The SiMAP and Jaeger
Judgments
5.24. We are encouraged by the positive preliminary
reports of the pilot schemes aimed at reducing hospital doctors'
working time which are currently being carried out in the NHS.
We hope that it will prove possible to extend schemes on these
lines to all United Kingdom hospitals as a contribution towards
the attainment of the requirements of the Directive without detriment
to standards of patient care or medical training. (paragraph 3.44)
5.25. We note, however, the unanimous evidence
we have had from Government and the medical profession that it
will be impossible for the NHS to comply with the extension of
the Directive to junior hospital doctors by August of this year
if the definition of working time in the SiMAP ruling is
applied as it stands. (paragraph 3.45)
5.26. We also note that there are differences
of opinion over the feasibility of applying the principles underlying
the SiMAP ruling in the longer term. We look to the Commission
to produce proposals as a matter of urgency that would have the
effect of deferring the implementation of the Directive for junior
doctors until a satisfactory solution to the problems posed by
the SiMAP ruling can be devised and agreed with Member
States. (paragraph 3.46)
5.27. We also urge the Government to continue
to work closely with representatives of the medical profession
and NHS management, as well as with the Commission and other Member
States, in attempting to devise a common approach to the definition
of working time for hospital doctors on-call duties which is consistent
with the spirit of the Directive as interpreted in the SiMAP
judgment whilst being workable in practice and to agree on a reasonable
programme to phase in whatever changes are needed without detriment
to standards of patient care or medical training. (paragraph 3.47)
5.28. As we understand it from the evidence we
were given, we believe more attention should be paid to the particular
difficulties which the SiMAP judgment will cause for the
United Kingdom because, of:
- the relative shortage of doctors in the United
Kingdom in comparison with other Member States,
- the striking difference in the ratio of junior
to senior doctors in the United Kingdom of 1.4 to one, compared
with the EU average of 4 seniors to each junior doctor;
- the long-standing British practice of delivering
at least 50 per cent of hospital service through doctors in training,
and
- the British tradition of dispersing doctors in
training to virtually every hospital, rather than concentrating
them in fewer centres as in most other Member States (paragraph
3.48)
5.29. We note the Minister's optimism
about finding "a very sensible way which does not drive a
coach and horses through the fundamentals of the Directive which
is to provide proper protection for employees against working
practices that are unsafe and unsound". Nevertheless, it
is clear to us from the overwhelming evidence we have received
that the effect of the interpretation of the Directive in the
Jaeger judgment is perverse and wholly impractical to implement.
(paragraph 3.49)
5.30. In view of the extremely serious situation
created by the Jaeger judgment, we call upon the Government
to indicate as a matter of urgency how they propose to deal with
the problem of doctors' working time and compensatory rest from
the extension of the Directive to junior doctors in August 2004
until such time as a satisfactory solution can be found. (paragraph
3.50)
5.31. In the meantime, we encourage the Government
to continue their efforts with other Member States to convince
the Commission that the serious practical implications of the
Jaeger judgment for all Member States demand rapid and
effective remedial action through an amendment of the Directive.
(paragraph 3.51)
5.32. We agree with our witnesses that the best
solution would be to get rid of the automatic requirement for
immediate compensatory rest completely. Ways should be found of
providing compensatory rest within a reasonable time. (paragraph
3.52)
5.33. We are also concerned by the possibility
which has been raised with us that the SiMAP and Jaeger
judgments might be applied to other sectors. We call upon the
Commission to produce detailed advice on this possibility for
consideration by Member States as a matter of urgency. (paragraph
3.60)
Final Conclusion
5.34. On the central point raised in the Commission's
consultation, we reiterate our conclusion that the voluntary individual
opt-out should be retained. We make a number of recommendations
for practical improvements in the way that the Directive operates.
In the time available we have endeavoured to do justice to this
important and complex topic. We believed it was important to submit
our Report before this phase of the Commission's review was completed.
We intend to keep the review of the Working Time Directive under
close scrutiny and will wish to examine carefully any further
report or legislative proposals that may be issued as a result
of the consultation. In the meantime, we recommend that the House
should debate this Report as soon as possible. (paragraph 4.1)
53 See Article 4 of Regulation 1049/2001 regarding
public access to European Parliament, Council and Commission documents
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