45. PROPOSED COUNCIL DIRECTIVE OF 30
APRIL 1999 CONCERNING THE FRAMEWORK AGREEMENT ON FIXED-TERM WORK
CONCLUDED BY UNICE, CEEP AND THE ETUC (7765/99)
Letter from Lord Tordoff, Chairman of
the Committee, to the Rt Hon Ian McCartney MP, Minister of State,
Department of Trade and Industry
This document was sifted for scrutiny to Sub-Committee
F on 15 June, on the basis of an Explanatory Memorandum dated
11 June. This week we received an urgent request from your department
to lift the scrutiny reserve. I have done this, and the document
was cleared from scrutiny this Wednesday.
I would be grateful, however, for an explanation
of the delay in submitting an EM on this document. The document
was dated 30 April , and it is regrettable than an EM was not
submitted in time for proper scrutiny to take place.
Your EM (paragraphs 17-20) also raised some
UK concerns. I would be grateful to know what was the conclusion
of the negotiations on these points.
25 June 1999
Letter from the Rt Hon Ian McCartney MP,
Minister of State, Department of Trade and Industry, to Lord Tordoff
Chairman of the Committee
Thank you for your letter of 25 June clearing
this document from scrutiny. I am very grateful for the speed
with which you were able to clear the document, and apologise
for the late submission of the EM. Although the document was
dated 30 April, the official text was not received by the Department
until 10 May. It was necessary to consult in detail with colleagues
in order to set out an agreed position in the EM. It did not prove
possible to do this before the Whitsun recess. The presidency
was eager to have the Directive agreed before the end of their
term, and so pushed it forward much more quickly than we had expected.
We were keen to be helpful to the Presidency as this measure was
part of a package of measures which represented a favourable outcome
for the UK.
You asked what the results of negotiations were
on the issues raised in paragraphs 17-20 of the EM. The remaining
issue outstanding was that of pay. As paragraph 20 anticipated,
no other memeber state supported in the Council our view that
the Directive does not affect pay. We therefore, made a unilateral
minutes statement to this effect, as was done with the Part-Time
Directive. Whether pay is covered when the UK implements the Directive
will be a matter for consultation: the Government has not yet
formed a view.
The directive was adopted without further discussion
on 28 June. I will forward you the final text as soon as I have
received it. I will also send you details of the minutes statements
made by the UK and others (including on pay and coverage of the
armed forces). The amendments which were made to the original
text did not go beyond those set out in paragraph 17 of the EM,
and the text of the framework agreement, which contains the meat
of the proposal, was, unchanged.
13 July 1999