WRITTEN QUESTION E-2224/96 by Nel van Dijk (V) to the Commission (9 August 1996)

Subject: Coordination of policy on homosexual men and lesbian women

Various members of the Commission have recently given answers to questions by Members of the European Parliament on Commission policy towards discrimination against homosexual men and lesbian women in the Union. The answers present a rather incoherent picture of Commission policy on discrimination against gays. At a meeting with the Commission in late December the International Lesbian and Gay Association pointed to the need for one member of the Commission to be designated coordinator for equal treatment of homosexual men and lesbian women.

1. Can the Commission explain why so many of its members have responsibilities in the field of equal treatment of homosexual men and lesbian women?

2. Can the Commission explain why one member of the Commission regards the matter as not falling within European Union competence (answer by Mr van den Broek to Mrs van Dijk and Mrs Roth, E-1099/96 ((OJ C 280, 25.9.1996, p. 117. )), while another states that the Commission 'has always been systematically opposed to any discrimination whatever, including on the grounds of sexual orientation...' (answer given by Mr Liikanen to Mr Blak, E-377/96 ((OJ C 161, 5.6.1996, p. 57. ))?

3. Can the Commission explain why, on the one hand it does not feel it needs to follow up the Roth report (answer by Mr van den Broek to Mrs Roth, E-2979/95 ((OJ C 9, 15.1.1996, p. 63. )), while on the other hand it states that it has done so by proposing an anti-discrimination article, including a ban on discrimination on the basis of sexual orientation, for the directive on parental leave, although this was not adopted by the Council (answer by Mr Flynn to Mr Svensson, P-376/96 ((OJ C 173, 17.6.1996, p. 51. ))?

4. Can the Commission explain how it is possible that while recommending the 1993 study 'Homosexuality: A European Community Issue' in answer to questions with a negative approach to homosexual and other 'deviant' forms of cohabitation (Mr Flynn's answer to Mr Messaroma, E-3529/96 ((OJ C 173, 17.6.1996, p. 8. )), it refers to the same study as an answer to the question of what the Commission has done to combat discrimination in society against homosexuals (Mr Flynn's answer to Mr Svensson, P-376/96)?

5. Does the Commission not agree that it would be opportune, now that developments in policy on gays are speeding up in a number of Member States and the Commission is monitoring these developments, as stated in its answer to questions by Mr Blak (E-377/96), to improve coordination of its policy by designating one of its members as being responsible for this area?

Answer given by Mr Flynn on behalf of the Commission (3 October 1996)

The issue of the eradication of discrimination on grounds of sexual orientation is directly linked to the broader issue of fundamental rights and freedoms.

The current Intergovernmental conference (IGC) is expected to determine whether and to what extent fundamental rights and freedoms, including the prohibition of discrimination, should be incorporated in the future Treaty, and what the implications of any such incorporation might be.

At present the Treaty on European Union does not confer specific powers on the institutions to eradicate discrimination on grounds of sexual orientation.

The attribution of parliamentary questions concerning homosexuality to different members of the Commission is due to the fact that alleged discrimination on grounds of sexual orientation may, according to the circumstances, fall within policies, activities or areas of action under the responsibility of different commissioners.

Once the outcome of the IGC on the issue of fundamental rights and freedoms is known, the Commission will decide on the internal distribution of responsibilities on this matter with a view to improving coordination and comprehensive coverage.