Memorandum by Philip Bushill-Matthews
MEP (West Midlands Region) Conservative Spokesman on Employment
and Social Affairs
1. The EU Working Time Directive (WTD) masquerades
as a Health & Safety issue because without this label in 1993
it would have fallen within the Social Chapter. It would not have
been applicable in the UK on that basis.
2. If it was truly a Health & Safety
measure, no individual opt-out from this Directive would have
been granted in the first place.
3. The UK was granted the opt-out in the
original WTD because the majority of other Member States have
effective flexibility regarding this Directive through varying
collective agreements. Some Member States have 100 per cent coverage
of such agreements. In the UK private sector, the figure is only
22 per cent. This of course is the real reason why there has been
a concerted attack on the UK use of the opt-out by the European
Socialist movement, and by the European Trade Unions. Its removal
is a necessary step to promote more widespread use of collective
agreements, and therefore a larger role for the Trade Unions.
It is nothing to do with Health & Safety.
4. The Report from the European Parliament
(Alejandro Cercas Alonso, A5-0026/2004) was based upon a deliberate
misrepresentation of the facts in the UK. It was also written
initially before the Commission Review was published specifically
in order to pre-empt its outcome.
5. The key vote within this Report to "phase
out the UK opt-out as soon as possible" was narrowly passed
with a majority of only 46 votes. If just 24 MEPs had voted the
other way, the proposal would have been defeated. There are 28
UK Labour MEPs: all those present voted in favour, against the
express instructions of HM Government. See attached press statement.
6. Fortunately however, this Report from
the European Parliament was what is called an "Own-initiative"
Report. It is therefore non-binding, and does not qualify as co-decision.
It is merely part of the Consultation process.
7. It should be noted that the Commission
proposal (COM(2003) 843) has called for responses to express their
opinion on the need to revise the current text or introduce other
Initiatives, not necessarily legislative. (Italics mine)
submitted by Philip Bushill-Matthews MEP
on behalf of the UK Conservative MEP delegation
13 February 2004
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