. Gentleman asked what in the treaty should concern ordinary people who usually are not actively interested in politics. Will he comment on article 13--formerly known as article 6a--which is of concern to many religious groups? Religious groups representing 1 million members have written to the Prime Minister about the article, which outlaws discrimination.

There is great concern that some schools--such as Anglican and Catholic schools--that currently can insist on being run by a practising member of their denomination, may be banned from doing so by the article. Reassurances--for example, on a unanimity requirement--have been given. In the Grimaldi case, however, the European Court of Justice extended the law. Will the Foreign Secretary reassure all those groups that the Government are aware of the article, and take those worries seriously?

Mr. Cook: We take very seriously any worries that people might have that religious schools will be struck by any part of European legislation. However, the Bill and the treaty of Amsterdam do not do that. The treaty provides the basis for the Commission and the Council to

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legislate on grounds of discrimination wider than simply gender discrimination. It is, however, only an enabling clause; it is not itself a directive or a binding law.

The Council and the Commission would have to make proposals to put into effect any new measure against discrimination. In those debates and in that Council meeting, Britain would have a full voice, as would the many countries of the European Union that have religious schools. Therefore, that anxiety is entirely unfounded, and I hope that the hon. Gentleman will be able to reassure his constituents.

Sir Teddy Taylor (Rochford and Southend, East): Will the right hon. Gentleman give way?

Mr. Cook: No; I must press on. I have been generous in giving way, and I will give way again shortly.

The hon. Member for Gainsborough (Mr. Leigh) has pointed out one of the treaty's other improvements: it provides for legislation against discrimination on a Europewide basis. Britain has one of the largest groups of ethnic minorities anywhere in Europe. It is therefore particularly in our national interest to ensure that members of those ethnic minorities should be protected against discrimination when they exercise their rights under the treaty to travel or to work on the continent.

As some hon. Members will know, disability groups within Britain lobbied very hard to obtain that provision. As a result of British lobbying, a specific declaration is attached to the treaty requiring the Community's institutions to take account in any directive of the needs of the disabled, thereby opening the door for them to meaningful consultation.

Mr. Quentin Davies (Grantham and Stamford): I am absolutely astounded by what the right hon. Gentleman said immediately before he answered the question of my hon. Friend the Member for Gainsborough (Mr. Leigh). It seemed that he was claiming credit for having brought to an end the really quite scandalous situation in which the Council of Ministers is the only closed legislature in the world. He said that, now that the votes will be published, that will no longer be the case. He knows perfectly well that the problem will not be addressed at all by publishing votes, because votes are very rarely taken.

The legislative sessions of the Council of Ministers should be open to the public, and the television cameras should be there--so that the arguments that are adduced can be followed by the public, the changes of position by national representatives can be followed by their electorates, and the deals that are done can be seen through. The Council of Ministers remains closed. Moreover, the right hon. Gentleman's Government, with France, have opposed opening the legislative function of the Council of Ministers. It is disingenuous of him to suggest otherwise.

Mr. Cook: The hon. Gentleman in his last point is absolutely wide of the mark. We were pressing throughout the Amsterdam summit for the widest possible opening. I treat the hon. Gentleman with some respect, because he has shown courage and independence of mind on this matter, but if his complaint about this treaty is that it does

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not go quite far enough in openness, I cannot quite understand why he will fail to vote for it, given that it offers an awful lot more openness than there is at present.

I should like to press on to other areas of improvement.

Mr. Davies: What about the social chapter?

Mr. Cook: We have dealt with the social chapter. I fully understand the pressures applied to the hon. Gentleman, and I will not hold it against him if he votes against the Government tonight. He knows perfectly well that, if the social chapter were the only thing holding together Opposition Members, they could have let the Bill pass, and dealt with that matter perfectly adequately in Committee had they wanted to do so.

There are other improvements of which I understood Opposition Members were in favour. There is a new protocol on animal welfare which defines animals as sentient beings rather than agricultural products. That change has enormous support among animal welfare organisations throughout Britain.

There is another change that improves the Union. The treaty commits the Union to sustainable development, and insists that protection of the environment must be integrated into the formulation of all Community policies. That is a welcome step forward, given the threat to the environment that has sometimes occurred in the past from Community policies, including agricultural policy.

If none of those improvements persuades Opposition Members, if none is welcome on the Opposition Benches, surely there would be a welcome for the provision in the treaty for tougher powers on fraud. The provision empowers the Council to take the necessary measures against any member state that fails to counter fraud against the European Community just as they would fraud against their national budget. The people of Britain want their money used effectively; the people of Britain want Europe to crack down on fraud, and the treaty enables us to do that.


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