Examination of Witnesses (Questions 300
- 316)
MONDAY 23 JULY 2007
Mr Marco Cilento
Q300 Lord Powell of Bayswater:
As you know, the Commission are carrying out a major review of
the Single Market and they are going to report in October or November.
Do you expect them to cover some of these social market issues
that you have been talking about? We talked to the Commission
this morning and I cannot say that these issues were reflected
in their description of what they will report on.
Mr Cilento: When we talk about the internal
market we try to focus on the social aspects because our core
business, our mission, is to try to bring the social aspects into
the internal market. We succeeded a lot in the 1990s when the
social partners, not only the unions, were able to write the Social
Chapter of the Treaty with their own hands. In the 1990s we had
a lot of promise but it was not enough, we think in the review
of the internal market there is still a lot to be done in the
social field to make it sustainable. In the last five years, let
us say in the new century, the Commission has not been dealing
with these social aspects and the Commission has said openly there
is no room for social regulation now. We see the effect of that
is that workers and citizens are further from the European institutions
than they have ever been in the past. Of course, there are many
ways to take care of the social aspects, not only by introducing
new legislation but introducing new policies. We are aware that
with this institutional setting, with this Treaty, with this number
of countries, it is very difficult to build something because
there are too many battles, it is too difficult to make policies,
and in the Parliament and the Council it is difficult to do everything
so it is easier not to do anything than building some policies.
This is one of the reasons why we are pessimistic on the capacity
of the European Union to produce effective or strong social policies
in reviewing the Single Market strategies.
Q301 Lord Powell of Bayswater:
Although you would like the Commission to do more on the social
dimension in the Single Market you are not expecting them to do
so?
Mr Cilento: We are not expecting that. The result
on the future of the new Treaty will be a key point and everything
could change with the new Treaty. Maybe the Commission is going
to do something in terms of helping Member States to deliver part
of their resources to some social aspects, for instance building
modern, new labour markets, investing more on the creation of
skills and the creation of new career opportunities, helping the
mobility of workers. These are things that can be done but the
role of the Commission will be more that of promoting and co-ordinating
and not managing real European policies.
Q302 Chairman: Could I just
ask you to develop a little further your last comment about the
potential under a new Treaty, that there might be better "protection"
or the introduction of measures to improve the social market.
In what ways do you think that might happen? The British press
speculated that the alleged removal of the words "free and
unfettered competition" from the text of the Treaty that
was not accepted, or was not introduced, the potential Treaty
that has been remitted to the Intergovernmental Council, might
protect employees within a particular country either through the
designation of national champions or the prevention of external
competition, removing people's jobs. When we had an evidence session
with the British Europe Minister and I put that question to him
the answer was that the removal of the words from the draft Treaty
and into a protocol implied that there was no substantive difference,
that the European Union still believed in free and open competition.
What is the view of your organisation towards international competition?
Mr Cilento: I am sorry, I did not want to interrupt
you. Which part of the Treaty has been removed that you are referring
to, I did not catch the words?
Q303 Chairman: Removed from
the former draft Treaty which was not proceeded with were the
words "free and unfettered competition". Those words
were put into a protocol.
Mr Cilento: This is a bit more complicated because
in terms of fair competition we are convinced that somehow the
European Union needs to have very clear refined points in the
Treaty in order to orientate the policies of the European institutions.
We think that fair competition will continue to be one of the
most important activities to guarantee that the market can really
work in a fair way, if I can say that, and will be one of the
strategic activities of the European Commission and it will continue
to be like that. We hope that some balances can be introduced
in the main rules of the European Treaty and in this way we are
aware that competition cannot be a dogma for all aspects of the
Single Market, it cannot be the principle we have to refer to
in all aspects of the Single Market. If the Treaty is built in
a way that can give opportunities to underline some aspects that
are more important than competition, where the social welfare
of the citizens must be protected, all of these aspects are welcome
if the Treaty is built in a way where these aspects will emerge.
For instance, we have always considered that some kinds of services
are too important to people, what we call the services of general
interest, and competition cannot be the way these services are
ruled, although there will be some exceptions. This is one chapter.
Another issue is that sometimes Member States look at governments'
needs for instruments to carry out their industrial policies and
they cannot use monetary policies any more specifically in the
European area, they cannot use the tax system because there are
very strong constraints, they need new tools to produce industrial
policy in order to attract business, in order to keep employment.
Today these policies are created on services that they can offer
to the companies that decide to establish their businesses. I
am referring to network services, energy, communication, transport
sometimes. We are aware that sometimes Member States, but not
only Member States even regions or other local government, want
to keep in their hands the way these services are managed. They
do not have to be the owner but they want to have a voice in how
these services are provided. We are convinced that in this case
competition rules cannot always be --- I do not know if that is
an answer to your question.
Q304 Chairman: That is a very
clear answer. For you, if it is to be assumed by the IGC, that
would have to manifest itself in some amendment of what was agreed
in Germany recently in June because, as I understand it and as
the Committee understands it, there is no qualification to the
concept of free and unfettered competition. One quite understands
the legitimacy of proper protection for a mobile workforce and
I wonder if I can ask you a question about that. You talked about
protection but can you give us some examples of where you see
a mobile workforce in a free internal market needing protection?
Is it working hours, social security, for example pensions, health,
and housing? I am talking about protection.
Mr Cilento: This is one of the biggest challenges
that Europe has in front of it because the social system is very
complicated and there are many items on the table. From time to
time we are obliged to deal with these issues when they arrive
on the table. For instance, with the Services Directive we had
to deal with the protection of employees in respecting the Country
of Origin Principle and it meant defending the collective bargaining
system in each country and the working conditions. This is one
of the main issues when we say social protection, in this case
to make sure that workers in the same workplace can enjoy the
same working conditions, or workers who are employed within a
200 metre space of one another can have the same protection system.
It is a system of respecting the rules of the countries where
they are employed or running their work. This is the first thing
to do to help people and workers to move to another country or
to exploit the opportunities coming from the Single Market. We
should get the pension systems closer in order to ensure that
the rights that have been gained in one country can be exported
to other countries, so if you move from one country to another,
spend ten years in one country and move to another country, you
can be sure of the pension you will receive. This is another big,
big problem. On social security it is very difficult to imagine
that countries can facilitate or support workers' mobility if
there are too many differences in the way they treat unemployed
people. It is very difficult to imagine that the system can continue
to have countries ensuring income for dismissed people at 90 per
cent of their salary for three years and countries where there
are no unemployment benefits. These are distortions that cannot
be sustainable in the future. This is just to give you an example
of how we consider it to be complicated to create a real labour
market in which there is a good degree of mobility of workers.
Q305 Lord Powell of Bayswater:
Would you then say the solution is levelling up to the highest
level?
Mr Cilento: Some policies should be done at
European level and all countries should be engaged in implementing
this developed protection in order to get the legislation and
protection closer in order to have fair competition.
Q306 Lord Powell of Bayswater:
How is that affordable financially in some of the poorer European
countries?
Mr Cilento: When the Commission talked about
flexicurity, for example, we criticised the fact that they always
talk about flexibility of work but they never give solutions on
how to find money for ensuring protection of employees. If they
are sincere in suggesting a flexicurity policy to deliver they
should be sincere enough or open enough to talk about own resources.
I cannot imagine that countries with large debts or weak economies
can really afford a flexicurity policy.
Q307 Baroness Eccles of Moulton:
I have got a few odd questions. You mentioned social dumping earlier
on, is it actually happening? Does it happen?
Mr Cilento: We see that every day.
Q308 Baroness Eccles of Moulton:
Could you give an example?
Mr Cilento: I had a negotiation with a multinational
company which was based in the UK and the company decided to close
down two factories in Italy and France, to move them to Eastern
Europe, even if the two factories were profitable just because,
thanks to the cost of the work in these Eastern European countries,
they could earn more than they earned in Italy and France. Why
is the work cheaper in Eastern European countries? Not only the
amounts paid for the salaries butit is difficult to saythey
are free not to respect certain rules in terms of collective agreements,
for instance, or they do not have any structure or organised workers
to negotiate with so they can do it on an individual basis instead
of a collective basis. This gives a big advantage to them. If
you consider the increase of real wages in the Eastern European
countries, they increase slower than in the other countries even
if the nominal value is increasing more than in the Western countries
and it makes the work in those countries more profitable.
Q309 Baroness Eccles of Moulton:
Is this a relatively new phenomenon since the membership grew,
since the EU got bigger? It is the new Member States that have
made this possible, is it?
Mr Cilento: No. The idea that we are supporting
is that it is possible to do it even moving factories and production
outside the European Union. The fact that the ten new Member States
have such different economic situations as a part of the European
Union make it easier but at least we now hope their situation
will improve.
Q310 Baroness Eccles of Moulton:
It is catch-up, is it not?
Mr Cilento: Absolutely. That is why we are supporting
the enlargement of the European Union but not under these conditions.
The enlargement caused a lot of problems but in economic terms
it makes it easier to locate the activities in business and we
hope that these countries will grow fast. We have had some good
experiences with the previous enlargements but the problem exists.
Q311 Baroness Eccles of Moulton:
Is this not something that in a way has to be lived with while
the economies of the new Member States catch up and it is not
something you can prevent while this improvement in the economic
state of the new Member States improves?
Mr Cilento: Could you say that again, please?
Q312 Baroness Eccles of Moulton:
This particular transfer from a Member State that has a higher
economic level to a new Member State that has a lower economic
level is something that cannot be prevented while the new Member
States are actually catching up and reaching a higher economic
level after which there is no advantage in doing it.
Mr Cilento: Indeed. When the situation is more
balanced the countries can compete on the quality of the workforce
they can provide and this is what we are looking for. We want
to oblige countries to invest in their own human resource infrastructure
but not to have competition in relation to lower conditions. We
consider companies have the need to have their facilities in Europe
because it is an important market and it is important to be here.
We do not believe that all of the production will move outside
Europe, there are some sectors which suffer from the globalised
market but many other sectors can survive in Europe. We want to
be sure that the Single Market can be well-balanced and perceived
by people as an opportunity for everybody, not to have a bad reaction
so that people reject the European project. In this game there
are only losers, no winners. If they can manage to have a short-term
return today exploiting big differences among different national
systems in the long-term then they are going to destroy this and
there is no value in that. That is why we consider that the Single
Market today needs stronger social dialogue.
Q313 Baroness Eccles of Moulton:
You said at the beginning in your introduction that there are
60 million members of the trades unions within the EU, more or
less. Obviously that includes the new members as well. Is it known
at all how those 60 million are distributed between the public
sectors and the private sectors across the Member States? Presumably
there will not be too many who are working in the informal sector
because then they would not really have access to trades union
membership, I would not imagine, but maybe one should include
the informal sector as well.
Mr Cilento: We have a mission to represent the
interests of all workers, members or non-members. In an organisation
like ETUC with democratic rules and such a large membership we
are not able to discriminate between individual situations. We
are aware of the dimension of the formal economy in Europe and
we consider the solution is to push countries to make this economy
emerge. As an Italian I can say this because a big part of our
economy is an undeclared economy and we know how difficult this
can be and it will be a big challenge. I am convinced in this
case that Europe can do a lot and the trades unions as part of
the social dialogue and with the capacity to promote social legislation
or social policy we can do a lot, as we have demonstrated in Italy.
We are not discriminating because we are not able to discriminate
between members and non-members, formal and informal, we are a
full legal situation where rights can be exploited.
Q314 Baroness Eccles of Moulton:
Are unemployment levels very uneven across the 27 Member States
or on the whole is pretty well everybody enjoying high employment
levels?
Mr Cilento: I would focus on the regions of
Europe. There are regions of Europe where there are very difficult
situations in terms of employment. We have regions with full employment
and regions with 50 per cent unemployment. This is one of the
reasons why I was saying it is very difficult to talk about fostering
the internal market, renewing the Single Market, without considering
different social situations in different areas of Europe. If we
really want to have an effective and more integrated Single Market
we should deal with this aspect otherwise the project will not
work. We are aware of these differences.
Q315 Lord Whitty: I understand
what you are saying about the pressures on employment standards
that have taken place over the last few years across Europe, but
do you think that much of this is primarilythis partly
goes to Lady Eccles' first questionbecause of the lack
of effective social provision at European level or in the enforcement
of it? Does it not reflect more the internal pressure of having
enlargement with a low paid, relatively unprotected workforce
in the accession countries internally and then externally the
pressure of globalisation? Is that not what has undermined what
up until the mid-1990s was pressure for better protection standards
for European workers? In other words, it is an economic problem,
not a legislative problem.
Mr Cilento: It is not only an economic problem.
I do not consider this is the result of an economic process that
cannot be avoided. If we decide that companies must compete on
certain aspects of their activities they will do it, but we should
be able to exclude some items from the competition, for instance
labour and some of the social aspects, and not only workers' protection
but also consumer protection. We consider that some aspects are
not part of the competition: health and safety, health protection
of consumers and certain other aspects. We decided that on these
issues there is no competition. We are not to be swayed by the
economic processes but to have a grip on the economic processes.
The results that some countries have had in terms of competitiveness
and keeping their social systems demonstrate that this is possible.
It is possible to follow the economic processes connected to globalisation
and stronger competition while keeping the social equation. Keeping
the social equation means having stronger companies because in
many, many countries when people work in companies they are very
motivated, they are very close to the company and that means they
are able to keep up with demands in certain periods. This has
created a situation which is more creative and is oriented to
the competition, to the system not only the single company.
Q316 Lord Whitty: I suppose
what I am trying to say is the reason labour standards and social
standards have been undermined is because of an excess of labour
supply. This is true whether it is in China or making goods which
previously were produced in Europe or internally with an increase
in the number of workers available from Eastern Europe. It seems
to me that you are putting too much weight, in other words, on
the lack of formal social protection, or advances in formal social
protection, and not enough on the external crude, if you like,
economic pressures on the labour market.
Mr Cilento: You mean there are too many potential
workers. For me it is the effectiveness of the labour market.
Today the labour market is not as effective as it could be. I
see the capacity of the business to exploit the opportunities
of the markets in Europe but also the global market to be higher
than the capacity of workers to benefit from this. I do not think
this is a question of quantity of people in the labour market
or pressure from the other side of the world, but it is how we
organise the labour market. The capacity of the workers to exploit
the opportunities of the labour market is not well-developed today
because they do not feel able to change work, they do not feel
they have the resources to be mobile or to be proactive in the
labour market, they do not have the hope that they will improve
their positions. For instance, for one company it is very easy
to analyse the situations in other regions of Europe or of the
world, to assess the benefits and costs of localisation, and they
have resources to do that, but for workers it is very difficult
to say what the future will be if they go to another place or
change job. If we do not invest in increasing this capacity for
people to exploit the opportunities in the market it is very difficult
to measure whether this system can work.
Chairman: That is extremely helpful.
I am afraid we have run out of time, we must return by train.
Thank you very much indeed for very clear and comprehensive answers
to our questions and, frankly, for making us think about the different
dimensions of this issue of improving the internal market. Thank
you very much indeed.
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