ACTION PLAN TO IMPROVE THE CONTROL OF
IMMIGRATION
(21516)
10017/00
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Action plan to improve the control of immigration.
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| Legal base:
| None, but issues fall under Article 63 EC
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| Deposited in Parliament:
| 1 September 2000 |
| Department: |
Home Office |
| Basis of consideration:
| Minister's letter of 28 September and EM of 3 October 2000
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| Previous Committee Report:
| None |
| To be discussed in Council:
| None planned |
| Committee's assessment:
| Legally important |
| Committee's decision:
| Cleared |
Background
24.1 This is an informal Action Plan developed
by the French Presidency. It states its intention as "not
to adopt a formal text but to identify a number of areas in which
operational co-operation can be strengthened among the Fifteen
(or among a smaller group of volunteer) States".
24.2 The content of the Action Plan falls
within the scope of Title IV EC. As well as supplying an Explanatory
Memorandum on the document, the Minister of State at the Home
Office (Mrs Barbara Roche) has written to explain why it is not
considered a proposal which requires the UK to exercise its "opt-in"
under Article 3 of the Protocol on the position of the UK and
Ireland.
The document and the Government's view
24.3 The Action Plan is designed to strengthen
the management of external border controls by reinforcing European
solidarity. Two main areas of work are proposed. The first is
concerned with the improvement of the information exchange, early
warning and response system. In relation to the last of these,
a primary aim is to build up "a nucleus of Member States'
expertise and equipment that could be mobilised to support action
at the external borders." The second area of work is concerned
with the establishment of a network of liaison officers responsible
for immigration matters in countries which are sources of immigration.
24.4 The Minister tells us that the UK welcomes
any initiative aimed at improving the control of illegal immigration,
and is in favour of the Action Plan's focus on improving existing
mechanisms. She continues:
"The Government is particularly
keen to play a full and active part in the development of EU thinking
on deployment of overseas liaison officers. And it is receptive
to the idea of sending joint teams to troubleshoot difficult situations
at the external border... We will, however, strongly endorse the
proviso that in no circumstances should this involve implementation
of another Member State's control procedures.
"The Government endorses the principle that
liaison officers should be able to represent the interests of
Member States other than their own..., provided this is not detrimental
to the Member States' primary responsibilities. We could not,
however, support any move to involve liaison officers in the operation
of a third country's immigration controls. We shall seek to clarify
this point as discussion of the Action Plan's individual proposals
is taken forward."
The Minister's letter
24.5 We have, on past occasions, raised
questions about when the UK needs to exercise its right to opt
in to a measure adopted under Title IV EC. The Minister tells
us that the Government has reflected upon and refined its policy
on making notifications under Article 3 of the Protocol on the
position of the UK and Ireland[88].
She tells us:
"... The Government's
current policy on such notifications is that we consider the Article
3 procedure is engaged only:
"— where a formal measure is proposed,
in accordance with Article 67 of the Treaty or Article 300 in
the case of international agreements; or
"— where an informal measure is proposed
which is directly linked to such a formal measure, and which will
therefore be adopted by the same procedure.
"Some formal measures may be non-binding, such
as Recommendations. But, for the most part formal measures will
be legally binding instruments. A proposal such as the present
one, which is neither legally binding nor adopted by a formal
procedure under Article 67, will not give rise to any need to
notify our wish to 'opt-in'.
"Some informal and non-binding measures may
none the less have indirect legal effects, for instance in the
interpretation of subsequent legally binding measures. However,
since such measures (where they require a vote in the Council)
are adopted by consensus, it will always be possible for the United
Kingdom to safeguard its position as appropriate."
Conclusion
24.6 We thank the Minister for her Explanatory
Memorandum, and note her support for the proposal. We are also
grateful for her letter, the usefulness of which goes beyond this
proposal in that it clarifies the Government's policy in an area
where there was previously some uncertainty.
24.7 We clear the document.
88 The relevant part of the Article reads: "The
United Kingdom or Ireland may notify the President of the Council
in writing, within three months after a proposal or initiative
has been presented to the Council pursuant to Title IIIa [now
Title IV] of the Treaty establishing the European Community, that
it wishes to take part in the adoption and application of any
such proposed measure, whereupon that State shall be entitled
to do so..." Back
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