Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. With reference to its previous comments, the Committee notes the Government's report and its reply to the comments submitted by the Trades Union Congress (TUC) on the application of the Convention.

2. In a communication dated 4 January 1989, the TUC alleged in substance, firstly, the lack of effective consultation (on the part of the Government) regarding the denunciation of Conventions and, secondly, the failure to hold consultations on the proposals that were adopted, through European Community procedures, for the conduct of negotiations about issues arising in draft ILO instruments.

3. With regard to the first question concerning consultation on proposals for the denunciation of ratified Conventions and the allegation that the Government did not take into consideration the views and proposals made by the TUC, the Committee notes the information supplied by the Government, which confirms that noted previously by the Committee concerning the application of Article 5, paragraph 1(e) of the Convention. The Committee can only therefore refer, once again, to its previous comments and to its 1982 General Survey (concerning Convention No. 144 and Recommendation No. 152) in which it observed (paragraph 42) that the views expressed in the course of consultations are not a form of participation in decision-making but simply one stage in the process of reaching a decision.

4. With regard to the second question, the TUC denounced the lack of prior consultation when the December 1986 Decision was taken by the Council of Ministers of the Community concerning the adoption of rules for the conduct of negotiations on draft ILO instruments in matters in which the Community has exclusive competence. According to the TUC, the lack of consultations with the TUC and the CBI (Confederation of British Industry) on the implications of this Decision and possible developments, which raise questions and concerns, is a violation of Convention No. 144. The Convention requires that consultations on standards should be held at the national level, and the main concern of the TUC is that effective consultations should be ensured with national employers' and workers' organisations at all the stages of the formulation and implementation of standards. In its reply, the Government, after referring to the confidentiality of negotiations as justifying the absence of prior consultation, notes that the December 1986 Decision clearly establishes that member States will have to comply fully with the provisions of Convention No. 144.

5. Indeed, the Committee notes that under the terms of the above Decision, the Council and the Commission agreed that in the event of the Community having exclusive competence the preparation of standards should proceed "with due regard for Convention No. 144 and for the autonomy of both sides of industry". It also notes that in a later decision of 30 December 1989 (concerning the negotiations for the International Labour Conference on safety in the use of chemicals at work), the Council agreed to re-examine the Decision of 22 December 1986, with a view to supplementing it, if need be, by the addition of provisions designed to prevent difficulties arising from the ILO's Constitution or practices. Furthermore, the Committee notes the information supplied by the Government in its report concerning the Government's replies and comments on the proposed texts relating to items on the agenda of the 76th Session of the Conference, in accordance with Article 5, paragraph 1(a) of the Convention, and on each of the questions raised in paragraph 1. However, the Committee notes the concerns expressed by the TUC as regards the implications of the 1986 Decision and the questions that it raises. Although the decision-making procedures of the Community are clearly outside the scope of the Convention, national organisations of employers and workers are justified in ensuring that these decisions do not have an unfavourable impact on the effectiveness of the implementation of the obligations to which the States in question have subscribed under this Convention. The Committee trusts in this connection that the will expressed by the Council of Ministers and the Commission of the Community to ensure "full respect" for the Convention means that "effective" consultations will continue to be held at the national level, in accordance with the provisions of Articles 2 and 5 of the Convention.