January
28 2005 16:52 | by
Steve McGiffen
Working with the Dutch left over the last few years, I
have often compared former Deputy Prime Minister, Liberal Party leader
and, most recently, EU Commissioner Frits Bolkestein to "Mrs
Thatcher in a bad mood". His party, the VVD, has played a major
role in the last decade's massive assault on the Netherlands' once
enviable welfare state. Now, as his swansong, outgoing Commissioner
Bolkestein has brought forward a proposal which can, without hyperbole,
be described as a declaration of war on working men and women and
the social, health care and educational provisions which are the fruits
of two centuries of struggle. Welcome to the European Commission's
proposal 2004/002, the Directive on Services in the Internal Market,
the Directive that came from hell, widely known simply as the Bolkestein
Directive.
The pretext for the proposal is simple. The EU has now largely fulfilled
its ambition to create a single market within which goods can be freely
traded, almost as in a unified state. As far as the provision of services
goes, however, the story is very different. Many EU member states
continue to display a distinctly uncooperative attitude to foreigners
who try to establish small businesses on their territory. Yet few
Star readers will be sufficiently naive to believe that the Eurocracy
really cares two eurocents about the "rights" of ordinary
people subjected to such forms of discrimination. So what is the real
goal?
The Treaty establishing the European Union guarantees that there
will be free movement of services between member states. If a French
company wants to sell a service in the UK, for example, it must
be allowed to. We may have our doubts about the desirability of
such a carte blanche right, but that debate is for another day.
The point here is that the proposed Directive is more than a hammer
to crack a nut. It treats the nut as if it were a WMD, and sends
the legalistic equivalent of stealth bombers to hammer those responsible
for it into submission.
If the Directive in its current form is approved, almost all services
will be exposed to market-based competition: all kinds of social
and cultural services, education, health and residential care, all
will be included. All services will be treated equally, whether
they involve life-saving operations or bungee jumping. For Bolkestein
and those who think like him, major surgery and minor sports are
simply two different ways of making money.
What precisely will the exposure of essential services to "free
competition" mean? It is in answering this question that I
am forced to enter the realms of the surreal.
The most disturbing aspect of the proposal is the so-called "Country
of Origin principle". Simply put, this states that a service-provider
must follow the rules and laws not of the country in which the service
is to be provided, but the one in which it is "established".
"Establishment", moreover, should not be taken to mean
that a firm has any real roots in a particular part of the world.
A US multinational, for example, can establish itself in, say, Lithuania,
simply by registering its presence there. It can then trade in the
UK whilst conforming only to Lithuanian law on such matters as health
and safety, employees' rights, or environmental protection. Worse
still, because the British authorities would have no rights in the
matter, Lithuania is expected to send inspectors to ensure that
the service provider conforms to its laws.
This is not, by the way, to pick on Lithuania. Every country's
legal code has strengths and weaknesses, and any company wishing
fully to exploit the possibilities opened up by the proposed Directive
need only find out what they are before it decides where to "establish"
itself.
The Country of Origin Principle is merely the most dangerous and
offensive aspect of a proposal which is in every aspect unacceptable.
Covering everything except transport, financial services, certain
services provided free of charge by the state, and those already
covered by other Directives, the Directive forbids member to refuse
permission to trade to any operator authorised to do so in any other
member states. It also effectively makes the application of any
kind of regional development plan illegal. Finally, it obliges national
authorities to cover costs incurred by anyone who goes to another
member state for medical treatment which would be paid for had they
undergone it at home - and forbids them from requiring 'prior consent'.
The good news is that the proposal has a long way to go before
it become law, and there are signs of disquiet extending well beyond
the labour or environmental movements. When Dutch left Euro-MP Kartika
Liotard presented a highly critical report on the proposal to a
European Parliament Committee, MEPs from every group, including
British Tory John Bowis and Irish Fine Gael Member Avril Doyle,
queued up to attack the Directive. In the Council of Ministers,
too, criticisms have been raised, though no member state has as
yet rejected the measure outright.
Nevertheless, we cannot rely on Euro-MPs and government ministers
to throw this proposal into the dustbin. The last major attack on
working people to come from Brussels, the Port Services Directive,
was defeated by co-ordinated activities inside and outside parliaments,
including mass demonstrations which brought tens of thousands of
dockworkers and their supporters to Rotterdam, Brussels and Strasbourg.
At the same time, some intelligent work from left parliamentarians
assembled a coalition of the unwilling which was eventually able
to have the entire proposal chucked out. We need urgently to organise
our parliamentary and extra-parliamentary forces again in the face
of this even greater threat. And with the legislative process well
under way, we need to do it now.
Steve McGiffen is editor of Spectrezine. This article first
appeared in the Morning Star.
To sign a petition against the Bolkestein Directive and read up-to-date
information on developments, go to this website
See Also:
Thomas
Fritz The European Services Directive