18. We consider that the following raises questions of political importance.
We make no recommendation for its further consideration, but suggest it would be relevant to a
debate covering international organised crime:--
Home Office
(17931)
12957/96
COM(96)567 |
Commission Communication on trafficking in women for the purpose of sexual
exploitation. |
| Legal base: |
-- |
The Communication
18.1 The Commission introduces the Communication with an analysis of the problem,
which it says is a type of international organised crime which is on the increase, generating high
profits at relatively low risk for the traffickers. "Thousands of women are being trafficked
from developing countries and Central and Eastern Europe to Western Europe and brought into
conditions in which their basic human rights are violated". The aim of the Communication is
to stimulate debate and promote a coherent European approach to the issue.
18.2 The Commission argues for an integrated, multi-disciplinary approach and makes
a large number of recommendations, covering: international co-operation; research and information
campaigns; migration policy and practice; judicial and police co-operation; social and employment
policy; and co-operation with third countries.
The Government's view
18.3 In his Explanatory Memorandum (dated 14 March) the Secretary of State for the
Home Department (Mr Howard) says that:
"The Government generally welcomes the Communication as a useful contribution to an
important debate. It recognises the widespread concern which exists about trafficking in human
beings, whether for sexual or other forms of exploitation, and fully supports the range of legal
and other measures which were agreed under the Irish Presidency to tackle this problem. Indeed,
as a general observation, the Government does not believe that the Communication pays sufficient
regard to these important developments, as it refers only to the new STOP programme and to the joint
action which extended the Europol Drugs Unit's mandate to encompass trafficking in human
beings".
18.4 The Minister goes on to comment in more detail on:
-- the inter-disciplinary proposals on improved data and research,
co-operation between various agencies, information campaigns, better training and temporary permits
to stay. Whilst being broadly in favour of some of the Commission's ideas, the Minister
expresses some reservations, particularly in relation to how the proposals could affect the
implementation of existing immigration legislation in the UK or affect existing inter-governmental
work;
-- judicial co-operation. The Commission sees a need for a new legal
instrument. In response, the Minister notes the agreement of the Justice and Home Affairs
Council on 28/29 November 1996 to a Joint Action[30] which
included provisions to deal with some of the same issues, such as the confiscation of proceeds, the
protection of witnesses and co-operation between Member States. It would be concerned, he says,
to ensure that any further arrangements did not cut across the proper application of immigration
controls;
-- police co-operation. The Commission calls for two actions which the Minister
says that the Government fully supports: the early implementation of the Europol Convention; and
the establishment by the Europol Drugs Unit (EDU) of a directory of specialised competencies;
-- the social and employment dimension. In this section the Commission discusses
initiatives which it recognises are principally matters for action by Member States. The Minister
offers a view on some of the issues raised by the Commission including the training of social and
health personnel and the regulation of employment conditions. On the latter he says that the UK
immigration rules contain criteria intended to ensure that au pairs do not use this category in
order to enter for some other purpose;
-- co-operation with Third Countries. The Government takes the view that such
dialogues should be handled bilaterally.
18.5 Finally, the Minister says that there is no indication of when the Council will
be invited to consider the Communication.
Scrutiny
18.6 The Minister has written to apologise for the delay in the deposit of this
document which, he says, was adopted by the Commission on 20 November but became available in his
Department only in mid-January, despite a Council covering note dated 19 December. For reasons
which are still unclear, he says, the document seems to have bypassed the normal channels of
transmission. We would be grateful to know the reasons when these have been determined.
18.7 Once received, because of its very wide scope, covering the interests of a range
of Government departments, all of which had to make their own assessment of the recommendations,
it took longer than usual to prepare the EM. As it is merely a discussion paper, the Minister
suggests that there can be no question of the delay placing the Committee under any unreasonable
pressure to complete consideration of it.
Conclusion
18.8 Depending on the response from the Member States to the paper, the Commission
may in due course translate the recommendations into individual proposals for the Council to
consider. It steers a careful course between those recommendations which could be followed up as
action points either jointly by Member States and the EU or by Member States individually.
18.9 The common threads in the reaction of the Government to most of the
recommendations are the potential impact on immigration and a general preference for pursuing some
of the objectives inter-governmentally. We shall expect, if and when any of the recommendations
are put forward by the Commission, to be told by the Government what potential benefit could derive
from the actions being undertaken at EU level and, if it can see none, why the Commission apparently
takes a different view.
18.10 Meanwhile, we are clearing this document, but we suggest it would be
relevant to any debate covering international organised crime.
30.A Proposal for a Joint Action adopted by the Council on the basis of Article
K3 of the TEU concerning action to combat trafficking in human beings and sexual exploitation of
children, was sent to us on 20 November 1996 by the Home Secretary. We had it before us on 4
December. Back
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