Social Affairs Council (Hansard, 24 November 1993)

§ Mr. David Hunt

I and the Minister of State for Employment attended the meeting of the Labour and Social Affairs Council held on 23 November.

Final agreement was reached on the draft directive on working time. The agreement retains all the key changes which the United Kingdom had secured in the earlier common position. In particular: 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; and provision to allow company and plant agreements to derogate from the main provisions of the directive.

In the Government's view, however, the directive represents a misuse of the health and safety provisions of the Single European Act and accordingly the Government will be challenging the legal base of the directive in the European Court of Justice.

Final agreement was also reached on the draft directive on the protection of workers on board fishing vessels, following consideration of the European Parliament's comments.

The Council also reached a common position on the draft directive on the protection of young workers on which a political agreement to meet our concerns had been reached at the last Council. The common position confirms the United Kingdom's renewable option not to implement the key parts of articles 8 and 9 of the draft directive dealing with daily and weekly hours of work and restrictions on night work for 16 and 17-year-olds and ensures that young people below school leaving age can continue, as now, to undertake light work such as newspaper deliveries from the age of 13 on the same basis as at present.

The Council also discussed the draft directives on parental leave and on the burden of proof in the area of equal pay and equal treatment for women and men. On neither was an agreement reached. A number of member states, including the United Kingdom, continue to have difficulties with the proposals.

The Council also heard presentations from the Social Affairs Commissioner on his Green Paper on European social policy and on progress with the Commission's draft White Paper on growth, competitiveness and employment. He also reported that, on the draft directive on European works councils, the Commission had initiated the process of consultation under the agreement of the Eleven set out in the protocol to the Maastricht treaty. The Council was also given brief progress reports on the draft directives on non-standard employment and the posting of workers.

There was also a discussion on a proposed Community programme on social exclusion, to follow the current Poverty 3 programme. Opinions were divided on the timing of any new programme and the size of its budget.

Finally a declaration was agreed to mark the end of the European Year of Older People and Solidarity between Generations.