§ Mr. MarlowTo ask the Secretary of State for Employment what legislative competence the EC has in respect of deciding, by majority voting, matters relating to(a) maternity leave and (b) the length of the working week, and under what legislative authority.
§ Mr. ForthIt is for the European Court of Justice in the final analysis to determine such matters.
Existing directives which are concerned with terms and conditions of employment have been based on article 100 of the treaty of Rome—establishment or functioning of the common market—or article 235—measures necessary to achieve the objectives of the Community but which are not provided for elsewhere in the treaty. These articles require unanimity in the Council.
The European Commission has cited article 118A—health and safety of workers—as the proposed legal base for its draft directives on pregnant workers and working time. Under article 118A, the Council may adopt directives through qualified majority voting.