EC Social Affairs Council (Hansard, 7 June 1993)

§ Mr. Michael Forsyth

My right hon. Friend the Secretary of State and I attended the meeting of the Labour and Social Affairs Council on 1 June in Luxembourg.

A number of important issues were discussed. The main debate related to the draft working time directive on which the Council reached political agreement on a common position. We made clear the United Kingdom Government's continued objections to the directive, and our intention to challenge the legal base of the directive, when it is adopted, before the European Court of Justice, on the grounds that it represents a misuse of the health and safety provisions introduced by the Single European Act. In consequence, my right hon. Friend registered his intention to abstain on the directive.

Three major concessions were secured which would allow the United Kingdom to maintain flexibility and freedom of choice for employers and employees, namely: —the right for individual workers to work more than 48 hours a week if they wish; —that Sunday working should remain a matter for national law; —provision to allow company and plant agreements to derogate from the main provisions of the directive.

Exemptions from the scope of the directive were made for work at sea and doctors in training, to add to those previously agreed.

There was further discussion of both the young workers directive and the European works councils directive. No significant progress was made. The United Kingdom reiterated its major objections to both measures on grounds of subsidiarity and substance, reflecting, in the case of the young workers directive, the views expressed by the Scrutiny Committees of both Houses.

A Commission paper on employment, following up the earlier resolution adopted under the United Kingdom presidency, was discussed. We stressed the importance of protecting the international competitiveness of EC 96W businesses if we were to be able to tackle the high and rising levels of unemployment in the Community, and the threat to jobs posed by high non-wage costs and over-regulation. The Council agreed to conclusions stressing the need to tackle the problem of severe unemployment and to seek solutions to it, welcoming the Commission's initiative and pledging its commitment to intensifying efforts in this field.

Other substantive agenda items were settled as follows: A Recommendation on Access to Training secured political agreement, with the United Kingdom's outstanding concerns met; A Directive on Safety on Fishing Vessels secured political agreement on a common position. The United Kingdom indicated its intention to abstain; A Resolution on Flexible Retirement was agreed.