14 Tripartite Social Summit for Growth
and Employment
| (35524)
16118/13
COM(13) 740
| Draft Council Decision on a Tripartite Social Summit for Growth and Employment
|
| Legal base | Article 352 TFEU; unanimity; EP consent
|
| Department | Work and Pensions
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| Basis of consideration | Minister's letter of 20 February 2014
|
| Previous Committee Report | HC 83-xxvii (2013-14), chapter 3 (15 January 2014)
|
| Discussion in Council | No date set
|
| Committee's assessment | Legally important
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| Committee's decision | Cleared
|
Background and previous scrutiny
14.1 The Tripartite Social Summit for Growth and
Employment provides a forum for high level social dialogue involving
the EU institutions, Heads of State and Government holding (or
about to assume) the rotating Presidency of the Council, and EU
social partners (representing employers and trade unions). Existing
arrangements for the composition and meetings of the Summit are
set out in a 2003 Council Decision.
14.2 In its recent Communication, Strengthening
the social dimension of the Economic and Monetary Union, the
Commission put forward a number of initiatives to strengthen social
dialogue, and indicated that it would propose changes to the 2003
Decision to "align it with the new institutional framework
established by the Lisbon Treaty and its integrated growth and
employment strategy".[52]
14.3 The draft Decision would:
· incorporate the current practice of twice-yearly
meetings of the Summit before the spring and autumn European Councils
(the 2003 Decision only requires the Summit to meet "at least
once a year" before the spring European Council);
· include a reference to the Europe 2020
Strategy; and
· reflect the institutional changes introduced
by the Lisbon Treaty, of which the most significant (for the purposes
of the Tripartite Summit) is the creation of a permanent President
of the European Council.
14.4 Our Thirtieth Report, agreed on 15 January 2014,
provides further information on the changes proposed (which we
have described as 'light touch') and on the Government's position.
14.5 The Minister for Employment (Esther McVey) acknowledged
the value of high level dialogue with EU social partners on issues
related to the Europe 2020 Strategy and noted that the draft Decision
was "without prejudice to the organisation and operation
of the national systems of industrial relations and social dialogue".
She said that the Government would "ask the Commission more
fully to substantiate its reasons" for proposing Article
352 of the Treaty on the Functioning of the European Union (TFEU)
as the legal base for the draft Decision and, as Article 352 measures
are subject to the requirements of section 8 of the European Union
Act 2011, added that a further assessment would be required within
Government to determine whether one or more of the exempt purposes
set out in section 8(6) of the 2011 Act would apply.
14.6 We thought that the Minister appeared to have
reservations about the Commission's choice of legal base and asked
her to explain what they were and whether she considered there
to be a more suitable legal base. We suggested that none of the
statutory exemptions set out in section 8(6) of the European Union
Act 2011 appeared to apply in this case, asked the Minister whether
she agreed, and looked forward to receiving further information
on the outcome of the Government's assessment.
The Minister's letter of 20 February 2014
14.7 The Minister (Esther McVey) first explains the
Commission's rationale for proposing Article 352 TFEU as the legal
base for the draft Decision:
"The Commission has confirmed that it brought
forward this proposal under Article 352 because it believed there
was no other suitable legal base. In particular it did not consider
Article 152 to be a suitable basis to act as this does no more
than recognise the Tripartite Social Summit (TSS) as part of social
dialogue at European level. The Government shares this analysis
here, as there does seem to be no appropriate legal base for the
updating of the TSS decision, whose previous legal base, Article
202 of the EU Treaty is now defunct."[53]
14.8 She continues:
"The Government views the use of Article
352 as a legal base on a case-by-case basis and will support its
use where we believe that this is justified. Given the potential
use of this Article for a broad range of matters not provided
for specifically under the Treaty, it is right that measures relying
on this legal base are subject to greater Parliamentary scrutiny,
and in each case as required under the European Union Act 2011
we will seek the approval of Parliament to support the adoption
of the measure in the Council."
14.9 The Minister confirms that none of the statutory
exemptions set out in section 8(6) of the European Union Act 2011
applies, adding:
"In particular, the exemption for a renewal
or consolidation of an instrument allowed for [in] sub-paragraph
8(6)(e) cannot be used as it only applies to renewal or consolidation
of existing measures themselves adopted under Art 352 (or its
predecessor, the old Article 308), whereas the previous TSS Decision
was made under the then Article 202 EU Treaty, as explained above.
As none of the exemptions applies, the Government will need to
seek the approval by an Act of Parliament before a Minister can
vote in favour of the adoption of the new TSS Decision by the
Council."
Conclusion
14.10 We note that the Minister is content with
the use of Article 352 TFEU as the legal base for the draft Decision
and agrees with us that an Act of Parliament will be required
before the Government may vote in favour of its adoption. As
the legal base and parliamentary procedures for approval of the
draft Decision have been clarified, we are content to clear the
proposal from scrutiny.
52 See (35370) 14102/13: HC 83-xx (2013-14), chapter
2 (6 November 2013). Back
53
Article 202 of the EC Treaty conferred a general power on the
Council to take decisions ensuring that the objectives of the
Treaty were attained. Back
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