No reason for SIPTU to support the Treaty
A group of trade unions today called on Irish workers to reject the Lisbon Treaty. They said that despite the negotiations by the Irish Government, nothing has changed in the Treaty since it was rejected in June 2008.
Workers pay and conditions have come under attack from the rulings of the European Court of Justice(ECJ). The Laval, Viking, Ruffert and Luxemburg rulings have restricted the right to take action to prevent transnational contractors using cheap labour; and overruled national laws and agreements on pay and conditions. In all cases, the right to operate a profitable business across borders has been given priority over workers rights. Lisbon, and the Charter of Fundamental Rights, would not change this anti-worker tendency.
The European Trade Union Confederation (ETUC) believe that a social progress clause is necessary to stop further ECJ rulings which undermine the right to enforce collective agreements, including the right to take strike action.
The outcome of the Irish negotiations have been described by the General Secretary of the ETUC as intensely disappointing. He said “The outcome of the negotiations of the does not adequately address the needs of the workers in Europe or in Ireland”.
This is not surprising given the neo-liberal thrust of the Lisbon Treaty and its emphasis on the free movement of persons, good, services and capital. The Treaty commits us to an internal market where “competition is not distorted”. It also promotes the privatisation of public services and the same neo-liberal policies which have created the economic crisis. The disciplines imposed by the Stability and Growth Pact will lead to deep cuts in public services, as Colm McCarthy admits.
Some trade unionists have argued that putting the Charter of Fundamental Rights into Treaty law will enhance the rights of workers, particularly the right to bargain. We believe that the claims made for the Charter are not sustainable.
Firstly, there is nothing in the Charter of Fundamental Rights that would guarantee the right to trade union recognition. The rights in the Charter to collective bargaining and action are subject to national laws and practices. The right to collective bargaining would not apply in Ireland, given the absence of this right in Irish Legislation.
During the last referendum campaign SIPTU refused to endorse the Treaty until the government legislated for collective bargaining rights. The government have not done so. We are therefore calling on SIPTU to oppose the Treaty.
Secondly, and more fundamentally, the rights contained in the Charter are subject to limitations flowing from the rules of the single market. The Charter was taken into consideration by the judges of the ECJ in the Laval case. In this case the judges ruled that the trade unions’ collective action constituted a restriction on the freedom to provide services across the EU (Art 49).
It has been argued that giving the Charter legal force will ensure workers rights are given equal weight in decisions by the ECJ. Giving the Charter legal status will not override the right to provide cross-border services in the EU. This was made clear by Commissioner Wallstrom in October 2007 when she said that ECJ case law would not be “affected in any way by making the Charter legally binding”.
It is also clear in the rulings of the ECJ that the ‘principle of proportionality’ requires that the exercise of fundamental rights, including the right to strike, must not disrupt the right to do business across the borders of EU countries – one of the four freedoms guaranteed by the EU.
This is why the ETUC have called for an additional clause giving priority to workers rights. The Lisbon Treaty would prioritise the rights of business, facilitate outsourcing and accelerate the race to the bottom. It should be rejected by all those concerned about workers rights.
Further information and comment:
Brendan Young 085 713 1903 Eddie Conlon 087 677 5468
