Memorandum by Department for Business
Enterprise & Regulatory Reform (BERR)
I am pleased to enclose evidence submission
for my Department, in response to your Committee's Call for Evidence
on the Impact of the EU Reform Treaty. The submission covers the
business aspects of the Charter of Fundamental Rights, and Consumer
Protection.
Other aspects of the "employment and social
affairs" policy area listed in the inquiry will be provided
by the Department for Work and Pensions. My Department has contributed
to this particular evidence submission.
I trust that helps the Inquiry, and contributes
towards a full debate in Parliament on the Treaty's ratification.
EMPLOYMENT AND SOCIAL AFFAIRS
CHARTER OF
FUNDAMENTAL RIGHTS:
BUSINESS ISSUES
1. The business aspects of the Charter of
Fundamental rights are addressed.
Will the Charter harm UK business?
2. The Charter will have no impact on UK
domestic law and creates no new powers for the EU to legislate.
The Charter does not extend the courts' powers to challenge any
UK laws, including employment and social legislation.
3. We have made it absolutely clear that
nothing will change for the UK as a result of a reference to the
Charter of Rights being included in the new Treaty.
Does the Charter create the right to strike and
other rights?
4. The Charter makes clear that the rights
to negotiate and conclude collective agreements at the appropriate
levels and, in cases of conflicts of interest, to take collective
action to defend their interests, including strike action, are
in accordance with national laws and practices. So, no new rights
are established and there is no possibility of a return to secondary
picketing in the UK.
The Charter gives people no greater social
and economic rights than are provided in EU law.
5. We have made it absolutely clear that
nothing will change for the UK as a result of a reference to the
Charter of Rights being made legally binding across the EU when
implementing EU law.
Does the Charter include more laws to stop people
getting sacked—will the UK lose flexibility?
6. The Charter simply reflects existing
EU and UK law on this subject. We already have UK laws that protect,
for example, women from being sacked for being pregnant or taking
maternity leave, in accordance with EU law. These are important
rights. Charter simply records this.
Will we lose our opt-out under the Working Time
Directive?
7. The Working Time Directive gives workers
a right not to be forced to work more than 48 hours a week on
average, but allows Member States to offer certain workers a choice
to work longer than 48 hours if they wish to. The Charter simply
records this. The Charter cannot be used to change it.
CONSUMER PROTECTION
8. There are no significant changes to the
consumer protection provisions of the Treaty.
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| TEC 153(1) | TFEU 169(1)
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| TEC 153(2) | TFEU 12
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| TEC 153(3) | TFEU 169(2)
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| TEC 153(4) | TFEU 169(3)
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| TEC 153(5) | TFEU 169(4)
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ART 12, TFEU (FORMERLY
ARTICLE 153(2), TEC)
9. Consumer protection requirement shall be taken into
account in defining and implementing other Community policies
and activities.
ART 169, TFEU (FORMERLY
ARTICLE 153(1), (3), (4), (5),
TEC)
10. In order to promote the interests of consumers and
to ensure a high level of consumer protection, the Union shall
contribute to protecting the health, safety and economic interests
of consumers, as well as to promoting their right to information,
education and to organise themselves in order to safeguard their
interests.
11. The Union shall contribute to the attainment of the
objectives referred to in paragraph 1 through:
(a) measures adopted pursuant to Article 114 in the context
of the completion of the internal market; and
(b) measures which support, supplement and monitor the
policy pursued by the Member States.
12. The European Parliament and the Council, acting in
accordance with the ordinary legislative procedure and after consulting
the Economic and Social Committee, shall adopt the measures referred
to in paragraph 3(b).
13. Measures adopted pursuant to paragraph 4 shall not
prevent any Member State from maintaining or introducing more
stringent protective measures. Such measures must be compatible
with the Treaties. The Commission shall be notifed of them.
17 December 2007
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