Moncloa Palace, Madrid
The Council of Ministers approved a Royal Decree-Law modifying the regime for workers that provide port services handling goods (stevedores), thus complying with the ruling handed down by the Court of Justice of the European Union.
The Minister for Public Works, Íñigo de la Serna, explained that stevedores currently work for the SAGEP, which are private companies managing port workers. These handling companies are obliged to be shareholders of the SAGEP and can only contract stevedores that belong to these companies. "This is the only economic sector with no freedom on hiring in this country", he underlined.
On 11 December 2014, the Court of Justice of the European Union ruled against Spain, considering that its stevedore regime went against the freedom of establishment, and ordered a legal amendment so that companies do not need to invest in the capital of the SAGEP and can freely contract their own workers.
Íñigo de la Serna underlined that should this legal reform not be undertaken, a second ruling would oblige Spain to pay a daily fine of 134,107 euros, "which would come out of the pockets of all the people of Spain, and would be added to 21.5 million euros in fines already accumulated.
The minister recalled that the government has spent the last two years negotiating with the trade unions and the employers' association to incorporate their conditions into the Royal Decree-Law, with the limits set by the European Commission. The proposal provides for the "maximum flexibility" to maintain workers' rights.
With this aim in mind, the new legislation regulates port employment centres which "are like Temporary Employment Agencies specialised in port areas", explained the Minister for Public Works, although companies are not obliged to resort to them. These centres strengthen the requirements for professionalism and for the recruitment of workers, although it will not be necessary to require qualifications from those workers that can substantiate more than 100 days of employment in the handling of goods at ports in any Member State of the European Union.
The Royal Decree-Law provides for a transitional period of three years. Companies may contract 75% of their workers through the SAGEP in the first year, 50% in the second year and 25% in the third year. The minister stressed that after that period, "they can freely contract other workers, as happens in any other economic sector".
Collective bargaining process
Pool Moncloa/ JM CuadradoÍñigo de la Serna stated that, following the approval of this new legislation, the collective bargaining process will now begin, which may last for a year, to adapt the agreements. In his opinion, agreements may be reached to guarantee stable employment and the labour rights of workers, and hence the government has offered to provide an impartial mediator to "manage these negotiations".
The government, added the minister, "very favourably views" the fact that the trade unions and the employers' association are sat around the negotiating table and asks them to intensify the meetings to be held in the coming days because it is convinced that an agreement can be reached.
Íñigo de la Serna also called for responsibility from the political groups to help foster the approval of the stevedore reform, given that any breach of the EU ruling would seriously harm the image of the country and result in a fine. "The fewer the political mutterings the easier it will be to reach an agreement, and the less pressure applied on any of the parties thereto will clearly have the same effect".
In this regard, the minister declared that "any call for a strike would lead to instability and pressure of the collective bargaining process which should be held in as normal a climate as possible."
When asked about the potential consequences of a strike or a slowdown in the work by the stevedores, Íñigo de la Serna pointed out that it is the government's responsibility to establish minimum services that guarantee there is no shortage in supply. He also warned of the danger of "temporary decisions" taken by companies in light of potential strike action "becoming definitive" and causing widespread harm.
Boost to telecommunications
Pool Moncloa/ JM CuadradoThe Council of Ministers approved the Regulation on the use of the radio-electric public domain. Íñigo Méndez de Vigo described the text as "pioneering" and highlighted that the regulatory amendments contained will facilitate the roll out of the future 5G mobile communication networks and the installation of devices for the 'Internet of things'.
The new legislation provides for the possibility of telecommunications operators pooling their rights to the use of frequencies, which would allow them to offer new services, improve their coverage and increase high-speed, quality services through their networks. It also simplifies the procedures for obtaining authorisations for the use of frequencies, while guaranteeing control and inspection functions and strict compliance with the levels of tolerable radio-electric exposure from a health standpoint.
Other agreements
Also in relation to the Ministry of Energy, Tourism and Digital Agenda, the government approved the new Regulation on explosives. The text regulates, on the one hand, aspects relating to citizen and industrial safety, such as storage, distribution, trade, acquisition, the handling and use of explosive for civilian purposes. On the other hand, it establishes measures in relation to the prevention of occupational hazards.
The Council of Ministers approved a third regulation, on the control of drug precursors - those chemical substances which, to this end, can be altered from their legal use. "This is one more example, also pioneering in Europe, of the government's commitment to the fight against drug trafficking and drug addiction", stressed Íñigo Méndez de Vigo.
On another note, the government authorised the annual subsidies to be granted to political parties with representation in the Lower House of Parliament for their operational expenses. Since the 2016 Budget has been extended to this year, these subsidies amount to the same figure as last year - 52.7 million euros - although the distribution among the political formations has changed, since this depends on the number of votes obtained by each party in the elections and the number of resulting seats.
Fight against gender-based violence
Pool Moncloa/ JM CuadradoThe Council of Ministers listened to a report that the Minister for Health, Social Services and Equality, Dolors Montserrat, presented on gender-based violence. The Government Spokesperson stressed, at the start of the press briefing following the Council of Ministers, "the firm rejection by the government and the whole of Spanish society" of the murders of women that had taken place during the course of the week.
Dolors Montserrat explained to the Council the work of the Committee for a Pact against Gender-Based Violence, which all of the parliamentary forces were in favour of. Furthermore, the minister met on Thursday, 23 February, with the Ministers for Justice, Rafael Catalá, and for Home Affairs, Juan Ignacio Zoido, and with the Secretary-General for Universities to agree on the creation of a standing body to assess, prevent and combat gender-based violence, which will analyse the situation on a weekly basis.
Íñigo Méndez de Vigo added that the minister will propose, in the Upper House of Parliament, the creation of an inter-departmental committee with the same goal; in addition to the government, this will include representatives from the Spanish Federation of Municipalities and Provinces, and from two regional governments on a rotating basis.
The Government Spokesperson remarked on the increase in the number of calls to the 016 hotline, which offers information and legal advice on gender-based violence in a confidential manner, and urged victims and witnesses of these situations to make use of the hotline.
"We are working on this and will continue to so, and it is the government's intention to achieve this State Pact, which constitutes one of the commitments the President of the Government made at the investiture session", he commented.
International agenda
Pool Moncloa/ JM CuadradoIn his review of the government's weekly activity, Íñigo Méndez de Vigo pointed out that this was focused on the international agenda, with the holding of the 25th Spain-France Summit in Malaga and the State visit to Spain by the President of the Republic of Argentina, Mauricio Macri.
In addition to the agreements signed at the summit, the Government Spokesperson underlined that the Heads of Government of Spain and France agreed at their meeting to strengthen the EU project, "which is going through a very important phase of consolidation and is re-launching its political project". Now that we have got through the phase with a caretaker government and the first 100 days of the new government, Mariano Rajoy "also intends to devote himself once again to Europe" in this key period, he remarked.
The minister recalled that the French President, François Hollande, invited the President of the Government of Spain to take part, on 6 March, together with the German Chancellor, the Italian Prime Minister and the French President, in a summit in Versailles, prior to the European Council meeting on 7 March and the celebration of the 40th anniversary of the Treaties of Rome in the Italian capital.
"Spain is a country which has a great deal to contribute to Europe at this time", argued Íñigo Méndez de Vigo, in reference to the growth and job creation of the Spanish economy - more than the European average - and Spain's experience on issues related to immigration and the fight against terrorism.
As regards the visit by the President of Argentina, Íñigo Méndez de Vigo forecast "a very positive period" in bilateral relations and highlighted the support expressed by Mariano Rajoy and Mauricio Macri in their meeting at Moncloa Palace for the MERCOSUR formula. "As an integration system, this is a successful political commitment, and we are going to support it through the European institutions", he stressed.
These "ties of friendship and affection" between Spain and the Ibero-American community, added the minister, have translated today into the concession by the Council of Ministers of Spanish nationality to the Colombian writer, Héctor Abad Faciolince, and to the Venezuelan politician, Lester Javier Toledo.
Current affairs
Pool Moncloa/ JM CuadradoÍñigo Méndez de Vigo reiterated the government's intention to present the Budget for 2017, "because this benefits everyone" and "contributes to the stability of Spain and its credibility in Europe".
He added that, in principle, no-one should be excluded from the budget agreements. "We are talking with everyone, because our obligation to the Spanish people is to resolve problems", and "we believe that the Budget can resolve them". "That is why we would like to see a broad consensus", he said.
The President of the Government, pointed out the Government Spokesperson, wants the Draft Budget to be presented in March or at the beginning of April.
As regards the talks with the Regional Government of Catalonia, Íñigo Méndez de Vigo stressed that "dialogue has always existed and has been maintained and will continue to take place". "Dialogue has no expiry date", although on occasions "it is good for it to exist without pressure from the media", he remarked.
When asked about the government's assessment of the rulings on corruption cases handed down this week, the Government Spokesperson highlighted that "the rule of law works, justice is independent and the law is the same for everyone".
As regards the reticence expressed by some media outlets on the appointment of certain public prosecutors, Íñigo Méndez de Vigo explained that the "established, transparent and normal" procedure has been followed as established by law, in which the principles of "merit and suitability" have prevailed.
Pool Moncloa/ JM Cuadrado