Select Committee on European Scrutiny Thirty-Sixth Report


18 Immigration Liaison Officers Network

(24633)

9870/03

Draft Council Regulation on the creation of an immigration liaison officers network.

Legal baseArticles 63(3)(b) and 66 EC; consultation; unanimity
DepartmentHome Office
Basis of considerationEM of 2 July 2003 and Minister's letters of 18 September and 29 October 2003
Previous Committee ReportHC 63-xxx (2002-03), paragraph 10 (16 July 2003)
To be discussed in CouncilDate not set
Committee's assessmentPolitically important
Committee's decisionCleared

Background

18.1 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.

The document

18.2 The document seeks to formalise the existence and functioning of a network of (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

18.3 In her Explanatory Memorandum of 2 July 2003, the Parliamentary Under-Secretary of State at the Home Office (Caroline Flint) told 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[39] Intelligence Service (INDIS) retains the policy lead."

The Minister went on to explain some specific concerns about the document.

18.4 When we considered it on 16 July[40], we decided to keep the document under scrutiny until we knew more about the progress of negotiations and until we had received the Minister's response to the our questions about:

the current role of the UK's ILOs;

the required qualifications for ILOs generally and in the UK particularly;

the Government's position on external consultations about the document; and

clarification of whether the Government would be opting into the proposal.

18.5 In her letters of 18 September and 29 October, the Minister provides the replies to our questions and tells us about the progress in the negotiations on the document. The annex to the first of her letters sets out the detailed current job description of the UK's ILOs. She confirms that the draft Regulation does not specify the qualifications of ILOs; this is left for each Member State to decide for itself. No formal qualifications are required for UK ILO posts but the following competences are sought:

an adaptable and flexible approach to new working environments;

strong interpersonal, communication and representational skills;

effective decision-making;

a high level of self-motivation; and

ability to work under pressure and to tight deadlines.

18.6 In September, Home Office officials met representatives of Amnesty International, the Immigration Law Practitioners Association, the Joint Council for the Welfare of Immigrants, OXFAM, the Refugee Council, Torture Care and UNHCR and invited them to send any comments on the draft Regulation. So far, none has done so.

18.7 The Government has now decided to opt into the Regulation and has successfully secured some detailed amendments to the text.

18.8 The Government is now content with the document and strongly supports the creation of the ILO network.

Conclusion

18.9 We are grateful to the Minister for her persuasive and helpful replies to our questions. We agree that the ILOs can make a valuable contribution to efforts to combat illegal immigration and we are satisfied by the revised text of the draft Regulation. Accordingly, we clear the document from scrutiny.


39   The Home Office Immigration and Nationality Directorate. Back

40   See headnote. Back


 
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