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Ireland’s Response to the

European Commission Consultation on the proposed European Pillar of Social Rights

November 2016

Contents Part A .......................................................................................................................................... 1

Introduction ........................................................................................................................................ 1

The context of the EU Pillar of Social Rights ....................................................................................... 1

Ireland and Social Rights ..................................................................................................................... 2

Envisioning a Pillar of Social Rights ..................................................................................................... 3

Conclusion ........................................................................................................................................... 5

Part B - Equal Opportunities and Access to Labour Market ...................................................... 6

1. Skills, Education and Life-long Learning ...................................................................................... 6

2. Flexible and Secure Labour Contracts ......................................................................................... 7

3. Secure Professional Transitions .................................................................................................. 8

4. Active Support for Employment ................................................................................................. 9

5. Gender Equality and Work-life Balance .................................................................................... 10

6. Equal Opportunities .................................................................................................................. 11

Part C - Fair Working Conditions .............................................................................................. 12

7. Conditions of Employment ....................................................................................................... 12

8. Wages ........................................................................................................................................ 13

9. Health and Safety at Work ........................................................................................................ 14

Part D - Adequate and Sustainable Social Protection .............................................................. 16

10. Social Dialogue and Involvement of Workers ....................................................................... 16

11. Integrated Social Benefits and Services ................................................................................ 17

12. Health Care and Sickness Benefits ........................................................................................ 18

13. Pensions ................................................................................................................................ 19

14. Unemployment Benefits ....................................................................................................... 21

15. Minimum Income .................................................................................................................. 22

16. Disability Benefits.................................................................................................................. 23

17. Long-term Care ..................................................................................................................... 24

18. Childcare ............................................................................................................................... 25

19. Housing ................................................................................................................................. 27

20. Access to Essential Services .................................................................................................. 28

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Part A

Introduction

Ireland views the EU Pillar of Social Rights, as proposed by the European Commission, as an

opportunity to examine and re-evaluate the current social and employment EU acquis while

looking ahead to the regulatory frameworks we will need for the future world of work.

Combining the disparate but linked principles of social and employment policy is not an easy

undertaking, but we recognise that the Commission has endeavoured to sketch out a

comprehensive package of principles to bring a strategic focus to the task.

Following a prolonged recession both in Ireland and throughout the European Union,

Member States still face unemployment rates above historical averages and lingering

inequalities. While appropriate macro-economic policies favouring a high level of economic

activity continue to be the best antidote to high unemployment, it remains incumbent upon

governments to address the social challenges with innovative policies.

A social dimension has always been a key element of the European project, beginning with

the Treaty of Rome’s commitment to “promote improved working conditions and an

improved standard of living for workers.”1

The context of the EU Pillar of Social Rights

Discussions on the EU Pillar of Social Rights are not taking place in a vacuum. The social

rights under the proposed Pillar are subject to numerous policies and legal commitments at

national, European and international levels.

Historically, the Council of Europe, in particular, has been active in advancing social rights

through multilateral agreements. The outline of the EU Pillar of Social Rights has strong

echoes of the Council of Europe’s European Social Charter (1961) and the Revised European

Social Charter (1996). The European Social Charter’s approach of general and fundamental

rights as medium term objectives makes them accessible and achievable goals. Ireland was

one of the first States to ratify the Council of Europe’s European Social Charter in 1964, even

prior to our accession to the EEC and we renewed our commitment in 2000 with ratification

of the Revised European Social Charter.

1 Article 117, Treaty of Rome

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While the European Social Charter has not been uniformly adopted by all EU Member

States, the EU Charter of Fundamental Rights (2000, incorporated into EU law in 2009) has

advanced this consistent approach to respecting social rights.

The dialogue surrounding the development of an EU Pillar of Social Rights must clarify the

relationship of the Social Pillar with existing EU initiatives and strategies, such as Europe

2020 and the European Employment Strategy. The Pillar of Social Rights should also take into

account the EU’s implementation of the United Nations’ Sustainable Development Goals

(SDGs) as they relate to social and employment policies.

The commitment in Europe 2020 to “transform the open method of coordination on social

exclusion and social protection into a platform for cooperation, peer-review and exchange of

good practice”2 is still of relevance. A key aspect of Europe 2020 is the European

Employment Strategy, with its established system of benchmarking, national reform

programmes and country specific recommendations as part of the Semester Process. The

Commission will need to demonstrate how a Pillar of Social Rights will avoid duplicating

these processes and will integrate itself into this overall growth framework.

The European Pillar of Social Rights emerged as one element of the Five Presidents’ Report

on the Future of Economic and Monetary Union published in June 2015. It is important that

further proposed developments on this are in line with other proposals that are expected to

be set out in the forthcoming Commission White Paper (expected in Spring 2017). There will

be significant debate around the direction and pace of any agreed reforms when it is

published. Further developments in the European Pillar of Social Rights should not take

place in a policy vacuum, as there is no guarantee about the pace or implementation of

further agreed actions on EMU at EU level.

Ireland and Social Rights

At national level, Ireland has a constitutional duty to “strive to promote the welfare of the

whole people by securing and protecting as effectively as it may a social order in which

justice and charity shall inform all the institutions of the national life.”3 In practice, social

rights in Ireland evolved steadily as Irish society modernised and Ireland deepened its

participation in European and international fora.

2 Communication from the Commission, Europe 2020: A strategy for smart sustainable and inclusive growth.

COM 2010 2020 FINAL 3 Article 45.1, Constitution of Ireland

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Ireland’s EU membership has also enhanced social rights in Ireland. Our accession to the EEC

in 1973 enabled Irish citizens to benefit almost immediately from key basic social advances

such as paid maternity leave and equal pay.

That accession was spurred by the accompanying accession of our main neighbour and

trading partner, the United Kingdom. With the UK’s departure from the European Union now

envisaged, considerable uncertainty has been introduced into this vital Irish relationship. An

element of caution is warranted as Ireland awaits the evolution of a new relationship with

the UK and the potential competitiveness impacts of changes in social and employment

policies in that State.

In May 2016, a new Irish Government took office under the Programme for a Partnership

Government. This programme includes the broad theme of “Creating a Social Economy” with

its commitment that “higher levels of public investment in social and economic

infrastructure, skills, childcare, and community empowerment are needed for more

inclusive, fairer and sustainable patterns of economic growth”. Within this Programme for

Government most of the principles raised in the Commission’s First Preliminary Outline of a

European Pillar of Social Rights are addressed. In this way, Ireland is already engaged and

receptive to the Commission’s initiative and its goal of a fairer and more just Social Europe.

The Irish Government has consulted 179 Irish-based stakeholders on the EU Pillar of Social

Rights. Within Government, some thirteen Departments contributed to this response to the

European Commission.

Envisioning a Pillar of Social Rights

The European Commission faces several challenges in transforming an outline of a Pillar of

Social Rights into a reality.

Ireland would firmly be of the view that there are not, nor should there be, any social rights

peculiar to the Euro Area alone that do not apply to the European Union as a whole.

Notwithstanding the need for greater social convergence in the Euro Area, the concept of

creating or enforcing social rights in some EU Member States and not in others is fraught

with difficulties and contrary to the spirit of the Treaties and the EU Charter of Fundamental

Rights.

Applying social rights to just the Euro Area could also be problematic in practice, with legal,

political and financial obstacles to overcome. Many of the Social Pillar principles are already

engrained in EU law or integrated into existing EU polices, some of which are financed by the

EU budget. Creating a “two-tier” social policy framework within the EU whereby workers

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and the more vulnerable in our societies are consciously governed by different guiding

principles could be a retrograde step for social rights in the European Union.

While the implementation of individual EU policies typically requires impact assessments to

be undertaken by the Commission, the EU Pillar of Social Rights raises broader questions.

The European Commission’s vision of a Pillar of Social Rights will necessitate significant extra

financial resources. Though there have been suggestions that the European Social Fund be

redirected to, for example, furthering the goals of Country Specific Recommendations (CSRs)

under the European Semester process, many of the policy levers for the twenty principles of

the Social Pillar remain the prerogative of Member States and may entail significant extra

Member State expenditure.

Given the fragmented legal basis of the various principles outlined in the Pillar of Social

Rights consultation, implementation will not be straightforward. While respecting the

principles of subsidiarity and the limits of EU competencies, the Commission, working with

the Member States, will need to adopt a highly differentiated approach to implementation

using a variety of “soft law” options such as the Open Method of Coordination, guidelines,

benchmarking, peer-review, etc. where no “hard law” competency exists. However, Ireland

would not support the use of, for example, CSRs, to press for the implementation of Social

Pillar principles within Member State competence. These instruments are already

extensively used for social policy convergence at EU level. Ireland would welcome any moves

by the Commission to rationalise these instruments in furtherance of an EU Pillar of Social

Rights.

Ireland's examination of the twenty Social Pillar principles has identified three broad

categories of principles.

Firstly, several of the principles focus on well-established areas of EU cooperation. In areas

such as, for example, social dialogue, health and safety and equal opportunities, the EU

already has a long and laudable record of progress and their inclusion in the Social Pillar is

welcome.

Secondly, the Commission has included principles which, while their inclusion is welcomed

by Ireland, include ambiguities, excessive detail or stray beyond EU competencies. Principles

such as Skills, Education and Life-long Learning and Conditions of Employment are examples

of this. This is not assisted by the use of equivocal definitions in the principles and

uncertainty over the Commission's ultimate policy direction. Ireland is confident that the

Commission can clarify and refocus these principles as the Pillar is progressed.

Thirdly, the Commission has chosen to include areas firmly under national competence.

While these areas are of critical importance to citizens and reflect the Commission’s

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ambitious reach for the EU Pillar of Social Rights, the EU Treaties have designated these as

exclusive national responsibilities. These principles are listed primarily (but not exclusively)

under the category of “Adequate and Sustainable Social Protection”, with specific

sensitivities surrounding any Commission influence over the types and rates of social

benefits and the structures of national healthcare systems.

While the aims of the general principles themselves are more often than not admirable, the

Treaties have firmly placed these principles under national competency and the Commission

will continue to be severely constrained in its influence in these areas.

Ireland's concerns regarding aspects of some principles is exacerbated by the absence of any

consideration by the Commission of the financial burden involved in implementing many of

these principles. In the era of binding stringent fiscal rules within the Euro Area enforced by

the Commission, Ireland would invite the Commission to take a more holistic view of the

impacts (financial and otherwise) of implementing the principles of an EU Pillar of Social

Rights.

Conclusion

The highly complex inter-relationship between the EU and Member States is likely to

continue in the area of social policy in the absence of substantial Treaty revisions. Member

States, while anxious to preserve and enhance social rights, are also committed to enhancing

competitiveness in a recovering Euro Area and in an uncertain global outlook. The

Commission faces a complicated task ahead in working with Member States to retain that

balanced approach and, at the same time, maintain policy coherence.

Ireland welcomes the opportunity provided by the European Commission to discuss and

examine the direction of EU social policy at a critical time both for the European Union and

social and employment policies in an evolving labour market.

In addition to the number of overarching comments Ireland has made above, we consider it

important that the EU Pillar of Social Rights should be consistently expressed as a set of

principles at a high level while leaving matters of detail and modes of achievement to be

determined by means of EU ‘hard’ or ‘soft’ law instruments or to Member States as

competence dictates. The Social Pillar principles need to be clearly outlined to ensure all

Member States can fully understand the intention and objective of each policy principle. This

is reflected in some areas of the first draft but not in others.

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Part B - Equal Opportunities and Access to Labour Market

1. Skills, Education and Life-long Learning

All persons shall have access to quality education and training throughout the life course to acquire an adequate level of basic skills and key competences for active participation in society and employment. Low skilled young people and working age adults shall be encouraged to up-grade their skills.

Ireland supports the principle that all persons should have access to quality education and

training throughout life to acquire an adequate level of skills and key competences for active

participation in society and the labour market. Ireland agrees that low-skilled young people

and working age adults should be encouraged to up-grade their skills. Ireland supports the

high level setting of this draft principle, leaving to both EU and national competencies the

means to achieve its aims.

Notwithstanding our support for this broad principle, Ireland has concerns on how such a

right might be implemented. Similar concerns have recently been raised by Ireland in

relation to the European Skills Agenda – in particular, clarity was sought by Ireland with

regards to the implementation of the proposed Skills Guarantee – given the lack of

additional funding and the large and complex cohort being targeted.

In a similar fashion, Ireland would also like to seek clarification from the Commission

regarding the financing of this principle and how the Commission proposes to address the

complexity and overlap of this principle with existing national measures and national

resources and circumstances.

At national level, Ireland has made significant progress towards addressing the issue of adult

education and skills provision, through the consolidation and transformation of the Further

Education and Training sector and the ongoing implementation of the 5-year 2014 Further

Education and Training Strategy.

Furthermore, Ireland has developed a set of plans and strategies to build on that progress

and will continue to address the skills agenda, most notably through the implementation of

the National Skills Strategy 2025 and the Action Plan for Education 2016-2019.

Under Ireland’s new National Skills Strategy, the establishment of the Regional Skills Fora will

enhance the existing engagement between employers and education providers and facilitate

employers in having their say in what skills mix will best serve their region into the future. At

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a national level, the new National Skills Council will utilise intelligence on skills requirements

to proactively address emerging skills gaps.

2. Flexible and Secure Labour Contracts

a. Equal treatment shall be ensured, regardless of employment contract, unless

different treatment is justified on objective grounds. Misuse or abuse of precarious and non-permanent employment relationships shall be prevented.

b. Flexibility in the conditions of employment can offer a gateway to the labour

market and maintain employers' ability to swiftly respond to shifts in demand; however, the transition towards open-ended contracts shall be ensured.

Ireland broadly endorses the Commission’s principle of flexible and secure labour contracts.

The Commission has accurately reflected the key challenge of trying to strike the right

balance between flexibility and security faced when seeking to ensure that employment

rights legislation remains up to date and appropriate to the ever evolving world of work.

However, the complexities of today’s constantly evolving world of work requires an

approach which, in recognition of the exponential pace of change inherent in this challenge,

focusses on core principles to be safeguarded when undertaking action in this policy field.

In this regard Ireland notes that the Commission refers to the need to strike a balance

between the need for flexibility, whilst ensuring there is no abuse of what the consultation

document terms “precarious and non-permanent” employment relationships. The terms

“precarious” and “non-standard” are not interchangeable in every employment situation. An

important distinction must be made in this regard. The key distinguishing feature lies in the

protection of vulnerable workers who may not feel in a position to object to certain

arrangements.

The Commission Communication on the Social Pillar correctly identifies that while workers

have an interest in job and income security they also wish to be flexible and adaptable so as

to be in a position to take up new challenges during their careers. In addressing the need for

flexible and secure labour contracts, in the context of non-standard forms of employment,

the focus should be on the protection of vulnerable workers who, as referred to above, may

not feel that they can object to certain arrangements.

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Such an approach would implicitly recognise that some workers may prefer the flexibility

offered by such arrangements while striking a balance with the need to ensure workers’

rights are not eroded. Furthermore, a link will have to be made with the issue of adequate

and sustainable social protection as the move to flexible and secure labour contracts will

require a corresponding shift in the social protection framework.

3. Secure Professional Transitions

a. All working age persons shall have access to individualised job-search assistance and be encouraged to take up training and up-skilling in order to improve their labour market or entrepreneurial prospects and faster job and professional transitions. b. The preservation and portability of social and training entitlements accumulated during the career shall be ensured to facilitate job and professional transitions.

Ireland is of the opinion that, while elements of the principle on securing professional

transitions are valid, the principle does not consider the key and central role of macro-

economic factors, such as overall high labour market demand and economic growth, for

creating job opportunities in the first place. These key factors facilitate improved labour

market and entrepreneurial prospects and promote faster job/professional transitions.

As a result, the principle is insufficiently described, being focused entirely on micro-level

issues. The “right” is even more narrowly focussed on job-search assistance, ignoring other

elements of the principle.

However, the Commission intends to apply this narrow “right” too widely “to all working age

persons”. Providing such services on an extended basis through the Public Employment

Services (PES) would stretch existing resources and incur significant costs, without a clear

understanding of the benefits of such efforts. Accordingly, delivering these services to the

unemployed must take priority over extending them to those already in employment.

Ireland would welcome greater clarity from the Commission on how it envisages the

“portability of social and training entitlements”.

Ireland, through its Pathways to Work strategies, has, since 2012, radically reorganised how

the State engages with jobseekers, implementing Public Employment Services best practices

and establishing a one-stop shop – Intreo – for an integrated approach to addressing

jobseekers’ needs.

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4. Active Support for Employment

a. All people under the age of 25 years shall receive a good-quality offer of employment, continued education, an apprenticeship or a traineeship within a period of four months of becoming unemployed or leaving formal education.

b. It shall be equally ensured that registered long term unemployed persons are

offered in depth individual assessments and guidance and a job integration agreement comprising an individual service offer and the identification of a single point of contact at the very latest when they reach 18 months of unemployment.

While Ireland can support elements of this principle, the greatest single challenge facing the

young unemployed and the long-term unemployed is the high overall level of

unemployment caused by an unfavourable macro-economic climate and the resulting low

labour demand. There is a need to consider macro-economic policy changes to improve

labour market demand and promote economic growth.

As such, the principles and proposed initiatives to address the principle are insufficient,

being focused on micro-level, individual actions. Although they may improve individuals’

situations, they will not lead to improved overall employment outcomes in the absence of a

consideration of macro-economic factors.

Even at the level of policies aimed at individuals, there is a need to broaden the focus

beyond a narrow concentration on job-search assistance to include other interventions that

might be of equal or greater impact (recruitment subsidies, subsidised work-experience

programmes, temporary employment schemes, financial support for unemployed in setting

up in self-employment, reform of unemployment benefits, etc.).

It would be important (here and in other parts of the EU Pillar of Social Rights) to identify

the targets as policy objectives rather than as “rights”. For example, initial experience of the

Youth Guarantee across the European Union is that the practical delivery of quality offers,

within a specific time-frame, is not feasible when youth (and overall) unemployment is at

current levels in many Member States. Identifying as a “right” something that cannot be

delivered will tend to bring the whole concept of rights into disrepute.

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5. Gender Equality and Work-life Balance

a. Gender equality in the labour market and education shall be fostered, ensuring

equal treatment in all areas, including pay, and addressing barriers to women's participation and preventing occupational segregation.

b. All parents and people with caring responsibilities shall have access to adequate

leave arrangements for children and other dependent relatives, and access to care services. An equal use of leave arrangements between sexes shall be encouraged, through measures such as the provision of remunerated leave for parents, both men and women.

c. In agreement between employers and workers, flexible working arrangements

including in the area of working time shall be made available and encouraged, taking into account both workers and employers' needs.

Ireland supports the Commission’s social principle on gender equality expressed in (a) above

and notes it reflects current policy in Ireland. Ireland will continue to support the

advancement of gender equality at EU level.

In Ireland, the Employment Equality Acts 1998–2015 outlaw discrimination at work

including recruitment and promotion; equal pay; working conditions; training or experience;

dismissal and harassment including sexual harassment.

Ireland recognises the challenges regarding carers’ responsibilities as set out in (b) and is

committed to improving family leave entitlements to all parents and not just mothers.

However, Ireland looks forward to clarity from the Commission on the extent of the proposal

and what will fall under the scope of “care services”, and suggests that future wording

should clarify that leave arrangements and access to care services applies to adults providing

unpaid care, not universal application to “all parents and people”. Ireland supports family-

friendly policies through laws on maternity leave, adoptive leave, carer’s leave, parental

leave and paternity leave. Ireland’s latest initiative in this area saw the introduction of

paternity benefits in September 2016.

Ireland plans additional steps to increase parental leave significantly in the first year of a

child’s life over the next five years.

Ireland supports the principle (c) relating to flexible working arrangements and agrees that

flexibility can assist entry into the labour market when set within a framework where

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exploitation of workers is avoided and where employment contract terms and conditions

protect employees.

The Irish experience to date shows that work-life balance arrangements can contribute to an

organisation's competitive advantage and help secure the organisation even in changing

economic circumstances.

It is clear that the one of the key challenges inherent in the new forms of work referenced

throughout the Social Pillar is the need to develop flexible working arrangements which

strike a balance between the needs of workers and employers. Progress in this area should

reflect and take account of changes in the workplace, particularly in relation to the concept

of working time. In this respect, it is important that regulation remains fit for purpose and

avoids unintended consequences. Input from employers and workers will be important in

developing appropriate policy responses in this area.

6. Equal Opportunities

Labour market participation of under-represented groups shall be enhanced, ensuring equal treatment in all areas, including by raising awareness and addressing discrimination.

Ireland supports the principle of equal opportunities as set out in the draft Pillar. Whilst

supportive of the commitment to improve labour market participation, particularly of third

country nationals and ethnic minorities, Ireland would like to see the Commission place

greater emphasis on the increased employment of persons with disabilities. Raising

awareness with employers and ensuring that people who may be discriminated against are

educated of their rights is perhaps a preferable approach, in the first instance, to penalties

and punishment.

Ireland notes the strong role the Commission has traditionally played in proposing broad

legal provisions outlawing discrimination in the labour force. In addition to implementing

and enforcing EU provisions, Ireland, in common with other Member States, has

supplemented these provisions with strategies tailored to nation-specific challenges. The

EU’s 2016 Employment Guidelines reinforce this approach, calling on Member States to put

in place effective anti-discrimination measures.

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In Ireland, an example of this is the Comprehensive Employment Strategy for People with

Disabilities launched in October 2015. The strategy requires a cross-Government approach

that brings together actions by different Departments and State Agencies in a concerted

effort to address the barriers and challenges that impact on employment of people with

disabilities.

Part C - Fair Working Conditions

7. Conditions of Employment

a. Every worker shall be informed in written form prior to the start of employment on the rights and obligations derived from the employment relationship.

b. If there is a probation period, the probation period shall be of a reasonable duration; prior to its start, workers shall receive information on its conditions.

c. Dismissal of a worker is to be motivated, preceded by a reasonable period of notice, and there shall be an adequate compensation attached to it as well as access to rapid and effective appeal to an impartial dispute resolution system.

This draft principle contrasts with other parts of the Pillar document in that the level it is

pitched at is micro-detail. Ireland would prefer a higher level, principled approach to the

issue of Conditions of Employment, maintaining consistency with the majority of Social Pillar

principles expressed throughout the Commission’s Preliminary Outline. The proposed

detailed changes with their legislative implications are not appropriate to a Pillar of

principles document. A high level principle aimed at maintaining the quality of employment

in the context of changing employment models would be preferable.

The Commission Communication rightly recognises that new forms of flexible work require

renewed scrutiny on conditions of work. These forms of work are developing in response to

changes in the world of work with particular reference to digitalisation, the transnational

and mobile nature of work.

The scale and multifaceted nature of this challenge requires, in the first instance, broad

overarching initiatives to enable further scoping of the challenge before commencing on a

detailed legislative programme of the type outlined in the draft Social Pillar. For example,

there would be merit in an initiative to facilitate sharing of best practice between Member

States. Furthermore, proposed initiatives to address the challenge must have regard to the

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differentiated nature of labour markets across the EU28. The detailed, narrow approach

outlined in the Commission’s Preliminary Outline does not provide flexibility in this regard.

The starting point should be higher level goals aimed at, for example, improving the

transparency and clarity of the terms and conditions of employment in a changing world of

work.

8. Wages

All employment shall be fairly remunerated, enabling a decent standard of living. Minimum wages shall be set through a transparent and predictable mechanism in a way that safeguards access to employment and the motivation to seek work. Wages shall evolve in line with productivity developments, in consultation with the social partners and in accordance with national practices.

Ireland welcomes the principle set out by the Commission in relation to ‘Wages’ and the

approach outlined for a mechanism by which minimum wages should be set.

Notwithstanding this, any approach going forward must take into account that factors other

than the level of a minimum wage are significant contributors to living standards such as:-

family circumstances, the interaction of individual earnings with overall household income

and State-provided supports such as Child Benefit, Family Income Supplement as well as

supports available in relation to housing, education and health. These all contribute to an

individual’s standard of living.

The setting of a national minimum wage should be seen as setting a base level of pay to

prevent the exploitation of workers rather than a mechanism to tackle the incidence of in-

work poverty; this is too simplistic an approach. The protection of employment and

maintaining competitiveness are also critical considerations. The predictable evolution of

wages has positive benefits for both employers and employees, however, its evolution,

should not be connected to national productivity growth, as sectors with low-paid workers

often have low productivity growth. Such an approach has the risk of pricing low-paid

workers out of jobs in certain sectors.

Ireland is of the view that the setting of a national minimum wage is, by its nature, a

national rather than an EU competency. Currently, 22 EU Member States have set national

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minimum wages levels which are set at different levels reflecting national economic

situations and circumstances.

Ireland’s approach has been to establish a Low Pay Commission which is an independent

statutory body tasked with recommending changes to the relevant Minister regarding the

national minimum wage. This independent approach is considered to be best practice.

9. Health and Safety at Work

An adequate level of protection from all risks that may arise at work, with due support for implementation, notable in micro and small enterprises, shall be ensured.

Ireland supports the Commission's Social Pillar principle on health and safety.

Ireland believes that the EU-wide Occupational Safety and Health (OSH) legislative

framework is crucial to ensuring an adequate level of protection for workers and for creating

a level playing-field for all companies regardless of their size, location or sector of activity.

High quality jobs that offer safe and healthy working conditions are essential for people to

be able to work longer and are an important element in helping to ensure that the

employment targets in the Europe 2020 Strategy are met.

Given the variety of situations on the ground in terms of company size and diversity of the

workforce, and the need to design targeted and effective policy measures, the inclusion of

OSH principles within the European Social Pillar provides an opportunity to strengthen the

focus on developing non-legislative tools that can make a significant difference on the

ground. These include benchmarking, identifying and exchanging good practices, awareness-

raising, setting voluntary norms and user-friendly IT tools.

In most cases, the scope and effectiveness of OSH management remains a particular

challenge for micro and small enterprises. Smaller establishments still tend to show lower

levels of compliance with national and EU rules, and report fewer OSH management

measures as compared with large establishments. Simpler, more efficient solutions need to

be put in place to take into account the situation of micro and small enterprises.

This requires not only simplifying legislation where appropriate, but also the provision of

tailored guidance and support to micro and small enterprises to facilitate risk assessment.

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Decision-makers need to have an accurate and comprehensive picture of OSH risks, their

health effects, and how they can be prevented and managed.

More consistent data-recording systems are required and national and EU statistics experts

should intensify efforts to improve data collection and develop common approaches in order

to identify and measure the risks to workers' health, while taking due account of the

corresponding administrative costs for businesses and national administrations.

Ireland considers that the inclusion of OSH principles within the European Social Pillar will

enable the Commission to build upon the results of the ex-post evaluation of the EU OSH

acquis and of its assessment of the mid-term outcome from the implementation of the EU

Strategic Framework on Health and Safety at Work 2014-2020.

The identification of good practices and the development of effective mechanisms to

support, coordinate and encourage mutual learning between EU Member States in interests

of promoting better working conditions and the improvement of the working environment

to protect workers' health and safety, could be given a positive impetus by the inclusion of

OSH principles in the Social Pillar by making use of existing fora and with the full

involvement of the EU institutions and all relevant stakeholders.

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Part D - Adequate and Sustainable Social Protection

10. Social Dialogue and Involvement of Workers

a. Social partners shall be consulted in the design and implementation of employment

and social policies. They shall be encouraged to develop collective agreements in

matters relevant to them, respecting national traditions, their autonomy and right to

collective action.

b. Information and consultation shall be ensured for all workers, including those working digitally and/or operating across borders, or their representatives in good time, in particular in the case of collective redundancies, transfer, restructuring and merger of undertakings.

Ireland agrees with the Commission that social partners should be consulted in the design

and implementation of employment and social policies and welcomes President Juncker’s

commitment to a “New Start for Social Dialogue” launched in 2015. The European social

partners have a key role to play in helping to strengthen the social dialogue dimension of the

EU and in improving the involvement of social partners in EU policy-making.

Ireland would welcome clarity from the Commission on whether Member States can expect

further initiatives in addition to the New Start for Social Dialogue and what added-value

these may bring.

Ireland agrees with the principle that more engagement is required with the social partners

and supports the view that this can be facilitated through the Annual Growth Survey process

and feedback from them on emerging trends on country-specific issues.

For the social partners to contribute optimally it is also important that they have the

capacity to do so. However, the autonomy of the social partners is sacrosanct: whatever

assistance provided by the EU or individual Member States to assist with capacity retention

or building should avoid interfering with that autonomy.

The preponderance of atypical work patterns, tele-working etc. undoubtedly creates

difficulties in relation to consultation and organising and representing employees and can

create situations where workers feel isolated. This is an issue deserving of particular

consideration by the Commission given that it is likely to become more extensive.

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Ireland has recently established (October 2016) a Labour Employer Economic Forum (LEEF)

which brings together representatives of employers and trade unions with Government

Ministers to discuss economic, employment and labour market issues and to provide a space

to discuss areas of shared concern on a thematic basis, such as competitiveness, sustainable

job creation, labour market standards and equality and gender issues in the workplace.

11. Integrated Social Benefits and Services

Social protection benefits and services shall be integrated to the extent possible in order to strengthen the consistency and effectiveness of these measures and support social and labour market integration.

Ireland is generally supportive of the policy in relation to integration of benefits and services

where appropriate. This principle is broadly in keeping with national policies and

programmes as evidenced by the integration of Ireland’s employment and benefits services.

However, Ireland feels that the Social Pillar needs to more clearly define what is envisaged

with a general move towards more integration of benefits and services. In particular, the

potential extent of what the Social Pillar envisages needs to be clearly outlined in order that

all Member States can understand the intention and objective of this policy principle.

Ireland believes that it will not be easy or appropriate to adopt a single approach for

overseeing the integration of benefits and services across all Member States under the EU

Social Pillar. We believe that such an approach would be inappropriate and would not

facilitate Member States developing services and social welfare benefits in a manner that

best achieves their policy objectives.

Ireland considers it appropriate that the EU Pillar of Social Rights recognises the challenges

posed and reflects the need for a reasonable and practicable approach. However, it is a

matter for Member States to determine the organisation of their supports and services to

best achieve their political, social and policy objectives. It is therefore important that the

Pillar avoids being overly prescriptive and recognises that diverse approaches may be more

effective in dealing with specific policy objectives in each Member State.

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12. Health Care and Sickness Benefits

a. Everyone shall have timely access to good quality preventive and curative health

care, and the need for healthcare shall not lead to poverty or financial strain.

b. Healthcare systems shall encourage the cost-effective provision of care, while

strengthening health promotion and disease prevention, in order to improve the

resilience of healthcare systems and their financial sustainability.

c. All workers, regardless of contract type, shall be ensured adequately paid sick

leave during periods of illness; the participation of the self-employed in insurance

schemes shall be encouraged. Effective reintegration and rehabilitation for a

quick return to work shall be encouraged.

Ireland supports the principles outlined at 12a and 12b above. However, it is essential that

the Commission fully acknowledge that this policy area is within the competence of

individual Member States. Member States are best placed to tailor the means by which they

would deliver universal healthcare. Ireland is therefore not in favour of extending the Pillar

to cover healthcare.

The principles outlined in sections 12a and 12b of the Pillar are aligned with Ireland's

commitments in the 2016 Programme for a Partnership Government regarding universal

healthcare and the sustainability of our health service. However, there is no single way to

best achieve universal healthcare and the different approaches between Member States

must be recognised. These issues are being considered at national level by Irish

parliamentarians in a newly-established Parliamentary Committee on the Future of

Healthcare which is developing a single long-term vision for healthcare and the direction of

health policy in Ireland. Any proposals on foot of the EU Pillar of Social Rights should not

endanger this process.

The Commission, in its Preliminary Outline of a European Pillar of Social Rights, references

Article 168.1 of the Treaty on the Functioning of the European Union. This stresses the

importance of ensuring a high level of human health protection in the definition and

implementation of all Union policies and activities. It would be useful if this reference was

expanded to include Article 168.7, which states that Union action shall respect the

responsibilities of the Member States for the definition of their health policy and for the

organisation and delivery of health services and medical care and that the responsibilities of

Member States include the management of health services and medical care and the

allocation of the resources assigned to them.

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Ireland also agrees with the principles outlined in the second and third elements of policy

area 12c concerning the participation of the self-employed in insurance schemes and

effective reintegration and rehabilitation for a quick return to work. However, Ireland does

not agree with the inclusion in the Pillar of the first part of policy area 12c in relation to the

extension of sick leave/pay provisions given the various ways in which this broader objective

can be met. Ireland is of a view that the social policy issues encompassed in principle 12c are

best dealt with in the context of a national consensus on statutory sick pay provisions and

the role of social protection supports.

The Irish legislative system already contains strong legal provisions regarding access to

benefits. This Pillar proposal would breach the subsidiarity principle in social security as the

provision of income and employment supports for people with illness is dealt with

autonomously and effectively by Member States. This subsidiarity issue is already identified

by the Commission in the supporting EU documentation. Therefore we would not be in

favour of the inclusion of sick leave arrangements in the EU Pillar of Social Rights.

13. Pensions

a. Pensions shall ensure all persons a decent standard of living at retirement age.

Measures shall be taken to address the gender pension gap, such as by adequately crediting care periods. According to national specificities, the participation of the self-employed in pension schemes shall be encouraged.

b. Pension systems shall strive to safeguard the sustainability and future adequacy of

pensions by ensuring a broad contribution base, linking the statutory retirement

age to life expectancy and by closing the gap between the effective retirement and

statutory retirement age by avoiding early exit from the labour force.

While much of the sentiments of part (a) of the principle are uncontroversial, the specifics

(notably what constitutes a “decent standard of living” or “adequately” crediting care

periods) are in the realms of national competence and subject to available resources. Also, it

should be noted that where Member States choose to have a residency-based pension

system, the requirement for “crediting care periods” may lack meaning, a fact that

underlines the importance of recognising subsidiarity in this context. This is particularly the

case at a time that the Commission is, in other contexts, requiring Member States to reform

their pension systems.

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Aside from questions of subsidiarity and context, Ireland notes the principle does not follow

an outcomes-based approach. Various factors (health/social care, accommodation costs,

utility costs etc.) will all impact upon the standard of living of older people, and while

pensions are a very significant factor, they are only one. Other more targeted measures

(both cash allowances and services) may lift more people out of poverty than across-the-

board increases in the headline rate of pension payment.

In relation to part (b) of the Social Pillar principle on pensions, Ireland does not have a

statutory retirement age, and its introduction might impede our efforts to encourage people

to work longer where they wish to. It would be inappropriate to require Ireland to create

such a provision and link it to life expectancy. Such a requirement would appear to breach

EU subsidiarity rules. The State pension age is being increased to ensure the sustainability of

the pension system (it increased from 65 to 66 in 2014, and further increases to 67 in 2021

and 68 in 2028 have been legislated for).

There is no legislative barrier to people working after that age, nor any impediment to them

drawing down their pension while they continue to work. Nor are there ‘early’ pension

schemes, and people aged 65 who require income support may apply for support via the

social welfare schemes other people of working age access.

There are no incentives to exit early from the Irish labour force. However, it might be noted

that, under the Irish pension system, retirement at 65 would be considered ‘early’

retirement, in that it is before reaching State pension age, however it is later than is

common in many other EU Member States, and in many cases people are unable to work

past this age, for reasons unaffected by legislation (e.g. invalidity). This fact emphasises the

difficulty with EU proposing measures to combat ‘early’ retirement, when the age at which

that applies (and the degree to which it is reasonable) varies depending on local legislation,

and conditions in the local labour market.

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14. Unemployment Benefits

Action to support the unemployed shall include the requirement for active job search and participation in active support combined with adequate unemployment benefits. The duration of benefits shall allow sufficient time for job search whilst preserving incentives for a quick return to employment.

Ireland believes that the Commission’s proposed approach to adequate unemployment

benefits under the EU Pillar of Social Rights is not consistent with the principle of

subsidiarity. The provision of income for the unemployed is a matter for individual Member

States. Given the diverse range of social welfare systems within Member States and the fact

that some Member States use a combination of both insurance and means tested assistance

schemes, Ireland believes that Member States themselves are best placed to design and

implement income and other supports to assist the unemployed return to employment.

Social welfare rates in Ireland are a matter for the Government to consider in an overall

budgetary and policy context on an annual basis, with regard to available resources. In an

Irish context it should be acknowledged that the generosity of assistance payments, which

match benefit rates, has directly contributed to Ireland’s social transfers being one of the

most effective in the EU at reducing poverty.

The Irish Social Welfare system supports the unemployed through insurance-based

Jobseeker’s Benefit (JB) and means-tested Jobseeker’s Allowance (JA). Both schemes are

paid at the same rate with additional payments for adult dependents and child dependents.

The duration and rates for these schemes are a matter for Government to consider in a

budgetary context, however, the JA scheme can provide continuous support for the

unemployed with no upper time limit on duration provided they continue to satisfy the

schemes conditions.

A key requirement under both schemes is that recipients must be available for and genuinely

seeking full time employment and they must engage with the State’s labour activation

model. This model requires jobseekers to engage with the Public Employment Service. As

part of this engagement jobseekers through the provision of supports and services are

supported in their pursuit of employment and related opportunities.

Given the current unemployment levels in many Member States the creation of an absolute

“right” to activation supports is neither practicable nor feasible in many Member States.

Ireland believes that the role of the EU should be to focus on facilitating the exchange of

examples of best practice amongst Members States, which will then influence the future

design of income and activation supports for the unemployed.

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15. Minimum Income

Adequate minimum income benefits shall be ensured for those who lack sufficient resources for a decent standard of living. For those of working age, these benefits shall include requirements for participation in active support to encourage labour market (re)integration.

Ireland supports the broad concept of minimum income, provided individuals continue to

satisfy the relevant conditions and have a legal right to a payment. However, Ireland would

not support measures aimed at prescribing to Member States, the scope and extent of a

minimum income system nor the level of the actual payment. Ireland believes that such an

approach would not be consistent with the principle of subsidiarity.

During difficult times social transfers play a pivotal role in cushioning people from the worst

effects of rising unemployment and falling incomes. They are essential in supporting well-

being and reducing inequalities through the redistribution of income, thereby helping to

promote social solidarity. Social transfers also provide support across the life-course, from

helping to protect children from the risks of inter-generational poverty and disadvantage to

ensuring an adequate standard of living across all life-cycle groups.

The Irish social welfare system continues to play an important role in alleviating poverty and

income inequality. Ireland is consistently among the best performing EU Member State in

reducing poverty and income inequality through social transfers.

The Irish social welfare system provides a wide range of schemes to individuals who suffer

certain contingencies and have a legal entitlement to a payment. The Supplementary

Welfare Allowance scheme offers a ‘safety net’ within the overall social welfare system by

providing assistance to those, whose means are insufficient to meet their own needs and

those of their dependants.

In situations where an individual is relying on an insurance based scheme and their benefit

expires, these individuals, provided they satisfy a means test and other conditionality, will

be able to access another social welfare payment such as Jobseeker’s Allowance or Basic

Supplementary Allowance thereby providing them with income security.

In terms of a minimum income, access to Irish social welfare rates are predicated on having a

legal entitlement to the payment and satisfying the relevant contingency. Irish social welfare

rates are determined by Government in an overall budgetary and policy context each year,

with regard to available resources.

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16. Disability Benefits

Persons with disabilities shall be ensured enabling services and basic income security that

allows them a decent standard of living. The conditions of benefit receipt shall not create

barriers to employment.

Ireland’s position is that the proposed Commission approach does not appear to be

consistent with the principle of subsidiarity. The provision of income and employment

supports for people with disabilities can be dealt with autonomously and effectively by

Member States. The subsidiarity issue is already identified by the Commission in the

supporting documentation of the EU Pillar of Social Rights.

Issues such as benefit traps are too complex to be addressed in legislative or quasi-judicial

instruments. They are best pursued using periodic reviews of existing traps within the

system and the open method of coordination supervised by the EU’s Social Protection

Committee.

Disability benefits have long been a national competence and Ireland believes that this

should remain the case.

Ireland provides a continuum of income supports for those with an illness or disability.

Ireland also provides a range of work related supports which, together with income supports

such as partial capacity benefit and disability allowance, play an important role in supporting

increased participation in the labour force by people with disabilities.

Ireland is progressively moving towards a social model of disability and is ensuring close links

between scheme design, initiatives such as the National Disability Strategy, the National

Carers’ Strategy and the Comprehensive Employment Strategy for People with Disabilities,

and governance components and principles such as transparency and accountability.

People with disabilities in Ireland do experience higher risk of poverty than the general

population and have significantly lower employment rates. However, the social security

system has improved the comprehensiveness of its coverage for people with disabilities and

is one of the most effective in the EU in using income support payments to reduce poverty.

The Government’s strategic objectives (as expressed in the Comprehensive Employment

Strategy - relating to people with a disability) are consistent with the basic principles

expressed in the proposed Social Pillar principle. The implementation of these objectives

are regularly reviewed through high level monitoring groups, consultation with stakeholders,

ongoing scheme reviews, reorienting and reforming schemes to reflect capacity and

evaluating and monitoring the effectiveness of income and employment supports.

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The issue of incentives is complex and ignores the fact that incentives can emerge as an

unintended by-product of focussing on efficient allocation of resources. Also, addressing

benefit traps may add to in-work disincentives as payments are withdrawn with higher

earnings. Ireland keeps the incentives structure of benefits under regular review. For

instance, as part of its Comprehensive Employment Strategy for People with Disabilities, the

Government has appointed a High Level Independent Group (Make Work Pay) to review

these and other aspects of the social protection system.

In relation to the incentives issues, designing a scheme that that does not create any barriers

to employment poses a range of difficulties unless the scheme is a universal income

maintenance support. Therefore while the principle that “The conditions of benefit shall not

create barriers to employment” is a useful reminder about benefit design and

administration, it would be considered overly prescriptive and not enforceable in a social

rights context.

17. Long-term Care

a. Access to quality and affordable long-term care services, including home-based care, provided by adequately qualified professionals shall be ensured b. The provision and financing of long-term care services shall be strengthened and improved in order to ensure access to adequate care in a financially sustainable way.

Ireland fully supports the high level principles contained in this section of the Pillar.

However, long-term care is a matter of Member State competence and it is essential that the

Commission acknowledge and respect this in the context of the EU Pillar of Social Rights.

At national level, a range of long-term care services is in place in Ireland and the 2016

Programme for a Partnership Government contains a number of important commitments

regarding the provision and financing of long-term care. Defining what the “strengthened

and improved” provision of financing and long-term care services looks like is not an easy

task, as Member States take different approaches to achieve these objectives. As this

principle is developed, it is likely to become clearer how the Commission intends to measure

implementation while having due regard to the prerogative of Member States to decide on

the organisation and financing of their national health services.

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Overall Government policy in Ireland is to maintain and support older people at home and in

their communities. In Ireland, long-term care can be taken to include both home care and

residential care. Several schemes provide support for people who require long-term care,

including the Nursing Home Support Scheme and Home Care Packages.

The Irish Government also operates a number of income support schemes for people who

stay at home to care for elderly persons or persons with disabilities.

18. Childcare

a. Access to quality and affordable childcare services, provided by adequately

qualified professionals, shall be ensured for all children.

b. Measures shall be taken at an early stage and preventive approaches should be

adopted to address child poverty, including specific measures to encourage

attendance of children with disadvantages [sic] backgrounds.

Ireland supports the objectives of the principle on childcare, while conscious of its position

as a national competence. We recognise the importance of and difficulties involved in

achieving the necessary balance between the provision of quality childcare and affordability.

Within the context of the highest birth-rate in the EU and below average female labour

participation rates, Ireland is strongly focussed on effective delivery in this policy area

subject to the overall availability of sufficient financial resources.

Ireland supports the principle of childcare provision that is accessible, inclusive, affordable,

and of high quality. It is also committed to a multi-dimensional, whole-of-Government

approach to tackling child poverty. The level of State investment that can be provided to this

area must however compete with many other Government priorities requiring significant

investment. Whilst strong levels of investment are required, investment must be incremental

to ensure strategic implementation and critical change management. Investment must also

be directed in an appropriately balanced way to target affordability for parents and, at the

same time, the quality of service provision which will include investment in the workforce.

This approach informed substantial additional investment in childcare in Ireland in 2016, an

increase of 30% in investment from 2015 and will continue to inform future investment

decisions.

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The current cost of childcare provision for parents in Ireland is high by EU standards. If

Ireland is to achieve the OECD average level of investment in early years care and education

services or the UNICEF international benchmark, significant sustained investment in early

years services will be required.

Ireland’s Better Outcomes, Brighter Futures: National Policy Framework for Children and

Young People (2014-2020) provides an over-arching framework for the development and

implementation of policy and services for children and young people across the Irish

Government. Its focus is on the lives of our children and young people and how we as a

society can improve them, particularly through the provision of universal services. Access to

affordable quality childcare is just one aspect of the Government’s commitment to

supporting child development and early intervention, and implicitly, addressing child

poverty.

In 2015, the Irish Government published a Report on Future Investment in Childcare which

set out a strategic platform for investment in early years care and education in Ireland. This

report has a vision of supporting children’s outcomes and supporting families in raising their

children to reach their full potential, while also recognising the immediate issues of

affordability, accessibility and quality which are affecting parents and families today.

Quality improvement within childcare services demands that clear guidance and tools are

available to measure and monitor levels of quality. In Ireland, as part of a number of

initiatives to improve quality, tools for measuring quality and benchmarking with other

jurisdictions will soon be developed and used to obtain a baseline measure of quality. This

will enable assessment of the impact of future policy measures.

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19. Housing

a. Access to social housing or housing assistance shall be provided for those in

need. Protection against eviction of vulnerable people shall be ensured, and

support for low and medium income households to access home property

provided.

b. Shelter shall be provided to those that are homeless, and shall be linked up to

other social services in order to promote social integration.

Ireland notes that, in line with the principle of subsidiarity and underpinned by the EU

Treaties, policy matters in the housing area are a matter for Member States. Ireland believes

that this should remain the case. However, the goals set out by the Commission in this area

of the Pillar proposals are very much in keeping with the national initiatives under way in

Ireland at present.

While Ireland notes that the Council’s Employment Guidelines for 2016 includes a reference

to “affordable, accessible and quality services” such as housing, we do not currently see the

benefit of introducing any measures or metrics at EU level for this national competence.

The Irish Government is taking urgent action to deal with the challenges which currently

exist in relation to the housing sector in Ireland.

An Action Plan on Housing and Homelessness (July 2016) sets out a clear roadmap to achieve

the Government’s goals to significantly increase and expedite the delivery of social housing

units, boost private housing construction, improve the rental market, and deliver on the

commitment to see housing supply, in overall terms, more than double to some 25,000 new

homes every year by 2020. The key targets of this Action Plan will be subject to regular

review by a Cabinet Committee on Housing, chaired by the Taoiseach.

This is a cross-Government plan, which also stretches beyond into the local government and

voluntary sectors. The Government’s mission is to ensure that everyone can access a home,

either on their own or with State support. There is a clear determination at the highest level

nationally to deal with the under-supply of housing and the problems it generates for

families and communities.

Addressing the unacceptable level of homeless families and long-term homeless people in

emergency accommodation takes precedence in this Plan. It is acknowledged that housing is

the key to solving homelessness and immediate initiatives, such as the delivery of a

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significant number of rapid build homes, will be prioritised in the Plan. However, it is also

recognised that homelessness and the reasons for it are complex and require concerted

action across Government.

The links between homelessness, ill-health, poverty and social exclusion are well understood

and wider Government policy initiatives across a range of social policy areas including

health, welfare, etc. are acknowledged in the Plan and will be harnessed in order to provide

sustainable pathways out of homelessness and to mitigate against the risk of homelessness.

In addition to the legal and institutional basis for national competence in the area of

housing, the complex national trends, standards and cultural differences reinforces the

imperative that these policy decisions should continue to be made by Member States.

20. Access to Essential Services

Affordable access to essential services including electronic communications, energy, transport, and financial services, shall be ensured for all people. Measures to support access to these services shall be available for those in need.

Ireland broadly supports the Social Pillar principle on access to essential services. It is

important that we can continue to ensure affordability for all, particularly in the energy

sector, through the provision of additional social supports to the most vulnerable in our

society.

Essential services, such as electronic communications, transport, energy and financial

services, which ensure the full social inclusion of people in society, as well as ensuring equal

opportunities to access employment, are not always available or accessible to everyone in

need of them. Barriers to access include affordability, lack of infrastructure, or failure to

meet accessibility requirements for people with disabilities.

Ireland’s national policies and programmes strongly support access to essential services in

the electronic communications and energy sectors. These include the National Broadband

Plan and the Strategy to Combat Energy Poverty 2016-2019.

Affordable access to financial services is important in ensuring that people are not financially

excluded. Access to payment accounts for those who need them is of particular importance.

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Ireland used the opportunity of the transposition of Directive 2014/92/EU (the Payment

Accounts Directive) in September 2016 to require all banks offering payment accounts to

offer an account with basic features free of charge for at least one year to consumers who

do not already have a payment account.

In Ireland, the National Transport Authority has a clear and explicit mandate to deliver a fully

integrated and accessible transport network that is accessible to all and is responsive to

customer needs. Measures to support access/affordable access to transport for those in

need include the provision of subsidised bus and rail services, improved bus services to

disadvantaged areas, application of lower fares for off-peak travel and grant-aiding the

provision of wheelchair accessible small public service vehicles.

Ireland is generally supportive of the proposed principle regarding access to essential

services in areas such as electronic communications, energy, financial services and transport.

This principle is broadly in keeping with national policies and programmes.

Ensuring access involves a combination of availability and affordability. Availability is a

function of sectoral policies in the relevant areas. However, sectoral policies need to be

augmented by social policy (such as supports for those most in need) to ensure affordability,

and needs to take account of macro-economic circumstances and capacities.

The importance of good design, in terms of built environment, products, services and ICT is

also important, so that services can be accessed, understood and easily used by all,

regardless of age, size, gender, ability or disability.

Defining “essential access” or “affordability” is not straightforward. For example, in the

electronic communications sector this could range from basic telecoms services to

broadband internet access. In the case of energy, structural factors and policy choices may

drive energy prices beyond affordable levels (for justifiable reasons in energy terms), leading

to increased demands on social policy.

Ensuring access to essential services for all poses many challenges for Member States, each

of which is operating within the context of its own economic and social objectives. Issues

such as a highly dispersed population and geography can make providing services difficult

and costly. In addition, the provision of necessary infrastructure can require significant time.

In the context of the Social Pillar, the Commission should recognise the challenges posed

and reflect on the need for a reasonable and practicable approach.