§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether they consider that the parents of children born before 15 December 1999 have directly effective rights under the European Community Parental Leave Directive; and, if not, why not. [HL594]
§ The Minister for Science, Department of Trade and Industry (Lord Sainsbury of Turville)This Government consider that parents of children born before 15 December 1999 do not have directly effective rights under the EC Parental Leave Directive because the directive has been fully implemented.
The Government accept that directly effective rights can arise where a directive has not been implemented and where the rights which it provides are sufficiently clear, precise and unconditional. However, we do not believe that either of these conditions is satisfied in respect of this directive.