2003 May 1st: CORI Justice Commission asks the Convention on the Future of Europe to make the elimination of poverty an objective of the EU.

The Social Agenda and the Next EU Treaty

Input to National Forum on Europe debate by Fr Sean Healy, s.m.a. CORI Justice Commission

1. If the European Union's social agenda is to be credible there are two key issues that should be included in any new EU Treaty. These are:

• The elimination of poverty should be made an objective of the Union.
• Social, economic and cultural rights should be made justiciable.

In this presentation I will address the 'why' and the 'how' of these two issues.

2. Since its inception the European project has focused principally on the economic dimension and given far less consideration and prominence to the Union's social aspects than was required.

3. It is important to acknowledge that there has been much progress on a range of social issues within the EU context.

4. However, the social dimension is very much the Cinderella component of the EU's activity. To see how true this is, all one has to do is contrast the vast array of directives etc. on economic issues with the dearth of such directives etc. on social issues. There are, for example, directives on issues as detailed as the presentation of duck eggs while there is nothing comparable concerning, for example, the need to ensure that every man, woman and child has sufficient income to live life with dignity.

5. This imbalance MUST be rectified if the EU is to maintain/regain/improve its credibility among the peoples of Europe who see the Union as ignoring many of the issues that are of major concern to them while paying detailed attention to economic development and the interests of business.

6. I welcome the publication of the report on Social Europe from Working Group XI of the Convention. While there are aspects of the report with which I disagree, it is refreshing to see that a revolt of the excluded (both inside and outside the Convention) led to the establishment of this Working Group and to the publication of this report.

7. The conclusions of the working group that the Union's objectives should be expanded to include issues such as social justice, sustainable development, social inclusion and so on, is most welcome. However, the elimination of poverty should also be included as an objective of the Union. Otherwise the EU will have very little credibility in its claims to represent and articulate the interests and concerns of its citizens.

8. A major issue for any new EU treaty is the issue of social, economic and cultural rights and their justiciability.

9. The inclusion of the Charter of Fundamental Rights in the Convention's draft text is very welcome. I welcome the Taoiseach's statement in a letter to the CORI Justice Commission that he would favour incorporation of the Charter into the Treaty.

10. It should be noted that the Charter is a flawed document that does not pay sufficient attention to the most fundamental cause of people's poverty i.e. their lack of sufficient income to live life with dignity. I believe that the EU needs to recognise, among others, seven basic rights that are of fundamental concern to people who are socially excluded and/or living in poverty. These are the rights to:

10.1. Sufficient income to live life with dignity.
10.2. Meaningful work.
10.3. Appropriate accommodation.
10.4. Relevant education.
10.5. Essential healthcare.
10.6. Cultural respect
10.7. Real participation.

Until these rights are incorporated into EU treaties the Union will continue to have a major credibility problem with a large proportion of its citizens.

11. The issue of justiciability of social, economic and cultural rights has been a major sticking point in progressing their recognition. The reasons for this resistance can be put under three main headings i.e.

• these rights are not to be seen in the same context as civil and political rights which are justiciable.
• there should not be a situation where a person can appeal to the Supreme Court, for example, if they do not have appropriate accommodation; and
• these issues should be addressed in the political and not the judicial arena.

I believe each of these objections can be overcome.

12. The issue of whether or not social, economic and cultural rights are on an equal footing with civil and political rights is an issue on which much has been written. There is not sufficient time to discuss the issue here today but I believe the question is a crucial one. Social, economic and cultural rights are human rights in the same way that civil and political rights are and they should be capable of being vindicated when they are not honoured by the Government of the day. I disagree with the Minister for Justice, Mr Michael McDowell, T.D., on this issue. I believe his articulated position is flawed and should not be acceptable as Government policy in any forward-looking democracy in the twenty-first century. I would be glad to engage in a discussion on that issue at an appropriate time.

13. Of greater urgency to today's agenda is to address the question: how can social, economic and cultural rights be made justiciable in a way that respects the political process and does not destroy the balance of power between the judicial and the governmental dimensions of society?

I suggest the following as a viable way forward that would respect concerns expressed particularly by politicians while also respecting people's rights. My proposal has a number of components.

• There would be a legal requirement on each incoming Government to set out concrete targets on each of a range of social, economic and cultural rights. The specific rights would be already set out in legislation and should cover the listing outlined above or some similar range of rights.
• The targets should be for specific periods of time e.g. two and four years (these would also be set out in the legislation).
• Failure to achieve these targets would be justiciable.

Let me outline an example. The present Government has already set a target (in the National Anti-Poverty Strategy) for the lowest social welfare payment for a single person to reach 30 per cent of gross average industrial earnings by 2007. To achieve this it has also agreed in the new national agreement, Sustaining Progress, to take the necessary steps during the coming three years to ensure this target is met by 2007. Consequently, if the Government is serious about the commitments it has already made it could set a two and four-year target for income adequacy that would satisfy my proposal as outlined already.

This proposal respects the political process and ensures it maintains it's primary role. However, it also ensures that a person's rights are respected if, for example, a Government decides deliberately to ignore them. It would have the additional benefit that General Elections would be fought in part at least on the basis of real proposals and commitments in areas that were of real concern to people. It would also ensure that politicians were more easily held accountable for the commitments they made.

Other issues arising from Working Group XI's report on Social Europe

I list these in a summary way, as I do not have time to address them in any detail.

14. On the Open Method of Co-ordination: Its inclusion in the Treaties would be a positive step towards improving the transparency and democratic character of the method. However, it should specify the need to involve civil society in its processes.

15. On the relationship between the co-ordination of economic and social policy: I strongly support the EAPN in its claim that the inclusion of all aspects of social policy to which the OMC is applied, alongside the Employment Guidelines and the Broad Economic Policy Guidelines, in the preparation for the Spring European Council, is vital, if we are to achieve a balanced European project.

16. On the issue of who/what constitutes a social partner: The role of employees' and employers' federations is stressed in the report and I welcome this. I also support the report's proposals that their role should be recognised, facilitated and enhanced in the Treaties. At the same time the report states that the role of civil society organisations should also be recognised in the Treaties and this would be a very welcome development. However, there are two issues of concern I wish to highlight:

• While recognising the specific contribution made by employees' and employers' organisations I do not accept that they should be the only recognised social partners. I acknowledge that there is a range of issues that are specific to their concerns and in which they are the appropriate bodies to be involved and recognised. However, I also believe there is a range of issues on which they are currently involved and consulted but which should also involve organised civil society. The Irish social partnership process provides a model for how this could be organised at a European level and I would strongly urge that this approach be followed.
• Not all social partners (in the Irish understanding) are provided with the resources (either from the EU or national level) to organise themselves on a trans-European basis even though they do have counterpart organisations in a range of EU member countries. To ensure fairness and to strengthen participation across the board there should be an acceptance of the need to recognise civil society organisations at both a national and EU level.

17. The recommendations contained in the working group report should be included in Part Two of the Constitutional Treaty so as to protect and give concrete expression to the values that will underpin the European Social Model.

18. I support the Working Group's recommendation that there should be a reference to social justice in the list of basic values in the European Union.

19. There should be a reference to equal treatment for all persons protected by the current Treaty Article 13.

20. An example of the failure to balance the economic and the social dimensions of the Union is clearly seen in the competencies currently conferred on the Union/Community in respect of social matters. These are listed in paragraphs 24 and 25 of the Working Group. Eleven areas are identified. Nine of these have to do with the situation of 'workers' meaning people in paid employment. The remaining two concern 'combating of social exclusion' and the 'modernisation of social protection systems'. At present, minimum requirements may be adopted only in the cases of the first nine, by means of a Directive. Yet we are urged to believe that social exclusion and related matters are of major concern to the Union. Clearly, the issues of people in paid employment are of major concern. But they should not be the only social issues addressed at this level of importance.

21. I strongly believe that the European Union will have serious credibility and legitimacy problems until it addresses the issue of Social Europe in a much more positive and comprehensive manner. I trust that any new Treaty or Constitution will give equal priority to the social and the economic dimensions of the Union.