9. ENTRY AND RESIDENCE OF THIRD-COUNTRY
NATIONALS FOR STUDY, VOCATIONAL TRAINING OR VOLUNTARY SERVICE
(23850)
12623/02
COM(02) 548
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Draft Council Directive on the conditions of entry and residence of third-country nationals for the purpose of studies, vocational training or voluntary service.
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| Legal base: | Articles 63(3)(a) and 64 EC; consultation; unanimity of participating states
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| Department: | Home Office
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| Basis of consideration: | Minister's letter of 5 December 2002
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| Previous Committee Report: | HC 63-i (2002-03), paragraph 10 (20 November 2002)
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| To be discussed in Council: | Date not set
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| Committee's assessment: | Politically important
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| Committee's decision: | Not cleared; further information requested
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Background
9.1 As the legal base for this draft Directive falls
within Title IV of the EC Treaty (Visas, asylum, immigration
and other policies related to the free movement of persons),
the UK has three months from the formal publication of the proposal
in which to decide whether to opt in to the measure (in accordance
with the provisions in the Protocol on the position of the United
Kingdom and Ireland now annexed to the EC Treaty and the Treaty
on European Union).
9.2 When we first considered the proposal (in November),
we did not clear it. We asked the Parliamentary Under-Secretary
of State for Race Equality, Community Policy and European and
International Policy (Lord Filkin) to tell us whether the Government
would participate in the measure, to inform us of the views arising
from the Government's consultation (especially those of the charitable
and voluntary sector with regard to Article 10), and to send us
a copy of any Regulatory Impact Assessment which was prepared.
We also asked for the Minister's stance on the inclusion of the
further education sector, and for clarification of his comments
about competitive advantage.
The Minister's letter
9.3 The Minister has now responded. He tells us that
the Government has not yet made a decision on participation in
this measure and reminds us that the UK has not to date participated
in any Title 1V legal migration measures on the grounds that to
do so would be inconsistent with its ability to determine its
admission policy. He undertakes to inform us of the eventual decision.
9.4 With regard to the Government's consultation, the
Minister reports that views have been sought from the charitable,
voluntary and education sectors. Initial views from the charitable
and voluntary sector reflect concern that some of the proposals
may impose considerable costs on organisations. In particular,
the requirements to provide volunteers with a basic introduction
to the language and culture of the host Member State and to act
as guarantors could significantly deter small organisations. There
is also concern (as predicted in the Minister's earlier Explanatory
Memorandum) that the proposals may cut across the UK's minimum
wage legislation, which is tightly framed to catch nearly all
workers.
9.5 The Minister continues:
"From the education sector, the Department for Education
and Skills, the British Council, Universities UK and UKCOSA[30]
expressed the view that whilst many provisions in the draft Directive
do to a certain extent reflect current practice, there were grounds
for concern about over-regulation in some areas. They have pointed
out that opting in would benefit those participating in the EU
Youth Action Programme, and would add further clarity to the UK's
treatment of exchange students. The provision for a fast track
admissions procedure for issuing 'student' and 'pupil exchange'
residence permits, providing that it would not prove less advantageous
than the UK's current procedure, was also welcomed. But the main
concerns have centred around a number of other areas. These include
the avoidance of any extra burdens on education institutions (particularly
in respect of the proposal's assumption that the private education
sector will be regulated, and institutions subject to accreditation);
the absence of provision for the Further Education sector; potential
constraints on the UK's ability to remain competitive in the international
market for overseas students; and the lack of clarity in defining
full time and part time education, which fails to recognise the
broad range of educational provision in the UK. There is also
concern that the harmonisation of student entry requirements might
be detrimental to the work which has already been done on streamlining
entry procedures in order to make the UK a more attractive study
destination for overseas students."
9.6 In answer to our question about further education,
the Minister says:
"On the inclusion of the Further Education sector in the
proposals, the general view of the education sector is that it
would be appropriate to have Further Education covered in this
Directive as well as Higher Education. However, it would be important
to reflect and provide for the great diversity of provision available
in the UK further education sector, which may itself cause difficulties
in framing suitable general provisions which could cover both
sectors. The draft Directive has yet to be discussed at working
group level but the UK will participate fully in any discussions
on this issue."
9.7 The Minister then addresses our request for clarification
as follows:
"As far as the Committee's question on maintaining competitiveness
goes, the Government in recent years has devoted considerable
effort to ensuring that the UK remains an attractive destination
for overseas students. Our concern is that certain elements in
the current proposals would constrain the UK's ability to compete
in the international market for overseas students and to respond
flexibly to the needs and aspirations of overseas students. And,
whilst our main international competitors in respect of this are
Australia and the United States, we are also in direct competition
with other Member States to attract good quality overseas students."
Conclusion
9.8 We thank the Minister for his letter, and particularly
for its summary of the views of those consulted.
9.9 We note that it could be complex to include the
further education sector in the measure, and look forward to hearing
the results of negotiation on this issue. We also ask to be informed
of any further views from the charitable and voluntary sectors,
and to receive a copy of the Regulatory Impact Assessment, if
one is produced.
9.10 We will keep the document under scrutiny until
we know the Government's decision on participation.
30 Council
for International Education. Back
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