Paul Connaughton Snr (Galway East, Fine Gael)
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Question 94: To ask the Minister for Enterprise, Trade and Employment his assessment of the future of the EU Working Time Directive; and if he will make a statement on the matter. [37937/06]

Tony Killeen (Clare, Fianna Fail)
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I consider that the failure of the EU Employment Ministers to reach agreement on the politically sensitive draft EU Working Time Directive at their Council on 7 November 2006, was a missed opportunity to bring a consensus approach to EU working hours. A better opportunity will not arise again for some considerable time as Germany, Slovenia and Portugal have signalled that they have other priorities during their respective upcoming Presidencies of the EU.

Despite big efforts over the course of the last five Presidencies and in particular, the heroic efforts of both the Austrian and current Finnish Presidencies, agreement foundered on the issue of the ending of the "opt-out" clause allowing workers in some Member States to work beyond an average maximum of 48 hours per week. The UK, supported by some of the new Member States, were opposed to a definitive end date for the "opt-out" clause as proposed by France, Italy and Spain.

While Ireland does not avail of the opt out, we saw the Finnish Presidency proposal as a pragmatic and workable compromise which would have protected the health and safety of workers without compromising the competitiveness of enterprises. Despite the flexibilities on offer in the compromise, blocking minorities in opposing camps prevented agreement.

The initiative now lies with the European Commission in its role as guardians of the EU Treaty to decide whether or not to take Infringement Proceedings against 23 out of 25 Member States, who it says are in breach of the Directive following recent ECJ Rulings in the Simap and Jaeger Cases.

However, given the political sensitivity of the Directive for Member States, particularly in relation to the provision of healthcare services, it is not yet clear as to how the EU Commission might approach Infringement Proceedings should they choose to pursue this option.