Proposition 50K1281

Logo (Chamber of representatives)

Projet de loi visant à favoriser le développement de services et d'emplois de proximité.

General information

Submitted by
Groen Open Vld Vooruit PS | SP Ecolo MR Verhofstadt Ⅰ
Submission date
June 1, 2001
Official page
Visit
Status
Adopted
Requirement
Simple
Subjects
work employment policy

Voting

Voted to adopt
Groen Ecolo PS | SP Open Vld MR
Voted to reject
FN VB
Abstained from voting
CD&V LE N-VA

Party dissidents

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Discussion

June 20, 2001 | Plenary session (Chamber of representatives)

Full source


President Herman De Croo

The rapporteurs refer to their written reports.


Rapporteur Zoé Genot

I was appointed co-rapporteur by the committee. This bill was accompanied by the proposals of Ms. Pieters and Mr. Visitor, filed previously but targeting the same type of needs. The purpose of these chequeservices is to meet the many needs created by the family shift and, in parallel, to meet the many low-skilled job seekers who wish to invest in the labour market. There is a consistency between the objectives of combating black labour and those of job creation. All this is possible only through a solvency of demand. by

The State Council highlighted problems related to the competence of each level. It advocates that assistance to people goes through the community filters. Therefore, the Minister has built a system in that sense. Approval at the service level concerning assistance to individuals first passes through communities before reaching regions. Currently, this measure only applies to individuals. by

The sectors concerned are: home assistance, childcare and assistance to the elderly. Companies that can provide these services can be of commercial type, as well as an ASBL, a mutuality or a social purpose company. The jobs created are “real”, i.e. labor contracts governed by the law of 1978, which must be at least half-time. by

How will the system work? The person who wishes to hire a worker engaged in this operation must purchase checks from the issuing company and sign a contract with the service provider. The issuing company, after receiving the cheque from the employer, will collect half of the amount paid by the State to the region, the other half to the ONEM, and will pay the whole to the authorized company providing the service. by

The budget at the federal state level will be provided by the ONSS Global Management. The issuing company will also be funded by the federal state. The tax deductibility will be at the same level as that currently granted to the EEAs, in order to avoid unfair competition between the two systems. An evaluation will be made every six months on the basis of the number of service checks issued and the balance sheet of the situation relating to the use of budgets, in order to avoid possible excesses.

Pieters regretted that the Dutch version of the text was so poorly written, which other Dutch-speaking MEPs also noted. She regretted that the National Labour Council was not addressed a second time after the re-writing of the project, and was concerned that the notion of conflict of interest with communities continues to be evident. Mr Pieters has the impression, but it has been contradicted by other Dutch speaking interlocutors subsequently, that the Flemish Region does not specifically need this type of employment, given that humanitarian aid is already highly developed.

In addition, local employment agencies are already participating in this reintegration of long-term unemployed and are already enabling the fight against black labour in the home employment sector. She also finds that social economy companies that are active in this type of service are already well developed in Flanders. by

She regrets that the title-services such as painting and wallpaper laying have been removed somewhat quickly by Ms. Onkelinx and she wonderes how the competition between these new title-services and all the family support services already existing on the ground will be articulated. This request will be made several times by the speakers.

When it comes to childcare, it is clear that there is still a need, but since these service titles cannot be used by collective structures, this type of measure will not be able to meet this need. I wonder if this book really brings something. It is concerned that there is a risk of having only a substitution effect between existing services and new recognized services. The question is whether additional staff will be hired. If this were not the case, she believes that it would be a pure subsidy from private companies. by

by Mr. Viser believes that the proposal is on the right track. He asks why there are differences in translation. In French, we speak of "titles-services" while in Dutch, we retain the old name "dienstencheques". It is concerned about the problems of complementarity and competition between existing services and new services that will be authorised, ⁇ in the field of humanitarian aid. He asks Ms. Onkelinx, who signs her agreement, to clarify that rest homes cannot resort to this type of measure. by

by Mr. Viseur still asks how we can reconcile the low qualification of workers seeking employment in this type of sector with the need to offer quality services. by

In addition, Mr. Viseur and other stakeholders question the problem of limiting the budget. At present, only one billion is planned at the federal level. This can quickly be insufficient.

by Mr. Viseur and other stakeholders ask themselves how the person enrolled in an ALE type structure will feel concerned by a new structure of social economy. This will result in competition.

He reminds that the needs met by these titles-services could also be by this insurance "dependence" of which we talk a lot but which never comes to light. However, he remains very attached. He asks himself above all about the exact cost of these service cheques because in the project, there is nowhere indicated what will be the cost for the state and the regions. by

by Mr. Bonte expresses regrets about the Dutch-speaking version that has been revised somewhat in the meantime. He especially regrets the important delegations of powers that are granted to the King. There is an amendment to reduce them. by

Many people, including Mr. Bonte, are concerned about whether CPAS can also be recognized as licensed companies. They announce the filing of an amendment, which will be voted subsequently, to ensure that the workers concerned are considered as unemployed job seekers. by

Ms. Cahay is concerned about the risk of competition with small self-employed, ⁇ with regard to gardening jobs. Ms. Onkelinx will answer that gardening and grinding are not allowed by the system unlike the ALE system.

Van de Casteele is concerned about the possible confusion between the different systems that exist at present: ALE cheques, “health” cheques and service securities. This can lead to confusion among users. by

by Mr. Delizée is pleased that we come out of the separation between private and public sectors, between merchant and non-merchant sectors. He also appreciates that one can get out of the duality of the small boulots that could exist in the ALE system to evolve towards a more professional system. Since the regions are competent for the approval, it is concerned about the possible risk of a variable geometry system, where the services offered would be different in the three regions. He wants to verify that interim agencies cannot be licensed, which is confirmed. This is the most important thing, Mr. President.


Rapporteur Jef Tavernier

Mr. Speaker, Mr. Minister, colleagues, it is with great pleasure that I publish this report, Mr. Leterme.

Before the entire discussion on the reform of the personal tax is carried out, the Government has submitted a separate bill amending Article 38 of the Income Tax Code. That article concerns the contribution of the employer in the travel costs from the place of residence to the place of employment. This is commonly referred to as housing-working traffic.

The provisions of this bill relate to the income for 2000, i.e. the financial year 2001. It is on the brink that this bill can be approved in the House before the last of us make their declaration of the income of the year 2000. The purpose of this bill is to promote mobility and promote common transport. On the one hand, employers will be able to make a higher contribution in the cost of subscriptions to public public transport, and on the other hand, the larger intervention of the employer on behalf of the employee is not taxed at all, which, of course, constitutes an incentive to public transport.

A number of comments were made.

Mr Pinxten stated that this case should actually be addressed during the global discussion of the personal tax reform. Mr. van Weddingen raised the rightful question of the budgetary impact of this case.

As regards that budgetary impact, the Minister of Finance replied that, especially for the financial year 2001, the impact is quite limited and that there is no budgetary risk of a disruption of the public finances.

After this explanation, with those comments, this draft was approved with 8 votes for and 1 abstinence.

Mr. Speaker, allow me to go beyond my role as a reporter for a moment to give a very short comment and also to ask a question that I would like, if you can contact the Minister of Finance, to be answered.

I have another question concerning a measure relating to the income of the year 2000. A number of persons have made their declaration on the basis of the existing known legislation with limitation of the intervention of the employer. How can they, if any, add an addendum to their declaration or point out to the auditor that in Parliament, although on the run, an improvement in the remuneration for residential work traffic is approved? How can this be resolved? Should employers pay attention to their employees? What are the possibilities? Or will the Tax Administration automatically apply the more favourable tax treatment, even if it was not so indicated by the employees? It is a practical question to which we would like to get an answer, either today or tomorrow before it is voted on. It is important that this should be included in the report of the plenary session.


President Herman De Croo

The rapporteurs refer to their written report.


Yves Leterme CD&V

Mr. Speaker, I would like to express my thanks to Mr. Tavernier for his report. His willingness to submit a verbal report sharply contradicts the lack of a verbal report on budgetary control and the Programme Act. Mr. rapporteur, I thank you for the work you have done here.

It is obvious that we will vote on the proposed amendment to Article 38 of the Income Tax Code, but we still have a few questions. Can you call the Minister of Finance, Mr. President? There is no Committee on Finance today and the draft concerns Finance; therefore I find it normal that the Minister of Finance is available.


President Herman De Croo

Please note the following correction. The 1281/3 document only contained the name of Paul Timmermans on the front page.

I find that Ms. Genot was well co-rapporteur: according to the signature but not according to the title.

I think mr. Langendries wants to intervene.

I let it check. Mr. Leterme, do you talk further or do we move on to another topic?


Yves Leterme CD&V

I consider it a devolution of Parliament when all rapporteurs refer to their written reports. That cannot be.


Raymond Langendries LE

I would like to know if the Minister will be present. Otherwise, I will not intervene.


President Herman De Croo

I propose that this issue be discussed in the Conference of Presidents in order to reach an agreement. In principle, I can share your vision.


Yves Leterme CD&V

I assume that the staff of the Minister will be present — or the Minister of Social Affairs will convey the essence of my question.


Minister Frank Vandenbroucke

Mr. Speaker, I agreed with Ms. Onkelinx that I would replace her. The problem is that she is currently attending a committee meeting.


Raymond Langendries LE

In this case, I would rather intervene tomorrow, on the occasion of the vote.


Minister Frank Vandenbroucke

Can you repeat the essence of your question?


Yves Leterme CD&V

The fact that all rapporteurs refer to their written report is, in my view, a devaluation of Parliament.

I haven’t brought them yet, Mr. Minister.

This bill is a good draft. The fact that it is now coming and for discussion is directly related to our position a few months ago, when we asked a question about the possible taxability of the 100% public interventions in the regular public transport subscriptions of the officials of the public authorities concerned for the income year 2000, account year 2001.

I do not mean it badly, but I would like to refer to our unfortunate colleague, Minister Luc Van den Bossche, whom I naturally wish a quick recovery. In the foulée of the municipal council elections, he had generously told the officials that they would be able to use free public transportation to and from work. Then it turned out that on the 100% intervention in the regular subscriptions for public transport a tax — or a tax surcharge as colleague Tavernier called it — would have to be paid. I remember that Minister Van den Bossche reacted that this was not possible and that it was a hospital jorum; it had been anticipated and resolved for a long time.

Today we are discussing a bill and tomorrow we will vote on the adjustment of Article 38 of the Income Tax Code in this area. This proves that at least that time Minister Luc Van den Bossche was not at the right end. Like colleague Tavernier, we were right that a problem could arise with regard to the taxability of that intervention, which required an amendment to the Income Tax Code.

In his explanation, the Minister of Finance referred to the other measures for the housing-working movement contained in the pending bill concerning the reform of the personal tax. This bill contains a number of new regulations, sometimes complex and in certain points bad for the CVP, which, though, pursue a praiseworthy goal such as a greater importance of collective transport in residential-working traffic, the fight against traffic jams and more attention to cyclists and pedestrian traffic. However, it is a mystery to me why one does not immediately work with the basket. The policy note, the government agreement and the passage on the reform of the personal tax refers more than once to the system of baskets that would be introduced, among other things, in the deductions for the residential work movement. I repeat that it is a mystery to me why one does not work with a basket but develops a punctual measure.

Even darker is the reason why this small bill was not included in the large draft of personal tax reform. The most obvious reason may be that the Minister of Finance, at the time the problem arose — rightly ⁇ — feared that his large draft of tax reform could create problems. That is ⁇ the most obvious reason. Therefore, the Minister has chosen to solve this problem with a small bill.

In the printed document 1267/2, the report which Mr. Tavernier presented in an excellent manner, there is a passage difficult to understand for the CVP group on the budgetary cost of this measure for the financial year 2001. My questions relate to this.

The calculation of the budgetary cost cost made in the framework of the present draft is also important for the calculation of the cost cost of the measures contained in the overall draft reform of the personal tax. I believe that the incoherence for the financial year 2001, income 2000, will take place from October. The incoherences containing the amount to be repaid by or returned to the taxable person — the incoherence is to clarify the tax debt on both sides — are settled approximately two months later. This is stated in the report. This system of incoherence could also be applied in relation to the measures to reform the personal tax. I do not understand the Minister’s response. Since 18% of the number of incoherences occurred in 2001, I assume that about a third or 6% will be effectively settled in 2001.

I assume that about one-third of the 18%, i.e. 6%, will be effectively settled in 2001. You can find that logic in the report of colleague Tavernier. If I calculate the total cost of this measure, which is calculated at cross rate on an annual basis at 510 million francs — taking into account the negative and positive incoherences — I get an amount of 30,6 million francs. I could then perfectly apply this calculation for the calculation of the measures of the large draft that we will discuss in the coming weeks and on which we will vote.

I suspect that this calculation for the report was also communicated in writing and added subsequently. To my surprise, I read in the report that the budget cost price is only 10.2 million francs, notably 2% of 510 million francs. According to the Minister, this is due to the negative incohesions that for the financial year 2001 should be charged not to 18%, but to 6%.

I would like to have received an explanation from the Minister about the correct meaning of the term "in these negative incognitoes". This is important to be able to assess the measures taken with this design, but also to be able to test it to the reality. Why could there be "in this" of a negative incognition, since one cannot be addressed with a refund of a negative incognition. No, it is an advantage that is granted and that can only work positively.

On the draft law on the reform of the personal tax, rapporteur Tavernier issued an excellent report. However, the question arises how we have come to the reasoning of the 2%.

Mr. Minister, is my reasoning correct that if 18% of the incoherences are accounted for in the tax year itself, only 6% is effectively accounted for through payment by or refund to the taxable person? This is not of any political interest "spent" to say with the words of the President, including for the accounting of the phased entry into force of the reform of the personal tax as well as for the debates that will be held on this subject in the coming weeks. Their

Until then a brief explanation on this draft, to which I see the Minister’s response. Their

Mr. Speaker, since we are at the basis of this concrete draft, we would very much like to follow up on this draft.


President Herman De Croo

I take note of it.

I propose that this issue be considered in the Conference of Presidents in order to reach an agreement on this point. In terms of principles, I can agree with your position.


Rapporteur Marie-Thérèse Coenen

The two members who wanted to speak decided to do so in the plenary session. Therefore, there is no need to issue a report. However, one committee is not the other.


Trees Pieters CD&V

Mr. Speaker, I also regret that the Minister, Ms. Onkelinx, is not present here for a draft law to which she apparently attaches so much importance and which she had to study so long before it came to the table here. Now that we have to begin the plenary session, she is absent. The same goes for the majority. In the committee meetings we were constantly confronted with the partial absence of the majority, so we could not continue to work. I do not think that is good. I therefore ask you to inform the ministers that their draft laws are being discussed here so that they can be present.

I would like to thank Mrs. Genot for the report she brought. In general, she expressed the concerns of our party.

Initially, I pointed out that the memory of explanation is written in a horrible language. The original text was written in French and that is clear. No effort has been made to get a good translation service to work on that document. I find it scandalous that we are confronted with such Dutch texts. The Minister has apologized for this. That is, of course, positive, but it does not change anything, the fact is that the text remains unchanged. Therefore, my comment on the bad Dutch I do not take into account.

When asked about service cheques, neighborhood services and Local Employment Agencies (PWAs), the Minister has repeatedly held himself responsible in the committee for the long follow-up of this bill. The reason for this was that she had to consult very many bodies, such as the State Council, Europe and the National Labour Council.

We have faced the Minister with the following two issues. First, as regards the European dimension, a letter from the Permanent Representative of the European Union has soon arrived. He told the minister that it should not send that draft to Europe. The “Europe” argument is therefore gone. Secondly, the Minister received an opinion from the National Labour Council on 18 July 2000, supplemented by a very large number of comments. One of the NAR’s questions was that when the bill was submitted, the National Labour Council could re-examine the case and give an opinion. However, the Minister does not find it useful to re-consult the National Labour Council and has therefore no longer submitted the draft. Meanwhile, two years have passed since the abolition of service checks. Tomorrow we can finally go to the vote. Therefore, an incredible amount of time has been wasted on things that were predetermined but never completed.

The Minister has incorporated the draft into the employment policy. This is a federal authority. On the contrary, the activities covered by the neighborhood services are merely forms of assistance to persons. Consequently, the State Council concluded that it was a regionalized matter. We have warned of a conflict of interest with possible suspension of the procedure. This conflict of interest is currently being discussed urgently in the Flemish Parliament. We are still waiting for the outcome of this discussion.

In order to highlight the importance of the opinions of the NAR, I would like to highlight elements of the opinion of 18 July 2000. The NAR explicitly requests to be involved in the evaluation of the system. In the second instance, the NAR requests that the same conditions apply to all employees and the three regions. This has not been addressed, neither in the original bill submitted to the NAR nor in the final preliminary draft submitted to the Chamber. Thirdly, the workers’ representatives speak of the lack of pre-examination and evaluation of the existing service offering and the existing needs. The provisions of the design lead, according to the NAR, to a stacking of various unstructured systems, which can be confusing for the potential user. I would like to add very clearly that such draft laws do not fit into what good governance should be. Fourth, workers’ representatives warn of the possibility of shifts from the existing supply of services to the newly proposed system, which could ultimately not generate job growth. Employers, for their part, are calling for an equal recognition scheme for the three regions. The NAR therefore remained with a number of questions to which he did not get an answer. I have said this very clearly to the Minister, which Ms. Genot also communicated in the report. However, the Minister has made clear that it has absolutely not considered appropriate to consult the NAR in second instance. The comments of the NAR will form a red thread through our presentations.

The new system of service cheques is being established because there are still many needs. This is stated in the first paragraph of the draft. However, we must note that the aid to individuals — I speak from the Flemish context — has been developed very strongly. Numerous organizations have taken initiatives in the past to meet new needs of individuals and families. Well-known examples are washing services and home care. These services were incorporated as a result of the increasing labour participation of women and the increasing life expectancy from the philosophy that people should stay in the familiar home environment as long as possible. A previous attempt to attract new market segments primarily for long-term unemployed, which is also included in this bill, were the PWAs. PWAs can be regarded as an employment measure as they are intended to employ unemployed and thus allow them to flow into the regular labour market. The PWAs had to ⁇ new objectives, firstly creating employment, secondly responding to the new needs of the families and finally whitening black work. We can ask ourselves what the added value is of the neighborhood services that are now being discussed. The service cheque, which was created by the former Minister of Employment and Labour, was mistakenly named service cheque. I admit that. It could have been better called a trade cheque because it is situated in the commercial sector, namely the painter and tapestry sector.

It was intended to provide oxygen to a very limited market segment, in order to eliminate black labour, reduce the cost of these cheques and ultimately promote employment. Further than an experiment, this trade or service check did not come. Several problems arose because only a limited budget was provided and because the demand was ⁇ large.

When the new government came into office, the budget was exhausted and therefore new resources had to be allocated. However, the Minister of Employment immediately commissioned a study by the ULB. This study showed that the employment effect was not what was eventually expected.

We have always emphasized that this was impossible because the system was very fragmented and because of the limited resources that were allocated. In 1999, the number of painter companies-acceptants was 3,708 and the number of users rose to more than 18,000. More than 15,000 cheques were sold for more than 13,328 million Belgian francs. 83% of them went to Flanders, 13.7% to Wallonia. The service cheques or trade cheques were ⁇ good. I submitted a new proposal that included a number of adjustments due to identified shortcomings.

Before I speak, I will let the Minister and colleagues speak.


President Herman De Croo

This shows that small designs can trigger a lot of discussion and large designs a little.

Mr. Minister, I would like to point out some things. A few days ago, Mr. Langendries has requested your presence in the session. I replied that Minister Vandenbroucke would replace you, since you should be present in the Senate. Therefore, I would like you to have a separate discussion with mr. Anthuenis, but I think you chose the wrong time to do so.


Marie-Thérèse Coenen Ecolo

The two members who wanted to intervene decided to do so here, in plenary session. There is no reason to report. One commission is not the other.


Minister Frank Vandenbroucke

Mr. Speaker, I have just heard that the issue that Mr. Leterme raised here was already discussed yesterday in the committee and that the Minister gave a response there. Allow me to refer to this.

As regards Mr. Tavernier’s question, I propose that I pass it on to the competent minister, who will answer it as soon as possible.


Trees Pieters CD&V

Mr. Speaker, colleagues, after two years, the service checks are repaid, although with a pronounced "service" character. Again, they wanted to operate “neighborhood services”. The planned activities are already offered today, including to health care dependents in society and it is mainly the OCMWs and the pillar-linked organisations that have committed themselves to developing this market segment of aging and family assistance. It will be a coincidence that these services have been developed more strongly in Flanders than in Wallonia.

Mr. Minister, within the framework of an active welfare state, child care must ⁇ be expanded, but also here there is already a broad offer, again stronger developed in Flanders than in Wallonia. The draft explicitly states that collective structures for childcare are excluded. This means that childcare institutions cannot receive checks.

Mr. Minister, would this mean that childcare services are excluded from the scope of the law, thereby entering into the scope of their performance as self-employed workers only? That frightens us, because this is not the context in which we and you have asked for receiver holders.

I have a second observation on the added value of this proposal. They want to organize new activities, but these activities are already organized. Do you want to provide a solution to the demand of the host families for a valid status? Is this the channel that is chosen to answer this question? Mr. Minister, using the neighborhood services to grant a status to the host families is not the correct application of the legal provisions of the labour law and the right to social security that the recipient parents demand. If this is your intention, it is perfidious and unacceptable for the host families.

In the budget, 1 billion francs are registered at the expense of the federal government. The regions concerned would have to add 1 billion francs each.

The accountability of this measure is nonexistent: it is claimed that the existing needs are not met. Nevertheless, there are services that provide in the offer of the intended services of the design. The fact that demand is greater than supply is a fact. It would be better to expand the offer. Now the question is being questioned. In addition, the demand will rise, given the fiscal favourable regime of the check. The demand will shift from unrecognized services to recognised services within the framework of this law. Currently, we do not know which company will receive recognition or not. We do not know the criteria either. We have reached a cooperation agreement. The danger of an imbalance is therefore unimaginable. The assumption that some needs are not met today will therefore be even stronger in a few years than it is today.

The starting point of being able to present this in Parliament is that it is presented as an employment measure. In our view, however, the employment-creating nature of this measure is entirely non-binding. It occurs only in the definition of Article 2, 3°: either the criteria for recognition are to be included in a cooperation agreement, or companies can be recognised and use service cheques without hiring additional personnel.

The Minister also informs that through this bill it seeks to reduce gender-based inequalities. With this bill, she aims to make it more attractive for women to enter the so-called new activities. We are convinced that there is no continuous activity being created here. This is a temporary solution to female unemployment. After all, the budget is limited and if the resources are exhausted, these women will fall back into unemployment. It would have been much more useful to take structural measures to address female unemployment and to expand these activities, which are already existing activities, through the already existing supply.

Childcare and elderly care are not new activities. What new economic activities will these activities, linked to the service cheques, generate? We have asked the Minister several times. We have not received any response to this. We are therefore convinced that here no new activities will be created, but that new subsidy channels for existing activities will be created.

The King may specify or extend the scope. There is, therefore, a clear danger that the federal government is exceeding its powers here. This danger is explicitly mentioned in the opinion of the State Council. The measures taken by the federal government should be limited to mere aspects of employment and should not contain any substantive arrangements for the aid granted, as such assistance falls within the competence of the Communities. The conflict of interest that is currently being dealt with will have to exclude this.

Mr. Speaker, Mr. Minister, this draft is linguistically incredibly poorly drafted. If it reflects the intention of the government, a far from full-fledged status will be the result. For Flanders, it makes no sense to ratify this draft.


Yves Leterme CD&V

There is a political line in the budget adjustment and in the program law. There is also the view of the opposition. We should be able to address this on the basis of a report. It is unacceptable that the rapporteurs send their cat or only refer to their written report.


President Herman De Croo

I also think it is better that Minister Reynders, who is still in Liège, responds tomorrow before the voting.


Yves Leterme CD&V

Mr. Speaker, I agree with this.

I would like to point out – I call on colleague Tavernier as a witness – that this issue was not discussed at all in the committee yesterday, contrary to what Minister Vandenbroucke today claims.


Minister Frank Vandenbroucke

Mr. Speaker, I would like to interrupt Mrs. Peters for a moment. The policy, as it is currently outlined, does not provide that recipients would be paid through this scheme. However, there is the possibility to pay a child care provider, who comes home to a sick child, with service checks. However, the current draft does not relate to the system of recipients, which is under discussion in Flanders. Mrs. Peters, I do not know what the government will think of in the future. I cannot answer questions about our possible intentions. With the design as presented today, we want to provide a solution for the care of sick children at home. This scheme is not intended to support recipients.


Yves Leterme CD&V

One can ⁇ discern a political line in the budget adjustment and in the law-program. But there is also the opposition’s point of view to be taken into account. This must be subject to a report. It is unacceptable that the rapporteurs steal themselves or only refer to their written report.


President Herman De Croo

I will discuss this issue at the Conference of Presidents.


Trees Pieters CD&V

Mr. Minister, I am pleased to hear this from you. That fear really existed. With the recent protests of attendees, he has grown even more. I had previously asked the question to Minister Onkelinx, but I received no answer. So I’m glad you confirm me that this is not the channel.


Jef Tavernier Groen

Mr. Leterme is right. This aspect has not been raised and therefore has not been replicated.


Minister Frank Vandenbroucke

Mrs. Peters, I want to give a clear answer. However, when you ask me about our intentions for the future, I cannot answer you. I can only tell you what the situation is today.


President Herman De Croo

I will therefore raise the issue at the Conference of Presidents.


Yves Leterme CD&V

Mr. Speaker, it makes sense for me to highlight the point here, as it was expressed in the excellent report and was not discussed yesterday.


Trees Pieters CD&V

Mr. Speaker, I would like to emphasize that the government has apparently learned nothing from the previous experiment with service checks, in terms of legal certainty for users. We have repeatedly observed that people bought service checks but were unable to repay them later. Here we are faced again with the same principle. As we work with budgets, it will now also be a question of who comes first, who sets first. This is a flagrant violation of the principle of equality.

Mr. Minister, when you apply this principle, the weakest and most needy in our society will often last or not at all be eligible for this scheme. You have clearly stated that the maximum amount has already been fixed. I remember clearly the relevant question I asked you in the Social Affairs Committee. You say the budget is fixed. The issuance of cheques can therefore only take place within the limits of the budget. You have also pointed out that it will not be possible to issue more cheques than is budgetarily possible, because you will automatically block the issuance of cheques once the budget is exceeded.

I assume that you have learned nothing from the past, because this creates problems.

The fact that the communities and regions can use different recognition criteria has resulted in a different scope of application, which makes "shopping" work in hand. It is therefore unthinkable that a Flaming who lives in the border region will test the services in Wallonia. In this way, he can find out where it is most advantageous for him or her to buy these services. The agreements between the user and the company are not specified in terms of content which will create difficulties with regard to evidence, security and liability.

We are very unhappy with the many royal decrees that have yet to be executed. This is almost a law of authority. Each article is accompanied by a royal decree to provide specific clarifications.

Mr. Speaker, Mr. Minister, colleagues, until then a few comments on this bill that does not meet our expectations.


Michèle Gilkinet Ecolo

Articles 54 to 60 of the Program Law provide for the establishment of the Federal Agency for the Reception of Asylum Seekers. It asked how the Agency would be connected with the Voluntary Return Office and how Parliament would be involved in the reception policy.

The Minister responded that the Agency will only be able to assume the tasks of the administration. Its enumeration in the law was necessary in order to be able to establish a para-state of type A. The Agency is a mere management tool and has no political dimension.

Together with the Minister, we have decided that the debate on the quality of the reception should take place in the joint committees of the House and Senate and, for example, Mr. Cornil’s proposal can serve as the basis for this.

You will receive the annual report of the Agency.


President Herman De Croo

Mr. Minister, can I ask you to inform Mr. Reynders that I expect him to answer the questions tomorrow before the vote? The full report will be available.


Pierrette Cahay-André MR

Mr. Speaker, Mr. Minister, dear colleagues, the bill that is submitted to us and which aims to promote the development of services and nearby jobs through a system of titles-services aims simultaneously to three objectives: to create jobs, to meet various social needs currently unsatisfied and to suppress illegal work. The creation of service titles adequately meets this triple objective.

The social evolution has created new needs, related to the evolution of lifestyle, the increase in the rate of female activity, the increasing appearance of single-parent families or the specific needs of an increasingly older population, raising a potential demand for proximity services. These needs are currently unmet, or partially met, by means of illegal labour. by

The title-services system is able to address this shortage by creating real jobs in people-near-to-people services, guaranteeing an improvement in the quality of life for users. There are potentially millions of hours of work available in this area. Access to this huge market is a simple and effective way for job seekers to enter the labour market or to optimize their activity there. by

This possibility is even more appropriate as it is offered to candidates, most often low-skilled, for whom the labour market is currently unwelcome. The periodic evaluation of the measure shall allow to make a balance of the measure and, where appropriate, to provide for its adjustments. We can only approve a project whose principle we had advocated since, in a pragmatic way, it is largely likely to simultaneously meet the objectives of meeting new social needs, born of the evolution of everyday life, the creation of jobs for the benefit especially of low-skilled job seekers while collaborating, not a negligible factor, to the budgetary balance of social security and to the fight against illegal labour.

For all these reasons, Mr. President, Mr. Minister, Dear colleagues, the PRL group FDF MCC will approve the bill that is submitted to us today.


Minister Frank Vandenbroucke

Mr. Speaker, I am informed that an employee can provide an immediate response. Please wait a few moments.


Michèle Gilkinet Ecolo

Articles 54 to 60 of the Program Law concerning the establishment of the Agency for the Acceptance of Refugees. The question was asked about what would be the link of this Agency with the Bureau for Voluntary Return, and how the Parliament would be involved in the development of the reception policy.

The Minister responded that the Agency could only regain the tasks of the administration. Its insertion into the law was necessary for the creation of a type A parastatal. It is only a management instrument, without a political dimension.

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We thought, in agreement with the minister, that the debate on the quality of reception should be held in a committee meeting with the Senate, based, for example, on the proposal Cornil.

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The Agency’s annual report will be sent to you.


Hagen Goyvaerts VB

This program law is again and again a collection of all sorts of amendments of laws and the establishment of all sorts of institutions. Thus, every debate is broken into the germ. Their

In addition, some issues are quickly settled through amendments. I think of the use of the IPC by the Cabinet of the Prime Minister. The new era of communication begins through a "Slang Grip" with the abolition of the federal intelligence service. Also in the center of Pater Leman some political creatures are dropped. All this is in sharp contrast to the beautiful principles of Copernicus. The Prime Minister’s services are increasingly acting as a ministry of truth, which in “newspeak” approaches citizens. The majority parties let this bear. This is not surprising for the French-speaking parties who have never been in favour of an open information policy. But the Flemish parties also remain silent. The political content is irrelevant — only the popularity of the government counts. This is typical of undemocratic regimes, everywhere in the world. Their

In the social security sector there is again a deficit of eight billion francs, after that of 16 billion francs in 2000. In that sector, the annual surpluses, including in clinical biology and medical imaging, are only delayed in the budget. This is accounting camouflage. Numerous Jadotrapports and other scientific studies have already pointed out the differences between the North and the South. This government has no fundamental solutions to the existing consumption differences and does not take any initiative to transfer the health problems integrally to the regions. However, only this can prevent the differences between regions from continuing to weigh on the federal budget. The amendment that was submitted does not provide a substantial solution, it is only an accounting intervention.


Guy D'haeseleer VB

Mr. Speaker, contrary to what one might think on the basis of the report of Mrs. Genot, the Flemish Blok has indeed a number of fundamental comments. Mr. Minister, also we, as Flemish Blok, believe that the system of the service cheque can be a useful tool in the fight against illegal labour and, of course, can be a useful tool for reintegrating low-skilled unemployed into the labour market with a full-fledged employment contract. The draft law on neighborhood services and neighborhood jobs was actually meant to be an alternative to the system of service cheques that was introduced in April 1999 but which was reversed by the Minister of Employment already after several months. The reason was then stated that the system was too expensive and that there were hardly any results in terms of additional employment. We already realized, almost two years ago, that these arguments do not actually cut wood. The Minister knows that the message the government sent to the sector itself, namely that it was only an experiment that needed to be evaluated, is the main reason why the draft on employment did not lead to the desired result.

There was, therefore, a fundamental problem of continuity of the system which caused the companies concerned to be reluctant in terms of employment. I am convinced that almost half of these companies, if they had a prospect of a sustainable scheme, would be willing to recruit additional manpower, as evidenced by the studies conducted in this regard. The system indeed became popular and after a few months the fixed budget had already been summed up. In total, more than 17,000 cheques were issued for a total amount of approximately 378 million francs. These figures prove that there was a great demand from the general public for wallpaper and paintings to be performed as if in the white, so that jobs that were previously situated within the illegal labour could be redirected to the normal economic circuit.

One of the main objectives of the service cheques was, in my opinion, to engage in the fight against black labour. The figures showed that the workload of the companies involved increased sensitively. The main reasons for the discontinuation of the previous system have, of course, all to do with the fact that the service checks were especially popular in Flanders. Flanders had a share of as much as 86% in this system of service cheques. You know, Mr. Speaker, that this Minister of Employment does not immediately ... (incomprehensible), so done with the service checks and there would be an alternative

As regards the new system, we note that the term neighborhood services is limited to household assistance, childcare and home assistance to the elderly, sick and disabled. We are aware that there are still many needs in this area, but we would like to draw attention to the fact that ⁇ in Flanders in this area numerous initiatives have already been developed. Furthermore, the PWA system is also active in this area and especially in the field of household assistance.

From now on, small maintenance works such as paintings, handicrafts or garden maintenance will no longer be eligible, despite these being the sectors where the undeclared labour is very tired. It should also be noted that in relation to the materials used, the proportion of the factor labour with 75 to 80% is very large in this sector.

With regard to funding, we have some questions about the mechanism that was built and which should allow to stay within the budget provided. If the neighborhood services prove to be a great success, it is perfectly possible that every year after a few months the system will be suspended for the rest of the year once the cents have exhausted. I believe that the approved undertakings will not be immediately inclined to recruit additional workforce if the continuity of the system is not guaranteed. The system of service cheques that you have abolished is a perfect example of this. In fact, we fall into the same sin.

As regards the assessment of the impact on employment, the Minister refers to the semi-annual report, which will be prepared on the basis of the information received from the relevant joint committees. Even before the closure of the system of service cheques, the Minister was constantly referring to reports and studies which we never got access to. Even now, there is no guarantee that Parliament will have access to the evaluation reports.

As regards the State Council’s opinion, a number of fundamental comments remain. I continue to wonder why the State Council was suddenly asked for the highest urgency when it is known that almost two years have passed between the suspension of the previous system of service cheques and this new bill. For instance, the State Council argues that, within the time granted to it, no thorough examination of the legal and linguistic quality of the draft has been possible. Furthermore, the State Council has serious questions with the delegations of powers to the King. However, it is desirable that the scope of a regulation and all its essential elements in the draft law itself be regulated by the legislature. As a result of such extensive delegations of powers to the King, the State Council has not been able to make a full judgment on the conformity of the system with the rules governing the powers of the federal government, the communities and the regions.

You know that the problem of the limitation of powers is very easy to solve in our opinion. This can be achieved by transferring the full competence on employment and this in all its aspects to the sub-regions so that one can finally implement a policy that is tailored to the needs of the sub-regions. We also hope that once the cooperation agreements have been signed, we, as Parliament, will also have access to these documents. Mr. Speaker, I conclude by saying that this bill is not a good bill. It is a missed opportunity. Therefore, we will not approve the draft.


Jean-Marc Delizée PS | SP

Mr. Speaker, Mr. Minister, dear colleagues, it is often said that proximity services constitute a field of employment, an unused potential. We discussed this during the committee debate and the question we are asking is how it is possible to transform this unused potential into real jobs and, consequently, to bring back black work in that niche.

It should be noted that the development of proximity services is often accompanied by the use of alternative forms of work, in particular by workers included in unemployment resorption programs and also by providers of local employment agencies, self-employed workers, volunteers or even people who work in the black. I think we all agree that we must do everything we can to bring back black labour, to bring back this form of underground economy. Sometimes some families take care of themselves.

These forms of work may be accompanied by an implicit or explicit objective of socio-professional insertion of disadvantaged audiences such as, for example, in structures of social economy. The co-existence of a plurality of workers with very unequal status and variable qualifications in various fields of activity raises problems for both users and workers.

First of all, the profile of these workers poses difficulties for the establishment of a network of professional, quality and long-term services. Further, while the cheap benefits offered in the context of certain integration initiatives may constitute an alternative to black labour, they remain no less a form of competition against certain authorised services such as the family support service that employs workers engaged under conventional contracts. Finally, from the point of view of the workers themselves, differences in terms of income, working conditions, social protection and professional image – which are too often forgotten – undoubtedly create a problem of equity but also sometimes an additional administrative work due to the multiplication of types of contracts and financial aid.

While today many needs remain unsatisfied, a comprehensive reform is necessary both in terms of the supply of services, including the quality of jobs created, and in terms of demand.

Indeed, the development of a structured and plural supply will not automatically affect household consumption. Similarly, a consumer subsidy does not, however, officially guarantee the adequate development of a quality offer to meet the increased demand. Both must be combined in order to find a satisfactory solution.

Moreover, significant public intervention is all the more justified in the presence of service intensive jobs with low productivity. This is a matter of general interest and fairness regarding access to these services. On the other hand, relying on the development of proximity services solely on market rules implies undeniable risks of dualization. Thus, in the field of home aid, for example, it is known that the ability for dependent elderly people to remain in their natural living environment is heavily conditioned by their monetary capacity to cover the high cost of multiple and daily services. The same reasoning can be followed with regard to childcare.

The bill that we are about to consider today and vote tomorrow responds positively to the whole of this problem, although the main part will depend mainly on the content of the cooperation agreements to be concluded and the adoption of a series of enforcement orders. We had said it in the committee and I repeat it after the intervention of Mrs. Pieters who poses a series of questions on the manner of execution. Today we cannot answer all these questions in detail because, in a second time, after creating the legal basis by adopting the law, cooperation agreements must be made. There has ⁇ already been a lot of discussion on this subject. It is still necessary that the execution stops complete the device to enter into all the details, in the methods of application of the system.

It is therefore a question of structuring the supply in the sense that the objective is to develop a potential market allowing both the market chain and non-market chain to join a coherent network of proximity service providers, in which quality and safety are guaranteed.

The role of regions is crucial. This has been emphasized many times during the work of our commission. Regions will have to set the criteria for the approval of candidate companies to the service securities system, on the basis of a cooperation agreement with the federal state, as I indicated a few moments ago. Hence the importance, in this context, of public co-financing to support a sustainable structuring of this supply adapted to a large social demand.

The requirement of the quality of the services is correlated with the professionalization and qualification of the workers concerned. Here too, the regulatory role of the regions is essential because it is precisely the regions that hold the solution to remedy the training deficit that we see today in proximity services. While household services require less demanding qualifications than people services, a number of safeguards are needed to ensure a confidence offering to potential consumers.

It is also important to abandon a policy that can be called social treatment of unemployment. The existence of real labour contracts, thus subject to common law, is also capable of bringing a valuable image and confidence in the work of proximity, in the same degree as the other condition for granting the subsidy.

We welcome this orientation, which is embodied in this bill and which is radically intertwined with the system of local employment agencies. With regard to these, as we have already pointed out many times, it is necessary that the dynamics initiated by the law on the employment contract in ALE continue. The Minister, in fact, made reference during the work in the committee to the fact that, despite its advantages, the work in ALE still resembles the employment enhanced by the link of the worker to unemployment.

To address the problem of the duality that these two laws will inevitably create, the draft under consideration creates the conditions favorable for the engagement of persons currently registered in ALE in the links of a real employment contract, in particular through agreements with structures of social economy. This is a great thing and we will be attentive to this development.

If a demand recognized and solvable by the financial intervention of the State in the cost of the service has a beneficial effect on employment and the fight against the informal economy, it is also a guarantee of efficiency because the consumer subsidy directly translates needs into effective demand. by

Another advantage, and not the least, is that employment is provided there under the normal conditions of the labour market, which prevents the assimilation of activities to a form of domesticity.

We also said in committee that titreservice should be an instrument at the service of a real revenue redistribution policy. It can be understood that the government did not intend to introduce competition between ETAs and service securities, but it does not prevent that a subsidy decreasing, for example, according to the income or increasing according to the needs, would have, respectively, allowed to limit the potential effects of aubaine and eliminate the effects of deflation. We therefore ask the government to think about this modulation, especially when it is necessary to extend the scope to other activities. There will ⁇ be a stage of evaluation of the results of this device. by

Here, Mr. Speaker, Mr. Minister, Dear colleagues, if the interest in the work of the proximity services reflects a political will to fight unemployment, especially those of the least qualified, this bill is also carrying a company project that recognizes the plurality of collective issues and the need to contribute to their settlement and development in a sustainable way. It is a project that redefines public priorities in order to give different operators a work horizon, future prospects and respond to field realities.

We further insist that, for us, the promotion of a new plural and partnership economy involves two things:

1 of 1. There must be separations between the merchant and the non-merchant, the economic and social, the private and the public. This is in the report. Mrs. Genot recently reminded her of it. As public authorities recognize the collective profits generated by certain proximity services, and therefore intervene in the control of their quality, we see no reason to limit access to subsidies only to companies in the non-market sector. 2 of 2. We must go beyond a reductive vision that proximity services are limited to an insertion sector for long-term unemployed. by

This draft law in a comprehensive way meets our expectations. We will support him and wish him full success.


Hagen Goyvaerts VB

This law-program does not bring anything new: it is only a sum of adjustments of existing laws and will result in the creation of all kinds of institutions. Therefore, it is impossible to conduct a real debate. by

In addition, some things are quickly resolved by amendments. I think in this regard of the exploitation of the ICC by the Cabinet of the Prime Minister. This inaugurates the new era of communication through a perverse manoeuvre, namely the abolition of the federal information service. He also did not hesitate to parachute some political creatures at the Father Leman Center, in violation of the principles of the Copernic Reform. The Prime Minister’s services are increasingly taking the appearance of a Ministry of Truth. The majority parties are allowed. On the part of the French-speaking parties, we should not be surprised: they have never been in favour of the implementation of a true information policy. But the Flemish parties, too, are silent. Political content is irrelevant. It only depends on the popularity of the government. This is the characteristic of non-democratic regimes around the world. by

Social security is facing a deficit of eight billion francs. In 2000, there was already a deficit of 16 billion francs. Annual excesses, in particular in clinical biology and medical imaging, are reflected in the budget only with a certain delay. This is an accounting makeup. Jadot reports and numerous scientific studies have continuously highlighted the consumer gap between the north and south of the country. This government has no solution to propose to remedy it and does not take any initiative to transfer health care in its entirety to the Regions. However, this would be the only way to prevent these regional disparities from continuing to serve the federal budget. The submitted amendment offers no real solution, except in accounting terms.


Filip Anthuenis Open Vld

Mr. Speaker, Mr. Minister, the objectives of the measure are fully supported by the VLD as well as by the other parties. Indeed, it is our great concern to be able to create regular jobs for mainly low-skilled workers. However, the jobs envisaged by the service cheque system are low-productive jobs that are too expensive for individuals and, consequently, often fall into the grey or black circuit, or are simply carried out by them themselves. With the introduction of service checks, there is an affordable and taxally interesting scheme that apparently provides for a return effect of approximately 75% and sometimes even 95%. The system of service checks can contribute to the fight against illegal labour and facilitate the combination of family work for users. This also corresponds to the options formulated by the VLD in its employment plan.

However, we have some concerns and concerns. The system of service checks is considered to be complementary to the PWA checks. We preferred the PWA system to be fully integrated into the service cheque system. However, it is very important that the bill provides for tax equal treatment of the PWA cheque and the service cheque. In this way, individuals can choose between a regular worker and a working unemployed, or they can combine both. Regarding the scope, we wonder why small garden maintenance was excluded for neighborhood services. In the committee, the minister replied that this would create excessive competition between the companies involved. That explanation sounds plausible, but then we wonder why PWAs can provide that small garden maintenance and therefore enter into direct competition with the companies concerned. The biggest threat to the success of the service cheque system seems to us to be the PWAs themselves. What is the situation? Currently, approximately 15,000 people are active in the PWAs; they are exempted as job seekers. In most cases, these are co-habiting unemployed persons who, unlike single persons and family heads, are at risk of being suspended and can avoid this through the PWAs. In addition, it is often about unemployed with children who see in the PWAs a good combination of work and family. The system of service checks relates to regular jobs. This implies the flow of unemployed people into the labour market. However, a large number of unemployed are firmly anchored in the PWAs — which, by the way, cannot answer the question — and will not feel called to assume a relationship that, given all, will be financially insufficient or not more attractive than the PWA statute. In addition, it is now clear to what unemployment drops that PWAs have accomplished. I think a report from the High Council for Employment recently went in that direction. It should not be intended that PWAs collect the target audience for service checks. It may be time for us to question the exemption for PWAs again.

We must take care that service checks do not become a deadborn child. In the committee there were a number of comments in the amendment to the famous Article 3, paragraph 2 . It stipulates that an approved undertaking must have the services performed by an unemployed jobseeker who is hired for this at least on a part-time basis. This is where you put the chariot for the horse. It is intended first to create additional economic activity, which must result in additional hiring. Companies should not be required first to carry out additional recruitment in order to be able to carry out additional activities, in this case in the context of neighborhood services. Otherwise, I think this new system will have little success.

We welcome the fact that the report stipulates that authorised undertakings are not required to hire an additional employee before entering the service cheque system. The Minister of Employment told me just in the walkways that this is the intention; that delights us.

Since the introduction of the service cheques explicitly aims at additional job creation, we can naturally agree that a company that recruits an additional employee as a result of the increased activity due to the service cheques, then a non-working job seeking registered person with the VDAB, BGDA or FOREM must recruit. However, let it be clear that we wish to read Article 3, 2 in this way.


François Bellot MR

Article 37 of the draft regulates the transfer of the real estate to the police zones, with all related rights, duties and charges.

In order to ensure a fair burden distribution, a decision adopted in the Council of Ministers will determine what is allocated to each municipality.


Paul Timmermans Ecolo

Mr. Speaker, Mr. Minister, dear colleagues, it is not the envy that I lack to express myself here because of a certain frustration of not being able to do so within the committee, because of a fall of what serves me as a horse — I am talking about my bike.


François Bellot MR

Article 37 of the draft regulates the transfer of immovable property to the police zones, with the rights, obligations and charges attached to them. by


President Herman De Croo

Everyone has their own mount, Mr. Timmermans!


François Bellot MR

In view of a fair distribution of charges, a royal decree deliberated in the Council of Ministers shall define what each municipality shall receive. De ontwerptext van artikel 248ter betreft de door de Regie der gebouwen gesloten huurcontracten om ambtenaren die naar de politiezones worden overgeheveld, te kunnen onderbrengen. by


Paul Timmermans Ecolo

Everyone has their own way of life. This is probably not the issue here and I will merely take a relatively critical look at this project, after all the debates of which quality must be recognized.

In the preamble, I would like to highlight a number of elements before returning to two points of content. by

1 of 1. I would like to emphasize as to the procedure, the interest of having allowed a real debate on this problem while one could have given in to the temptation to make it one of the multiple points of a law-program. It must be acknowledged that having extracted from a law-program is something interesting and having allowed a real debate deserves to be raised.

2 of 2. Finally, I would like to remind, even if one continues to believe it, in any case some, that this project has nothing to do with the titles-services "painting and tapping" that proceed from another intention, from another context, from another market, even though the terms that qualify each of these operations continue to lend confusion, despite the clarifications made. I confess to you that there will probably be other possible confusions with the ALE as this is also about checks and relatively similar activities.

3 of 3. I regret that this debate arises from or is part of a plan to combat black labour, the first step of which it constitutes. In doing so, he could make people believe and believe in some environments that the priority of the priorities in the fight against black labour is the struggle in cleaning services, knowing that there are social and tax fraud organized in this sector by companies. But most of the black work exercised in this cleaning sector is the fact of people from low-income populations, single-parent families with childcare problems, cohabitants, excluded from Article 80 - ⁇ one day it will be removed as well as the related problems. It is therefore uncertain whether those women, for the most part, who lend themselves to black work in cleaning in order to increase their purchasing power, have the skills required to occupy the jobs that this new system aims to develop.

4 of 4. I want to emphasize that this debate and the quality of the exchanges, had their place in a much broader debate on proximity services. We would have liked to discuss it globally. The Council of Ministers of 4 May approved, at the same time as the reform of service securities, the reform of ALE and the reform of service jobs, also called Smets jobs. We would have liked that the debate would be globalized, as it was in the Council of Ministers, and that the proximity services and related job deposits were discussed.

Having made these preconceptions, I will focus on returning to two points of content. Some of my predecessors at the tribune have said all the good they thought of reform and that will dispens me from doing so. I will quickly develop a slightly more nuanced view on two major aspects: that of job creation and activity and that of the role of the state in the distribution of wealth.

On the subjects "employment" and other activities created on this occasion, we are announced 3000 full-time equivalents, which is a good thing. I would like to point out that the amendment — I have a different perception than Mr. Anthuenis — adopted in Article 3 and widely adopted in the committee, he says fortunately — and I subscribe in this way to the remarks of Mr. Anthuenis. Delised – that it is new jobs to create, new contracts reserved for unemployed job seekers and, even if I read the report correctly, unpaid unemployed.

It would have been desired that this measure would be accompanied by a strict control of the net effect produced on employment to ensure that it is not a mere substitution effect. There is such a “turn over” in this cleaning sector that there will be no trouble for companies to provide new contracts as supporting documents.

As such, the technical formulas put in place to control the development of employment in the young plan also called "Rosetta plan" could serve as an example. This has a net impact on employment.

Another paragraph of the law guarantees that jobs will also be part-time, which is a great thing. It is an employment that falls within the framework of social security and guarantees real insertion in the workplace. This is a happy position, but it also has its very delicate aspects in that it risks confining women again in half-time jobs often low-paid, with difficult and flexible working conditions.

There is there a risk for which, in our opinion, there is no question of shamelessness unless it is an “ex-post” assessment that can show us the derivatives. This risk appears to us to be incompatible with a policy of equal opportunities, advocated by the Minister of Employment and Labour and the Government with a sincere conviction. by

Three thousand full-time equivalents, three billion public investments, that’s a lot to fight against black labour. This subsidy does not exceed the usual subsidies – the plan office claims it – granted to job creations. But since it is in this case low-qualified and quality jobs, we must recognize it, relatively reduced, we remain relatively skeptical. These are not sustainable jobs as environmentalists and the government hope. by

A discrimination in this regard, stipulated in the law for social-purpose enterprises, ALE or social-economic enterprises, would have helped to ensure a more secure quality insertion, a priority for low-skilled among job seekers and a higher quality in responding to the needs of the population. These social economy companies, like the ALE, have access to the system. Having made calculations with these companies there, I doubt that the financing conditions allow them to be competitive or profitable compared to the private companies that will be present on this market. Of course, additional measures can be taken by the Federal Department of Social Economy or by regions or communities, but as we have no trace of it at this stage, we remain skeptical. by

We could have imagined that the three billion would be divided into separate parts: one part reserved for private enterprises and another for social economy enterprises. We will see in a year, when we evaluate, if our fears come true. by

Finally, last point with regard to employment, we will with satisfaction underline the committee’s willingness to limit the extension to other activities such as those planned and recalled by Ms. Genot when presenting the project, and to link the extension to an evaluation and a parliamentary debate. Not everyone was convinced at first. But it will prove more than necessary, from the end of the implementation of the first phase, to proceed to this parliamentary debate and to resume all the problems. by

Last point regarding the reduction of inequalities: I think that one of the major roles of public power is to ensure the redistribution of wealth and to combat inequalities. It must be acknowledged that we have some dissatisfaction and some fears in this regard. The bill largely refers to employment deposits, to many unsatisfied needs. These are undeniable. by

Mr. Vandenbroucke, you mentioned recently in a response to Mrs. Pieters, that one could keep his children sick in exchange for a check. I do not know many families, even wealthy, who are willing to give 250 francs per hour to keep a child sick, except for a very small illness that lasts a very short moment. by

There is therefore in fact a discrimination that occurs between prosperous families and popular families in which, however, the same needs are met. Nothing is planned on the federal level for these poorer families. We imagine possible interventions from CPAS and mutualities to compensate for the cost, but we do not know when or how much. Everything is still possible. It is difficult to favor the poorest first, but on the other hand, curiously I would say, incentives are provided for the richest families in the form of tax deductibility. Of course, we will be pleased to have avoided the worst, that is, to cumulate the tax deductibilities of ALE with those of service securities. It must be acknowledged that we would have done this in the outrance. by

I think it is already a privilege to be able to pay someone who cleans his home. It is a double privilege to have the community bear a part of the cost incurred by this service. One could have imagined that the civic sense of the wealthiest families would have been enough and that deductibility was not necessary. One could still have imagined that the check varies according to people’s income as it is done in the ALE. Why not 300 francs for the richest families and 150 francs for the poorest families? This hypothesis was not accepted. Nor has it been retained — and it is a shame — the collective and mutual use of the cheque to meet collective needs. For example, it could have been possible to have several children held by the same person by mutualizing the checks.

This bill will therefore most likely be voted because it is the subject of much attention from the Council of Ministers. It is also subject to an emergency procedure. The absence of Ms. Onkelinx is justified by the fact that the same debate takes place simultaneously in the Senate. Things are pressing; we would have liked so much speed for projects that allow to grant social assistance to candidates for regularization. “No one governs innocently,” as Saint-Just said, I think. We hope that this same diligence and conviction will inspire the government when it comes to monitoring the implementation of the system and assessing it in terms of satisfied needs, volume and quality of the jobs created, in order to make the necessary adjustments.

As environmentalists, we want to convey the wish of many trade unionists, representatives of trade associations and the social economy and ensure that this enormous public subsidy, i.e. a billion drawn from the social security funds, is not an additional gift to profit-making enterprises, with employment effects too rarely evaluated. We are aware of the effects of the significant social contributions that have been implemented. It is therefore unenthusiastic that a majority of environmentalists will support this project.


François Bellot MR

Article 248ter(3) shall include the parameters for the corrective mechanisms referred to in paragraph 2 of that Article. Their

What about the other parameters?


Minister Frank Vandenbroucke

Mr. Speaker, I would like to reply first to what Mr. Anthuenis said. He cited an element that is correct. I repeat part of his explanation: "Since the introduction of service cheques aims exclusively to create new jobs, we can naturally agree that if a company recruits an additional employee as a result of the increased activity, as a result of the service cheques it must recruit an unemployed jobseeker, registered with the VDAB, BGDA or FOREM." I think this is the correct interpretation.


François Bellot MR

On what general principle are the corrective mechanisms based? Their


Minister Frank Vandenbroucke

From Mr. Anthuenis’s presentation and from the committee’s report, I have understood that there remain questions about how it is defined in the draft law. Mr. Anthuenis also asks whether there will be no interpretation difficulties later. Article 2, paragraph 2, states: “The King may, by a decision adopted after consultation in the Council of Ministers, determine and extend the scope of application to other activities or to other categories of persons, after an evaluation and discussion have taken place in the federal legislative chambers.” Ms. Onkelinx and I assume that if there is any uncertainty in practice as to what exactly is meant in Article 3, we may, following such an evaluation and discussion in the Chamber by royal decree, clarify certain elements of the application. I think it is important to remember this.


François Bellot MR

Zal het bedrag variëren afhankelijk van de oppervlakte, from ouderdom in de staat van de gebouwen? Article 248b in the draft concerns lease contracts concluded by the Régie des bâtiments to accommodate officials transferred to police zones. by


Minister Frank Vandenbroucke

Ms. Pieters spoke about the comparison between this proposal and the painter cheques. I think we cannot say that the measure is successful because a huge number of checks are being distributed. Outwardly, this is, of course, a sign of success, but success should be measured by net new employment. In fact, we must conclude that this was negative due to the very large off-road effect. Since these are activities that do not yet exist in the normal circuit, we will have a much stronger employment effect with the new regulation.

Mrs. Pieters, you do not agree with this, but we should be careful with the reference to the past. The great success of the painter cheques was a great success in the field of cheques. To put it gently, it remains the question of whether it was also a great success in the field of jobs. This design provides more guarantees when we evaluate it in terms of net employment. In this area, we can talk about success.


François Bellot MR

Paragraph 3 of this Article deals with the parameters involved in the corrective mechanisms referred to in paragraph 2. by


Minister Frank Vandenbroucke

As for childcare, I have already responded. It’s not about the usual channels, such as welcoming mothers and nurseries. It is only about exceptional situations of assistance to a sick child in the home of the family itself. I have taken note of what Mr. Timmermans said about this. However, it is important that this is discussed.


François Bellot MR

What about the other parameters? by

What is the general principle of corrective mechanisms? by


Minister Frank Vandenbroucke

by Mr. Timmermans spoke of a huge budget. I will repeat with the negative. There are 3,000 jobs for which public investment amounted to 2 billion, which is not one million per job. We believe that public subsidies have significant return effects for the state budget, including the 21% VAT rate.

by Mr. Timmermans accuses us of forgetting the poor families. This is a concern we share. This is a matter that is within the competence of the communities. Indeed, social assistance, the problem of subsidies to the ASBL of social assistance, the CPAS, are topics that fall within the competence of communities. by


François Bellot MR

Le montant variera-t-il en fonction de la surface, de l'âge et de l'état des bâtiments? What arrangements were provided in the case of mixed use of the buildings? Then, in my opinion, the lease agreement should be revised accordingly. Quel mécanisme a été prévu et cas d'utilisation mixte des bâtiments? Le contrat de bail, me semble-t-il, devra alors être revu et conséquence.


Minister Frank Vandenbroucke

On his question regarding the tax advantage, I will say that it is important to establish a balance between the tax system for households using cheque-services, those using EEAs and those using proximity services.


Minister Hendrik Daems

We, of course, strive for a balance: the Management of Buildings will be based on an estimate, taking into account the year of construction and the surface area of the building. Their

A number of classical parameters will be used and one will be based on a period of twenty years. For former national guards, the principle of acquired rights applies. Their

As regards the lease agreements, an appendix to the contract is necessary since the Regie der Gebäude is no longer competent. It is up to the zone to decide whether or not to take over the lease agreement. Their

For the buildings where the local police is housed together with the federal police, the zone will take over the part of the contract relating to the former state guards.

All this will be done through an appendix to the lease contract and a transfer of the budget of the Regie der Gebäude to the budget of the Ministry of Internal Affairs, and that until the lease contract expires.

A task force was established at the Regie der Gebäude, but the amount of the lifts can only be calculated if the purchase committee

Our concern is obviously to ensure a balance: the Régie des bâtiments will be based on an estimate taking into account mainly the age and surface of the building. A number of classic parameters will be used and will be based on a period of twenty years. For ex-gendarmes, they will benefit from the application of the principle of acquired rights.

For lease contracts, as the Régie des bâtiments is no longer competent, an avenant to the contract is necessary. The area will decide whether to resume the lease or not.

For buildings where the local police is housed with the federal police, the area will take over the part of the contract that relates to the former gendarmes.

This will be done through an avenant to the lease contract and through a transfer of the budget of the Building Region to the budget of the Ministry of the Interior, and this until the end of the lease.

by

A task force has been created within the Régie des bâtiments, but the amount of transfers cannot be calculated until the acquisition committee has given its estimates. His ramingen has meegedeeld.


Minister Frank Vandenbroucke

It is therefore important to look at this project from a perspective that includes this specific system for EEAs and it is this balance that can justify the use of a tax advantage here too.

Mr Timmermans asked questions about part-time workers. The salaries for part-time workers are fixed by the parity committees. A full-time job in cleaning accounts for 55,000 francs gross, a part-time job accounts for about 28,000 francs.


Josée Lejeune MR

I would like to talk here about the introduction of insurance for risks during operations. Their

In the former Yugoslavia, a number of soldiers were affected by serious diseases such as leukemia and I remind you that Mr. Moerman has submitted a bill on this subject. Their

It is important to find a dignified, humane and quick solution to this painful problem. (Applause to many banks)

I would like to mention the introduction of risk insurance in operation.

Serious diseases, such as leukemia, have hit a number of soldiers in the former Yugoslavia, and I would like to remind that Mr. Moerman had submitted a bill on this subject.

It is important to find a dignified, human and quick solution to this painful question. (Applause from many banks)


Minister Frank Vandenbroucke

We hope that the present draft will provide new opportunities for people who are currently working part-time. Think of people who work a few hours in a company in the morning and in the evening. These people can complement these achievements with work in a family. We assume that certain people will be able to get above the threshold of a part-time job thanks to this technique.


Pierrette Cahay-André MR

Article 15 of the Program Law relates to the “start loan”. Their

From now on, all job seekers who wish to establish themselves as self-employed, and not only the fully eligible unemployed, will be eligible for this loan, which is thus available to young ‘starters’ as well as for the former self-employed and for the unemployed whose benefits were suspended.

The Participation Fund should continue to support self-employed and the establishment of SMEs. The emphasis should be placed on entrepreneurship, whatever this measure does. (Applause to the banks of PRL FDF MCC)


Minister Frank Vandenbroucke

Mr. Speaker, I hope to have given a clear answer to the various questions and more specifically to the problem that Mr. Anthuenis addressed.


Pierrette Cahay-André MR

From now on, all job seekers wishing to establish themselves as self-employed, and more only fully compensated unemployed, will be able to benefit from this loan, available for young workers as well as for former self-employed and unemployed whose benefits have been suspended.

The Participation Fund must continue to support self-employed and the creation of SMEs. The emphasis should be placed on entrepreneurship, which is what this measure does. (Applause on the banks of the PRL FDF MCC)


Zoé Genot Ecolo

I would like to make a small comment to Mr. Vandenbroucke, who is also somehow the Minister of Social Security. by

It is known that at the moment, one billion is planned to realize this project but in the long run, if the project develops in the direction desired by Ms. Onkelinx, this amount will not be enough. Are you not concerned by all these projects that are gradually embroiled around social security and which, although they fall within the field of Employment, also fall within the field of “solvabilization” of demand. I wonder about the excessive or non-excessive overload of the Department of Social Security and this in a damaging way, given the INAMI deficit, etc.


President Herman De Croo

General discussion is closed. The general discussion is closed.


Minister Frank Vandenbroucke

We keep our promise. I have taken note of the proposals of Mr. Moerman, which are taken over by Mrs. Lejeune. It does not matter which committee deals with this matter. The most important thing is that the problem is solved.

We do not forget the word given here. I have taken note of the suggestions of Mr. Moerman relayed by Mrs. Lejeune. No matter which committee deals with the case, the main thing is to solve this problem.


Richard Fournaux MR

We wanted to express the political intention to reduce the pressure on the municipalities. In the Senate this was already translated into the almost unanimous approval of a proposal of the same direction as this amendment, which aims to eliminate the 3% administrative costs that municipalities must pay for the collection of the personal tax.

Although it was necessary to seek again a certain level of equality among the municipalities in the field of security management, hence the police reform, some have not seen or want to see the consequences of all this for the municipalities.

We wanted to express the political intention to relieve the communes, which was reflected, in the Senate, by the almost unanimous vote on a proposal going in the same direction as this amendment and aiming to remove the 3% of administrative costs borne by the communes on the perception of the IPP.

It was ⁇ necessary to restore a certain equity between the communes, in the management of security, through the reform of the police. Some did not imagine, or wanted to imagine, what would be the consequences for the communes.

Although the federal government has reached the hands of the municipalities through the consultation, their concerns have not been removed. Même si le gouvernement fédéral, par la concertation, a fait un pas vers les communes, les inquiétudes de ces dernières subsistent. I regret Mr. Bellot’s departure. He, as I did yesterday, attended a meeting of 38 mayors and I think I could have supported our amendment.

If the tax reform forces the municipalities to raise the interest rates, it will yield nothing in practice.

Some Wallonian municipalities easily exceed the standards of the fiscal pact. Is this nothing more than a worthy wish?

I remember the amendment by the Senate without a problem was accepted. I regret the departure of Mr. by Bellot. Present as I was yesterday at a meeting of 38 mayors, I think he could have supported our amendment.

If the tax reform causes the municipalities to have to increase their additional income, there will be no practical result.

Some municipalities in Wallonia are allegedly exceeding the standards stipulated in the fiscal pact. Would this be just a pious wish?

This amendment will be adopted without any problems in the Senate.