§ Lord BEAUMONT of WHITLEYasked Her Majesty's Government:
Whether they propose to withdraw their reservations to the European Social Charter (Cmnd. 2643) in respect of paragraph 1 of Article 2, paragraph 3 of Article 4, paragraphs 1, 4 and 7 of Article 7, paragraphs 2 and 3 of Article 8 and paragraphs 2 to 4 of Article 12; if so, when; and if not, why not.
§ The MINISTER of STATE, SCOTTISH OFFICE (Lord Hughes)When the United Kingdom's instrument of ratification of the European Social Charter was deposited on 11th July 1962, the Government of the day did not accept 10 of the Charter's 72 provisions because, after careful consideration, it was not certain that it was able wholly to fulfil the undertakings in respect of those provisions. The United Kingdom was the first. Member State to ratify the Charter1008WA so there were no precedents to assist the Government's decision.
Since the Charter entered into force on 26th February 1965, the supervisory procedure provided for in Part IV of the Charter has revealed some differences of opinion between the supervisory bodies in respect of the fulfilment of undertakings and a number of these differences have not yet been resolved. However, the situation is gradually being clarified and it is likely that circumstances will soon be propitious for a complete review of the United Kingdom's position in relation to the provisions of the Charter which it did not accept.
Meanwhile, the acceptance of additional provisions is always borne in mind when changes in United Kingdom law or practice suggest it may be appropriate. For example, we shall shortly be considering whether the Equal Pay Act 1970, which comes fully into operation in December 1975, will enable us to accept Article 4(3)—to recognise the right of men and women workers to equal pay for work of equal value.