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Road Transport (Working Time) Directive
The Parliamentary Under-Secretary of State for Transport (Mr. David Jamieson): On 21 October 2003, the Department for Transport launched a consultation exercise to consider the options for implementing the road transport (working time) directive—2002/15/EC (RTD) into UK legislation. This directive provides extra protection for drivers and crew of heavy goods and public service vehicles, who carry out road transport activities covered by the EU drivers' hours rules—regulation (EEC) 3820/85.
This exercise has now finished. In the light of responses received the Government has decided that the UK regulations should:
Implement the two derogations available under the RTD. This means that:
The four month reference period for calculating the average 48-hour week can be extended to six months.
night workers will be allowed to work more than 10 hours work for every 24-hour period.
To take advantage of the derogations, there will need to be either a collective agreement, or a workforce agreement at company level between the employer and employees. In addition, drivers will still be subject to the limits under EU drivers' hours rules (regulation 3820/85/EEC)
define "night time" as a period between 00.00–04.00 for drivers and crew of goods vehicles, but as 01.00–05.00 for drivers and crew of passenger vehicles.
VOSA (DVTA—NI) will enforce the new regulations; primarily in response to complaints they receive. This approach will be reviewed before March 2009.
Self-employed drivers will not be covered by UK regulations until March 2009.
Workers who are only occasionally subject to the RTD will be covered by the requirements of the directive—in particular the 60 hour weekly limit, 10 hour limit (when doing night work) as well as the daily/weekly rest requirement and break requirements.
The definitions under the RTD will be copied in to domestic law.
Detailed guidance on the new legislation, including the definitions (notably, working time and periods of availability) and occasional drivers or mobile workers will be published in due course.
In early June, the Department will consult on the draft text of the new regulations. The RTD will be implemented by 23 March 2005.
NORTHERN IRELAND
Parliamentary Boundaries
The Secretary of State for Northern Ireland (Mr. Paul Murphy):
The Parliamentary Constituencies Act 1986, as amended by the Boundary Commissions Act 1992, requires that the Parliamentary Boundary Commission for Northern Ireland undertake periodical reviews of
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constituencies in Northern Ireland. The commission are required to submit a report to the Secretary of State for Northern Ireland not less than eight or more than twelve years from their last report. The present review commenced on 16 May 2003.
The commission are announcing their provisional recommendations for constituencies in Northern Ireland today. The proposals are to be made available for public inspection at district council headquarters and electoral offices, public libraries and at the offices of the Electoral Commission and the Boundary Commission to coincide with the formal publication of the provisional recommendations on 6 May. The commission are required to take into consideration any representations made within one month of publication of the proposals.
I will, of course, report back to Parliament once the commission has made its final recommendations.