FINLAND

Amended Chemicals Safety Act to give associations, foundations and municipalities the right to request administrative reviews

NordenBladet — On 7 October 2021, the Government submitted to Parliament a proposal to amend the Act on the Safe Handling and Storage of Dangerous Chemicals and Explosives, the Mining Act and the Nuclear Energy Act.Operators, such as companies, must apply for a permit from the Finnish Safety and Chemicals Agency (Tukes) for the industrial handling of dangerous chemicals and the manufacturing and storage of explosives. The Government’s proposed amendment to the Chemicals Safety Act would give associations, foundations and municipalities defined in the Act the right to request an administrative review of the licences granted by Tukes. Other technical amendments have also been proposed to the Act. In addition, a reference to the international consultation procedure laid down in the Act on Environmental Impact Assessment Procedure, which applies to cross-border environmental impact assessment cases, will be added to the Chemicals Safety Act, the Nuclear Energy Act and the Mining Act.The proposal submitted by the Government to Parliament complements the implementation of EU legislation in national legislation. The Government proposes to amend the Acts because the European Commission has issued Finland two official notices regarding the national implementation of EU legislation. The amendments are due to come into effect during 2021. 

Source: Valtioneuvosto.fi

EU home affairs ministers discuss migration, situation in Afghanistan and fight against child sexual abuse

NordenBladet — EU home affairs ministers will gather in Luxembourg on 8 October for a meeting of the Justice and Home Affairs Council. Items on the agenda include the external dimension of migration, the situation in Afghanistan and the fight against child sexual abuse. Minister of the Interior Maria Ohisalo will represent Finland at the meeting.Agenda highlights: partnerships with third countries and the current migration situationMutually beneficial partnerships with third countries, that is non-EU countries, have become a central part of the EU’s asylum and migration policy and its reform. “We are now moving from general discussions on partnerships to concrete country-specific action plans. As part of tailored plans, the aim is to promote fundamental and human rights friendly solutions in the partner countries,” Minister Ohisalo says.At this stage, Tunisia, Morocco, Libya, Nigeria, Niger, Bosnia and Herzegovina, Turkey, Afghanistan and Iraq have been selected as the nine priority countries. The action plans for these countries specify clear objectives, additional support measures and concrete timelines. At the Council meeting, home affairs ministers will hear about the progress of the planning work.The Council will also discuss the current migration situation. Among the issues likely to be raised are not only the traditionally important Mediterranean routes but also Belarus’s actions, in particular, at the borders with Poland, Lithuania and Latvia, and the impacts of the situation in Afghanistan. Counter-terrorism action plan on Afghanistan on the agendaSince the Taliban’s takeover, EU countries have engaged in active discussions on the situation in Afghanistan and its impacts. An extraordinary meeting of the Justice and Home Affairs Council was held at the end of August to discuss developments in Afghanistan, after which a statement was adopted. The Council will hear a report on the state of play from the Slovenian Presidency and the European Commission regarding Afghanistan and a presentation on the counter-terrorism action plan on Afghanistan. New measures to combat child sexual abuseHome affairs ministers will also discuss the digital dimension of investigating child sexual abuse and the related challenges. The European Commission is currently working on a new legislative instrument to combat online child sexual abuse. The future instrument is expected to include measures to intervene in situations where an online platform does not remove child sexual abuse material. Plans are also underway to establish a European centre to prevent and counter child sexual abuse. Its objective would be to intensify cooperation between the Member States’ authorities, businesses and civil society. The centre would also support Member States in all measures related to the prevention of child sexual abuse, such as law enforcement, assistance for victims and international cooperation.

Source: Valtioneuvosto.fi

Working group seeks ways to prevent abuse in accommodation conditions for foreign workers

NordenBladet — Abuse in the accommodation conditions for foreign workers may, at worst, be part of foreign labour exploitation and human trafficking. The task of the working group for monitoring accommodation conditions is to make proposals on how to develop cooperation between the authorities and the relevant regulations and guidelines. The Government of Prime Minister Sanna Marin aims to prevent the exploitation of foreign labour. In its action plan against human trafficking, the Government has promised to define and develop the powers of the authorities that pertain to the accommodation conditions of potential victims of human trafficking. The Ministry of Economic Affairs and Employment and the Ministry of Social Affairs and Health have therefore set up a joint working group, tasked to develop the monitoring and supervision of the accommodation conditions of foreign workers. The term of the working group is from 1 October 2021 to 30 April 2022.Workers may be offered accommodation in unsuitable conditionsAccommodation of foreign workers may involve significant risks of abuse, such as accommodation in unsuitable conditions, deducting rent directly from wages, and tying workers to employers by means of accommodation so that the employer or their close circle exercise control. At worst, accommodation conditions may be part of foreign labour exploitation and human trafficking and accommodation solutions can be used to exploit social support systems. It is important to see that accommodation conditions contribute to health security.Working group will identify regulatory issues and find curesThe working group is tasked to:
•    identify possible shortcomings in current regulations and in the functioning of the authorities;
•    identify obstacles to the exchange of information between the authorities in different administrative branches and the measures needed to remove these obstacles;
•    identify if an advance notification of accommodation conditions is necessary, and
•    define development needs in the registration of accommodation conditions.
In addition, the working group shall propose measures for:
•    developing the activities of different authorities and the relevant regulation;
•    improving the exchange of information between the authorities and the provision of information to the target groups;
•    improving the monitoring and supervision of accommodation conditions and relevant regulations;
•    providing better steering and obliging the employer or other actor responsible for offering accommodation to ensure acceptable accommodation conditions.
Working group includes a wide range of authoritiesForeign workforce refers to workers employed by an employer in Finland and workers sent to Finland from EU/EEA countries and third countries. The working group must also take into account seasonal workers and those working without an employment relationship, such as wild produce pickers. The working group is headed by Ministerial Adviser Tarja Nupponen at the Ministry of Social Affairs and Health. A representative from each of the following organisations takes part in the working group: Ministry of Economic Affairs and Employment, Ministry of Justice, Ministry of the Environment, Ministry of the Interior, Finnish Tax Administration, National Police Board, Finnish Immigration Service, ELY Centre for North Ostrobothnia, Rescue Department of North Savo, and OSH Divisions of the Regional State Administrative Agencies. Link to the decision on the appointment of the working group

Source: Valtioneuvosto.fi

Restrictions on entry at external borders extended until 24 October

NordenBladet — Restrictions on entry will be lifted for residents of Kuwait in traffic arriving in Finland from Kuwait. The Government adopted a decision on the matter on 7 October and the decision will enter into force on 11 October. No other changes will be introduced to the restrictions. The existing restrictions on entry at external borders will be extended until 24 October. However, people may still enter Finland from all countries upon presenting an approved certificate of a full course of vaccination.External border traffic refers to traffic between Finland and non-Schengen third countries. If a person arriving from a country subject to the restrictions is not fully vaccinated, the accepted reasons for entry are return travel to Finland, return travel to other EU or Schengen countries, transit on regular, scheduled flights at an airport or other essential travel.See the websites below for more information on the entry restrictions and health security requirements in place.

Source: Valtioneuvosto.fi

Individual services to support job search in the Nordic labour market service model

NordenBladet — The reform would give unemployed jobseekers quicker and more intensive support for their job search. The Government submitted a proposal on the Nordic labour market service model to Parliament on 7 October 2021. The changes are intended to take effect in May 2022.“The Nordic labour market service model is one of the Government’s measures to reform jobseeker services. Research shows that individual and effective services shorten periods of unemployment. Until now, Finland has lagged behind the other Nordic countries in terms of the quantity and quality of employment services. We will correct this now,” says Minister of Employment Tuula Haatainen.The Nordic labour market service model is estimated to increase employment by about 9,500–10,000 people. The impact on employment would be fully achieved from the beginning of 2025.In particular, the discussions organised every two weeks at the start of the job search are expected to support employment. Based on research, regular interaction with jobseekers, active employment services and job search monitoring will shorten the periods of unemployment.In order to enable individual services, the Government will increase the resources of TE Offices and municipalities by EUR 70 million. With this money, they will recruit about 1,200 new specialists.Quick and intensive support for job searchIn the Nordic labour market service model, the first meeting between a jobseeker and a specialist would take place within five working days of the start of job search. After this, jobseekers would receive more intensive support for their job search than currently. In the early stages of job search, the jobseeker would meet a specialist from the TE Office or the participating municipality every two weeks.During the meetings, the jobseekers’ need for services, their skills and ability to look for work would be individually assessed. If the skills to look for work or to be employed were found to be lacking, the jobseeker would get access to services quicker. If there was no need to improve these skills, the jobseeker would have to apply for four jobs per month. However, exceptions could be made, for example, if the jobseeker’s working capacity had deteriorated or there were only few vacancies available in the area.Modern job search instead of purposeless applicationsJobseekers would still have to apply for work in order to receive unemployment benefits, but they could influence their job search more. In principle, jobseekers would select the job opportunities they apply for, but a specialist would support jobseekers in finding suitable jobs. As a rule, jobseekers would report on their job search through an online service.For example, submitting a job application for a vacancy or submitting an open job application to a company that is not actively hiring would be considered applying for a job. Jobseekers should apply for jobs they could reasonably assume to get.Reasonable sanctions for failing to apply for jobsLooking for work has always been a precondition for receiving unemployment benefit. Currently, failure by a jobseeker to apply for a job offered to them results in a temporary loss of unemployment benefit, i.e. a sanction. These consequences have been considered unreasonable.In the Nordic labour market service model, the sanctions for failing to apply for work would become more reasonable. A jobseeker would receive a reminder in the first case of forgetfulness or neglect. In addition, the periods of sanction when the unemployment benefits are not paid would be staggered and shortened.

Source: Valtioneuvosto.fi

Amendment to the reception act would clarify responsibilities for preparing for mass influx of migrants

NordenBladet — The Government proposes that the reception act be amended so that the Finnish Immigration Service would have central responsibility for preparedness planning concerning the organisation of reception services in the event of a mass influx of migrants. The amendment would improve preparedness for large numbers of migrants and clarify the division of duties between the authorities. The Government submitted a proposal on the amendment to Parliament on 7 October.At present, the Finnish Immigration Service is responsible for the reception system for asylum seekers and for general preparedness planning related to reception. The Centres for Economic Development, Transport and the Environment (ELY Centres) are responsible for the preparedness plans in their areas and maintain regional cooperation groups that coordinate preparedness planning related to a mass influx of migrants. Besides the authorities, the members of the regional cooperation groups include municipalities, organisations and parishes.Dividing preparedness planning between several actors has been considered difficult. In the event of a mass influx of migrants, the Finnish Immigration Service has the lead in operational responsibility. Therefore, provisions on its coordinating role and tasks should be laid down by law too. The proposed legislative amendment would transfer the overall responsibility for preparedness planning and measures to the Finnish Immigration Service, which has the strongest expertise in organising reception services. The responsibility for leading regional cooperation groups would be transferred from the ELY Centres to the Finnish Immigration Service. In addition, the provision in the current act on the municipalities’ obligation to establish reception and registration centres would be removed as the municipalities enjoy wide-ranging autonomy under the Constitution. The amendment would increase the tasks of the Finnish Immigration Service and it would require three person-years of new human resources. For this reason, Parliament will discuss the legislative proposal in connection with the amendment to the budget proposal for 2022. The act is expected to enter into force as soon as possible.Other legislative amendments supporting preparedness also under preparationA project launched by the Ministry of the Interior in 2020 is also preparing other legislative amendments to support preparedness for a mass influx of migrants. The intention is to submit the related proposals to Parliament later.The Act on the Treatment of Detained Aliens and on Detention Units would be amended in such a way that, in the event of a mass influx of migrants, persons who are not in a public-service employment relationship could also be temporarily employed for guidance and supervision tasks in detention units.Provisions on enlisting support from the European Union Agency for Asylum (EUAA) would be added to the Aliens Act. The new Agency for Asylum will replace the current European Asylum Support Office (EASO), and the related EU Regulation is expected to enter into force in early 2022. If necessary, the Agency could be asked to send support teams consisting of EUAA staff members and officials from other EU countries to Finland. The act on migration authorities’ processing of personal data would be amended to allow the Finnish Immigration Service to disclose essential information to the support team members.Record low number of new asylum applicationsA mass influx of migrants is a situation in which reception centres for asylum seekers, including additional accommodation, are reaching maximum capacity and there is a constant influx of new migrants, with more arriving than leaving the country. Such a situation may arise gradually or abruptly, because of the massive displacement of people from a country towards Finland, for example.At the moment, there is no expectation of a similar situation in the near future as that which occurred in 2015. Since 2018, the number of asylum seekers arriving in Finland has been smaller than before 2015, and about 900 first asylum applications have been submitted this year. The number is still record low.It has been estimated that the situation in Afghanistan, for example, will also affect migration to Europe at some point. The fluctuations in migration volumes along different routes are closely monitored. Finland maintains an up-to-date picture of the situation both nationally and as part of the European Union.

Source: Valtioneuvosto.fi

First implementation plan for Child Strategy sets out 30 new measures to safeguard children’s rights

NordenBladet — The Government has finalised the implementation plan for the National Child Strategy. The plan includes a total of 30 new measures to secure the wellbeing of children and young people and to strengthen their rights. The measures will complement the extensive work already underway and strengthen the structures and knowledge base for long-term and systematic child and family policies.Measures emphasise inclusion and equality of childrenOne of the key ideas of the Child Strategy is to secure the status of vulnerable children. This policy will be pursued through a number of measures included in the implementation plan. The aim is, for example, to draw up a handbook for child welfare that is meant for children and young people and to carry out a pilot which experiments with outreach leisure activities in collaboration with youth workers and helps to reach those who would not necessarily participate in leisure activities otherwise.In addition, measures will be taken to examine the realisation of the rights of Saami and Roma children and to compile up-to-date information on wellbeing in support of decision-making.Measures are based on information and impact assessmentThe measures set out in the implementation plan must be based on the best available information and the assessment of impacts on children.The collection and sharing of information play a special role in strengthening the rights of the child. With this in mind, a comprehensive knowledge base will be created for monitoring the wellbeing of children and young people. Measures will also be taken to put together a training package on the rights of the child and to launch a participation campaign to compile the views of children and young people on how their rights should be promoted. Each Government to draw up its own plan for implementing Child StrategyThe National Child Strategy aims to create a child- and family-friendly Finland that respects the rights of the child. The Strategy is based on the knowledge base concerning the status of children, young people and families and on Finland’s fundamental and human rights obligations.Finland’s first National Child Strategy was prepared through parliamentary cooperation and published on 23 February 2021. Each new Government is tasked with preparing and implementing a detailed implementation plan for promoting the policy guidelines of the Strategy during its term of office.

Source: Valtioneuvosto.fi

Definition of close contact to be removed from the Communicable Diseases Act

NordenBladet — The Government proposes that the amendment to the temporary section 58 d of the Communicable Diseases Act be approved. The section regulates the conditions for using premises intended for customers and event participants to prevent the spread of COVID-19. The exact definition of close contact will be removed, along with the incidence rate used as a criterion for its application.The amendment does not change the rights and obligations of the authorities to make decisions to prevent the spread of COVID-19 if the situation so requires. The municipal bodies responsible for controlling communicable diseases or the Regional State Administrative Agencies may make decisions on the conditions for using premises located in their area if there are significant disease clusters in the municipality or the hospital district, if contact tracing is no longer efficient, and if an expert assessment indicates that the cluster poses a significant risk of wide-scale spreading of new infections in the area.The President of the Republic is to approve the amendment on Friday 8 October 2021, and it will enter into force on 11 October 2021.

Source: Valtioneuvosto.fi

Combating the exploitation of migrant labour requires good cooperation between different authorities

NordenBladet — The European Institute for Crime Prevention and Control (HEUNI) has published a report that compares measures against the exploitation of migrant labour in different countries. In particular, the report examines multidisciplinary cooperation models developed in Norway, Belgium and the United Kingdom to address labour exploitation.  The report commissioned by the Ministry of Economic Affairs and Employment also assesses legislation which has been introduced in the Netherlands, Belgium and the United Kingdom to address labour exploitation. The report also describes Estonia’s labour dispute committee and the Swedish legislation on exploitation of human beings.The report shows that combating exploitation of migrant labour requires good structural cooperation from occupational safety and health authorities, the police, tax authorities and other key operators. Regular meetings of key authorities and organic exchange of information will create common practices and an operating culture at a regional level.  “Work-based exploitation is a complex phenomenon with many different faces. That is why we must remain alert and constantly find new ways to prevent exploitation to supplement the measures we have already taken during this government term. This report provides new perspectives on this work,” says Minister of Employment Tuula Haatainen.Awareness of labour exploitation should be increasedIn addition to the police, border control and occupational safety and health inspectors, other operators can also identify situations involving labour exploitation. They include health, rescue, alcohol and tax inspectors, trade union and local union representatives, social services and healthcare personnel, representatives of organisations and immigrant support groups, immigration services, representatives of recruitment and personnel service companies, other companies and public contracting entities, as well as private citizens. Awareness of labour exploitation among the various inspection authorities and others involved should be increased through training and information on how to deal with suspicious cases. The report also contains a number of other recommendations.The report, which was carried out by the European Institute for Crime Prevention and Control (HEUNI), was commissioned by the working group on the prevention of the exploitation of foreign labour of the Ministry of Economic Affairs and Employment.  

Source: Valtioneuvosto.fi

Centre of Expertise for Social Enterprises starts operations

NordenBladet — The Ministry of Economic Affairs and Employment has allocated EUR 3 million in discretionary government grants to a new Centre of Expertise for Social Enterprises in accordance with the Government policy outlined in its mid-term policy review. Minister of Employment Tuula Haatainen signed the funding decision.The centre’s operations will begin immediately and continue until the end of 2023 with funding from the discretionary government grants. The European Social Fund will also participate in project funding. The centre of expertise provides guidance and advice to Finnish entrepreneurs and organisations that are involved in or starting up social business, regardless of the type of company or sector. At the same time, it creates network-based expert services to strengthen the operating conditions for social business and to increase the employment of people with partial work ability.The discretionary government grant was awarded to a network-based consortium of six organisations, coordinated by the Finnish Association of Social Enterprises Arvo. The other participants are Diaconia University of Applied Sciences, Rehabilitation Foundation, Pellervo Coop Centre, Silta-Valmennusyhdistys and Vates Foundation.The consortium’s members complement each other with their skills so that their areas of expertise cover the whole spectrum of Finnish social business activities and entrepreneurship. These areas include social innovations, social impact, business, sustainable development and employment of people with partial work ability.
Centre makes use of skills from different fields
Due to its network-like activities, the centre of expertise is able to use the knowhow and skills of experts from various fields and provide expert assistance to those who need it. In addition to companies and those interested in social entrepreneurship, these include educational and research institutions, ELY Centres and other organisations providing public business services. Alongside advisory and guidance services and expert assistance, the centre promotes the introduction of impact-based business models, social innovations, research, data collection and education on various themes. Its core tasks also include business incubation and accelerator activities.The centre also supports companies in developing cooperation with stakeholders, finding new partnerships, organising administration and employing people with partial work ability.  Demand for new kind of businessA social enterprise is founded on the desire to solve a certain social problem and to create common good. While profitable, social enterprises do not primarily aim to make a profit for their owners. Instead, the companies will direct the majority of their operating profits towards the social objective they have chosen. This objective has been confirmed in the articles of association or rules of the corporation. A social enterprise can operate in any form: association, foundation, limited liability company or cooperative.According to a report commissioned by the Ministry of Economic Affairs and Employment last year, there are approximately 1,700 social enterprises in Finland that employ more than 50,000 people. The combined turnover of social enterprises is nearly EUR 5.8 billion. The majority of social enterprises operate in the health and social services sector, welfare services, circular economy and the environmental sector. There is demand for social entrepreneurship and new business models in sectors beyond health and social services and the environment. This is caused by new and diverse forms of entrepreneurship, such as the growing number of self-employed people. Social business is one of the policies in Prime Minister Sanna Marin’s Government Programme aimed at creating a labour market based on trust and equality and raising the employment rate.The establishment of the centre of expertise is based on the strategy for social enterprises, which the Government adopted in its mid-term policy review in spring 2021. It aims to increase the number of and awareness on new social enterprises and develop their competences, especially in order to improve the effectiveness of their activities. One of the key objectives of the strategy is to employ people with partial work capacity and those who are otherwise in a difficult labour market position. The centre of expertise is part of the Government’s work ability programme and its employment measures package. The work ability programme promotes the employment of people with partial work capacity and their wellbeing at work.

Source: Valtioneuvosto.fi