10 IMMIGRATION LIAISON OFFICERS NETWORK
(24633)
9870/03
—
| Draft Council Regulation on the creation of an immigration liaison officers
network.
|
| Legal base | Articles 63(3)(b) and 66 EC; consultation; unanimity
|
| Document originated | 3 June 2003
|
| Deposited in Parliament |
18 June 2003 |
| Department | Home Office
|
| Basis of consideration |
EM of 2 July 2003 |
| Previous Committee Report |
None |
| To be discussed in Council
| Date not set |
| Committee's assessment | Legally and politically important
|
| Committee's decision | Not cleared; further information requested
|
Background
10.1 Immigration liaison officers (ILOs) are posted by
Member States to third countries in order to combat illegal immigration.
In June 2002, the Seville European Council called for a network
of Member States' immigration liaison officers to be created before
the end of 2002. In November 2002, the Justice and Home Affairs
Council adopted Conclusions on the improvement of the network,
on the basis of a Presidency report. The Conclusions noted that
a network of liaison officers was in place in most of the countries
surveyed in the report, but that it needed to be strengthened.
Several steps were recommended including the implementation of
a Belgian-led Western Balkan ILO network project, due to report
in December 2003.
The document
10.2 The document seeks to formalise the existence and
functioning of a network of Immigration Liaison Officers (ILOs)
by means of a legally binding instrument. The draft Regulation
sets out the functions and responsibilities of ILOs, the establishment
of local or regional co-operation networks and the way they should
operate, the potential for shared tasks and representation and
the way in which the Community is to be informed of ILO activities.
The Government's views
10.3 The Parliamentary Under-Secretary of State at the
Home Office (Caroline Flint) tells us:
"The Government is strongly in favour of the concept
of ILOs, and supports the further development of the ILO network
in order to maximise the potential of its mandate. The main purpose
of the network is to gather tactical intelligence to be used in
targeting the criminals behind organised illegal immigration.
An added benefit is the potential to give constructive assistance
to the law enforcement agencies of the countries to which ILOs
are posted. Since August 2001 the UK has established a network
of nine such officers, in the Balkan region and more widely. Three
officers have been identified to take up additional posts during
this calendar year, and up to nine further posts are likely to
be trawled during the financial year 2003/04. Although the network
is managed by the National Criminal Intelligence Service (NCIS),
to whom ILOs report, IND's[33]
Intelligence Service (INDIS) retains the policy lead."
10.4 The Minister refers to the Belgian-led project which
is being taken forward in parallel with this current proposal.
She reports that the Belgians, supported by a number of other
Member States, including the UK, had argued without success that
the Greek Presidency should wait for the conclusions of that project
before pressing ahead with any kind of Regulation.
10.5 The Minister then describes the Government's
key concerns about the proposal. With regard to the introduction
of a legal base for the ILO network, she says:
"The Government remains to be persuaded
of the need for a legal EU basis, seeing greater benefits in continuing
to arrange EO placements bilaterally, and continues to seek clarification
for the reasoning behind the proposal. Other Member States have
expressed similar reservations, particularly concern to avoid
the introduction at EU level of anything legally binding."
10.6 With regard to the proposed tasks
and responsibilities of ILOs, the Minister's view is that
they should continue with their present role of combating illegal
immigration. She has concerns about the provisions in Article
1 which envisage ILOs contributing to the return of illegal immigrants
and the management of legal migration, and those in Article 4
relating to the development of visa policy, contacts with commercial
carriers and training consular and diplomatic staff. These could,
she considers, have a negative impact on their core work.
10.7 The Minister is not happy with the
proposed role of the Commission. Article 7 would permit
the Commission to make recommendations about how to improve the
ILO network. The Government will seek clarification about the
status of any such recommendations in terms of obligations placed
on Member States.
10.8 With regard to the proposed mechanisms
for reporting progress, Article 7 provides for the ILO
representing the Presidency in each region to report to the Council
and Commission each semester on the activities of ILOs and on
the situation in host countries. The Minister tells us that the
Government considers that it would be more efficient for the responsible
national authority (NCIS in the UK) to produce the reports.
10.9 The Minister says that external consultation
on this proposal would be inappropriate "given the sensitive
and semi-covert nature of the ILO role". She concludes:
"The UK fully supports and is committed
to the development of an ILO network and will continue to engage
fully in constructive debate at EU level. Indications are that
strong support for the UK line can be expected from other Member
States, including those who are anxious to avoid being constrained
in the development of their own structures by the introduction
of binding EU measures."
Although no timetable has been set for the adoption
of the proposal, the Government expects that negotiations will
be carried forward under the Italian Presidency.
Conclusion
10.10 We share the Minister's scepticism
about the need for a legal basis for the network of Immigration
Liaison Officers (ILOs), and agree that the ILO's role should
not be unduly expanded. Despite the Minister's comment about
its "sensitive and semi-covert nature", we ask for as
full as possible a description of the current role, since it does
not emerge very clearly either from the proposal or from the Explanatory
Memorandum.
10.11 Recital
4 of the draft Regulation refers to the "appropriate qualifications"
of immigration liaison officers. None of the provisions in the
draft instrument mention these, however. We ask the Minister
to explain this apparent omission. In addition, we ask what qualifications
UK immigration liaison officers are expected to have.
10.12 We do
not understand why the "sensitive and semi-covert nature"
of the ILO role should render this proposal inappropriate for
external consultation. The proposal itself is a public document
and it is difficult to see how consultation on it could pose any
risks to individual ILOs or networks. We ask the Minister for
a fuller explanation of her position.
10.13 Finally,
we are not clear about the UK's formal position with regard to
this proposal. Recital 8 states that the UK is taking part in
the Regulation, while the Explanatory Memorandum seems less certain
(stating that "any proposal arising from this Regulation
would apply to Gibraltar…if the UK were to participate").
We ask the Minister for clarification.
10.14 We will
keep the document under scrutiny until we have the Minister's
response to our questions, and until we know more about the progress
of negotiations.
33 The Home Office Immigration and Nationality Directorate. Back
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