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MAC consultation on the level of the 2012/13 annual limit on Tier 2
Members will recall that, from April this year, the Government introduced an annual limit on the number of non-EEA migrants who could come and work in the UK via the resident labour market test and shortage occupation routes of Tier 2 of the points-based immigration system. Recent data shows that the monthly allocation of Tier 2 Certificates of Sponsorship has not been taken up.
The Government has asked the Migration Advisory Committee (“MAC”) to advise on the policy package for Tier 2 for 2012/13, and the MAC has issued a call for evidence. This includes questions about the impact of the annual limit in 2011/12, why uptake has been below the implied monthly limit during 2011, and what the impact would be of setting a lower limit for 2012/13. The call for evidence also asks what the economic impact would be of raising the minimum skill level for Tier 2 from NQF4+ to NQF6+. This is particularly important in the performing arts context as, although the MAC has identified musicians and arts officers, producers and directors as being skilled to NQF6+, it has identified actors and dancers as only being skilled to NQF4+. If, therefore, the Government were to change the skill level for Tier 2 to NQF6+, this would have significant implications for the sector, particularly in relation to dancers, for many of whom Tier 2 is the usual route of entry.
The Call for Evidence can be found at
www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/mac/mac-evidence-document. The deadline for comments is 21 December. Members wishing to contribute to the TMA’s submission are asked to let the Head of Legal Affairs (louise@solttma.co.uk, 020 7557 6705) have their comments by 13 December.
Consultations responded to
TMA submissions have recently been made to:
• a review of design law being conducted by the Intellectual Property Office (an official Government body), in relation to the protection of three dimensional works such as sets, props and costumes;
• the DCMS’ consultation on a proposal to remove licensing requirements for regulatedentertainment. (The need for a licence for the sale and supply of alcohol would, however, remain.) Many thanks to those members who contributed comments.
As reported previously, the PRS recently consulted on a fee increase for Tariff LP, which is relevant to members that hold pop and rock concerts and those that produce shows where popular music is one of the principal elements of entertainment. The TMA made a submission setting out why the current fee was justified. The PRS has now announced that, having reviewed the consultation responses, it will not be making any change to Tariff LP at this time, which is obviously good news for TMA members.
Pearle Conference – Tallinn 25 & 26 November 2011
The Head of Legal Affairs participated in this conference of the European federation of employers’ associations in the performing arts. Key issues at EU level of relevance to TMA highlighted at the conference are summarised below. Pearle has been monitoring and, in many cases, lobbying on these issues to seek to minimise any adverse consequences for the performing arts sector.
EU Regulatory Affairs
The European level cross-industry social partners have agreed to start negotiations on the Working Time Directive. The definition of “on-call time” in the Directive has to be amended to reflect European Court of Justice decisions. However, the unions are seeking further amendments.
Progress on revisions to the Pregnant Workers Directive is slow. The Council (comprised of EU member states' government representatives) has informally said that it does not accept the European Parliament’s proposal for 20 weeks’ maternity leave and 2 weeks’ paternity leave, both at full pay. The Council’s formal response is awaited.
A proposal for new legislation on ergonomics, in particular with regard to the prevention of work-related musculoskeletal disorders and display screen vision problems, is expected in 2012. Pearle will be seeking to ensure that this does not have a disproportionate impact on the performing arts sector, eg in relation to dancers.
The Commission is currently working on policy proposals on removing cross-border tax obstacles for EU citizens. One of the proposals is to improve the Interest and Royalties Directive. This aims to reduce the instances of one Member State levying a withholding tax on a payment, while another Member State taxes the same payment, ie double taxation. Another proposal is to create an EU forum to develop a code of conduct on double taxation and a binding dispute resolution procedure for unresolved double taxation cases.
A number of measures are proposed as part of the Commission’s strategy on intellectual property rights. These include a directive on collective rights management which would govern collecting societies and the licensing of music online and a directive on orphan works which would provide a legal framework for clearing the rights to works where the copyright-holder cannot be traced. The Commission has recently consulted on proposals for licensing the online distribution of audiovisual works. As previously reported, the term of copyright protection in sound recordings has been extended from 50 to 70 years. This measure will be implemented in national law by November 2013.
The new Consumer Rights Directive, which aims to harmonise consumer protection legislation across the EU, must be implemented in national law by the end of 2013. This governs, among other things, the selling of tickets over the internet or phone, or by email. The exemption from certain information requirements and the right of withdrawal in relation to the sale of tickets for performances under the old Distance Selling Directive has been preserved, but lobbying at national level may be necessary to ensure that additional requirements are not introduced for phone sales.
Two proposed measures are to be investigated further to ascertain their potential impact on the performing arts: the possible expansion of the scope of the Public Sector Information Directive to include culture; and the reform of the state aid rules on services of general economic interest with regard to their applicability to funding agreements.
The Commission’s Radio Spectrum Policy Programme is expected to be adopted by the Council and the European Parliament by the end of the year. On the basis of input from Pearle and the Association of Professional Wireless Production Technologies, the Commission is proposing the consideration of an initial set of frequency bands for PMSE (programme-making and special events) use in the EU in the short-term, and to launch a study in the course of 2012 to review and assess the impact of relevant options to address the longer term spectrum needs of the PMSE sector.
EU Cultural Affairs
The European Commission has proposed a new 'Creative Europe' programme with a proposed budget of €1.8 billion for the period 2014-2020. This represents a 37% increase on current spending levels. The new programme would allocate almost € 500 millionfor culture (which was allocated €400 million in the current financial framework). The programme is intended to help culture and audiovisual professionals break into new markets, promote cultural and linguistic diversity, and contribute to the Commission’s Europe 2020 objectives for jobs and sustainable growth. The Creative Europe proposal is now under discussion by the Council (the 27 member states) and the European Parliament who will take the final decision on the proposal next year.
Areas of focus in the work plan for 2011-14 of the Culture Council (comprised of EU member states' government representatives) include the role of public arts and cultural institutions in the promotion of better access to and wider participation in culture and in the promotion of cultural diversity and intercultural dialogue, the strategic use of EU support programmes in the Cultural and Creative Industries, mobility support programmes and the promotion of creative partnerships.
The platform on multilingualism – one of the fora set up to facilitate structured dialogue between the EU and civil society (non-state bodies and members of the public) – has made a number of recommendations to policy-makers at EU, national and local level regarding financial support for translations in theatre and the performing arts.
The PRACTICS project (which grew from an earlier project in which Pearle was a key partner) will move into its second phase in 2012. The project includes the provision of a quality information and advice service (relating to, for example, legal, fiscal and social issues) to assist the EU cross-border mobility of workers in the cultural sector. This service is provided by a number of “info points”. So far, there is one in the UK, run by Wales Arts International.
Social Dialogue
The Sectoral Social Dialogue Committees (“SSDC”) have been set up under the auspices of the Commission to foster dialogue between the social partners at European level. Pearle is the body representing employers on the ‘Live Performance’ SSDC, which was established in 1999. The 2012 work programme for this SSDC will include a sectoral skills council project, the development of a European standard classification for skills, competencies and occupations, health and safety risk assessment, capacity building, mobility, the impact of the economic crisis and cultural policy.
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