19. The Common Asylum Policy and the Agenda
for Protection
| (24402)
7964/03
COM(03) 152
| Commission Communication on the common asylum policy and the Agenda for Protection.
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| Legal base | — |
| Document originated | 26 March 2003
|
| Deposited in Parliament | 4 April 2003
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| Department | Home Office |
| Basis of consideration | EM of 10 June 2003
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| Previous Committee Report | None; but see (21947) 13119/00: HC 28-viii (2000-01), paragraph 3 (14 March 2001)
|
| To be discussed in Council | Not applicable
|
| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
19.1 The Commission Communication, Towards a common asylum
procedure and a uniform status, valid throughout the Union, for
persons granted asylum,[43]
which initiated debate on the way in which Member States might
develop a common asylum procedure, stated that there should be
an annual stocktake of progress. This is the second such review;
we considered the first in January 2002.[44]
19.2 The title makes specific reference to the Agenda for Protection
— approved by the UN High Commissioner for Refugees in 2002
and described in the Communication as "a multilateral instrument
standing on two pillars". The first pillar is a Declaration
by the States Parties to the Geneva Convention and its Protocol
(made at the December 2001 Ministerial Conference in Switzerland
to mark the Convention's fiftieth anniversary), which reasserts
the central role played by the Convention in the international
protection system. The second is an action programme covering
six main goals.
The document
19.3 The Communication takes the opportunity of reviewing the
Common Asylum Policy to discuss asylum issues in the context of
the Agenda for Protection. It states that the report period (December
2001 to February 2003) was important in establishing the common
European asylum system. The Annex to the Communication lists
the progress made on the legislative measures. Nevertheless,
matters moved slowly and, where deadlines were met, it was sometimes
because the only standards that could be agreed were low.
19.4 The Commission suggests that the general situation is worsening:
public opinion is hardening against asylum seekers; abuse of asylum
procedures is rising; traffickers profit from both genuine refugees
and economic migrants. New solutions are needed to complement
the stage-by-stage approach agreed at the Tampere European Council
(which envisaged a second stage of harmonisation resulting in
a common asylum procedure and a uniform status). The Communication
raises the question of whether Member States could better deploy
the resources devoted to complex asylum procedures which regularly
result in a large percentage of negative decisions accompanied
by problems of removal.
19.5 The Commission considers that the EU is well-placed to implement
and support the Agenda, in which it identifies three major priorities:
access to protection, durable solutions and better responsibility-sharing
with third countries. It discusses each of these in detail.
Under access to protection, it considers such issues as
asylum procedures, safe countries of origin and safe third countries
and access to EU territory. Durable solutions involves
consideration of voluntary return, integration and resettlement.
Shared responsibility with third countries discusses such
issues as Community humanitarian aid, and the role of international
financial institutions and United Nations agencies.
19.6 In a final section, the Communication recommends a number
of actions and initiatives:
- the adoption of all the first-stage harmonisation proposals,
in particular the directive on asylum procedures, where the question
of safe countries of origin and third countries will demand special
attention;
- an instrument to succeed the European Refugee Fund;
- best use of the machinery for administrative cooperation on
asylum (e.g. Argo,[45]
and the Immigration and Asylum Committee);
- a common approach to the implementation of the Agenda for
Protection and the Convention Plus;[46]
- consideration of the possibilities offered by processing asylum
applications outside the EU and resettlement as instruments to
complement the territorial asylum system;
- consideration of protected entry procedures for persons in
need of international protection;
- a more operational definition of the content of integrated
return programmes in the light of lessons learned from the implementation
of the return programme for Afghanistan;
- special attention to refugees and displaced persons in future
work by the Community institutions on integration;
- incorporating the international protection dimension more
fully into Europe's external policy.
The Government's view
19.7 The then Parliamentary Under-Secretary of State for Race
Equality, Community Policy and European and International Policy
(Lord Filkin) told us:
"The Government welcomes this Communication …We
continue to see potential benefit for the UK from common minimum
standards and the sharing of best practice. The Government is
committed to maintaining an effective asylum system that guarantees
appropriate protection to those in need of it, but reduces
unwarranted secondary movements. Progress in this field has been
traditionally slow, but we recognise the significant advancements
made during this reporting period…
"The Government also supports the Commission's continued
call to view the asylum issue as part of the wider migration picture
and to seek better management of our relationships with countries
of origin and transit. Both the Government and the Commission
agree that burden sharing should not be seen solely in terms of
sharing the effort within the EU.
"The Government particularly welcomes the Commission's recognition
of the need to explore new avenues of approach to asylum and support
their suggestion that serious thought be given to the processing
of applications outside the EU and resettlement instruments. However,
the Commission views such 'exploration' as complementary to the
on going approach adopted at Tampere and calls for further harmonisation.
Beyond the current package of asylum measures, which must all
be agreed in the next 12 months, it is the Government's view that
work must focus on meaningful developments aimed at preventing
asylum shopping and deterring secondary movements.
"The Commission recommends that a common approach also be
devised to the implementation of the Agenda for Protection and
Convention Plus. The Government sees the value of a joint approach
as long as the UK priorities of developments in external processing
can be maintained."
19.8 The Minister tells us that preliminary discussions on the
Communication took place at the Immigration and Asylum Committee
in April. The document will continue to inform debate in a number
of EU bodies, but there is no formal timetable laid down for its
discussion.
Conclusion
19.9 We are disappointed by the late receipt of the Explanatory
Memorandum on this Communication. It would have been helpful
to have been able to consider it and the Communication earlier,
especially in view of the Minister's statement that developments
in processing applications outside the EU are priorities for the
UK.
19.10 The Communication fulfils a useful purpose in linking
EU asylum issues with the Agenda for Protection, and raises some
important issues. It is a pity that its use of jargon and complex
language makes it difficult to read.
19.11 As it is not a proposal for legislation, we clear the
document.
43 (21947) 13119/00; see headnote. Back
44
(23018) 14860/01; see HC 152-xv (2001-02), paragraph 10 (30 January
2002). Back
45
Community action programme to support the implementation of Community
legislation in the areas of external borders, visas, asylum and
immigration. Back
46
The UN High Commissioner for Refugees' proposals for improving
the operation of the Geneva Convention. Back
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