Four years ago the European Parliament passed the Pregnant Workers Directive. It was a difficult and not without some controversy, but we passed it and the normal process of negotiation between the three EU institutions should have begun in earnest. Since then, nothing has happened. It has been sitting in a drawer; the European Council seemingly having little appetite to tackle the issue.
Now we have a new mandate and the European Commission is going through the bits of legislation left over from the last term and deciding what to do; it has suggested that we simply scrap the Pregnant Workers Directive.
The European Commission has basically given up the fight and now wants to kill the draft law under its REFIT programme aimed at simplifying EU law.
In a communication dated 18 June, the EU executive wrote, “The Commission considers it good legislative management to withdraw proposals that do not advance in the legislative process […]. These include proposals on […] pregnant workers […].”
This is a very troubling development. The fact is that the European Parliament adopted its position and never received a follow-up official response from the Council, despite the co-decision procedure. Therefore, no further discussions on the Maternity Leave Directive took place to enable a second reading and subsequent decision. I could perhaps understand the decision if the report had been mired in the back and forth between the three institutions with no progress being made, but given that there has been nothing done for four years, surely the solution is not to bin it, but to actually start the discussion.
The European Women’s Lobby have written to Jean-Claude Juncker asking to reconsider, saying “The decision to withdraw this Directive is scandalous as potential and pregnant women workers are being taken hostage but so too are men as the proposed directive also includes provisions on paternity leave.”
I completely agree. There will be a debate in Strasbourg next week, where I can only hope that the European Parliament can persuade the Commission to change its mind. It’s a terrible shame that we haven’t managed to pass this important directive in the four years since the European Parliament first adopted its position. Let’s not compound that shame now by simply giving up.