29 Common policy on illegal immigration
| (26069)
13908/04
SEC(04) 1349
| Commission annual report on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders, and the return of illegal residents
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| Legal base | — |
| Document originated | 25 October 2004
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| Deposited in Parliament | 1 November 2004
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| Department | Home Office |
| Basis of consideration | EM of 19 November 2004
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| Previous Committee Report | None; but see (24603) 10289/03: HC 63-xxxii (2002-03), para 16 (17 September 2003) and HC 63-xxxv (2002-03), para 14 (29 October 2003)
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
29.1 In June 2003, the Commission issued a Communication on the
development of a common policy on illegal immigration, smuggling
and trafficking of human beings, external borders and the return
of illegal immigrants.[64]
It reviewed progress so far and made suggestions for further action.
The Commission also announced its intention to present an annual
report covering the matters dealt with in the Communication.
The document
29.2 This is the first of the Commission's annual reports. It
lists and comments on the action that has already been taken and
current proposals to combat illegal immigration.
29.3 Under the heading External Borders,
the annual report notes:
- The adoption of the Council
Regulation establishing the European agency for the management
of operational cooperation at the external borders of the Member
States. The Agency will begin work in 2005. It will incorporate
the Vienna training centre for border guards; the Helsinki risk
analysis centre; the Berlin centre for land borders; the air borders
centre in Rome; and the sea borders centres in Spain and Greece
(The UK has been excluded from full participation in the Agency
on the grounds that the Regulation builds on a part of the Schengen
acquis to which the UK is not a party).
- The adoption in 2003 of a programme to combat
illegal immigration across the maritime borders of the Member
States.
- The current proposal for a Regulation establishing
a Community Code on the rules governing the movement of persons
across borders (because the proposal builds on a part of the Schengen
acquis to which it is not a party, the UK will not participate
in this proposal).
- The current proposals for a Regulations on the
stamping of the travel documents of third country nationals when
they cross the external borders of Member States; and on the crossing
of the external borders by third country nationals who live in
the border areas (the UK will not participate in these proposals).
- The proposal to amend the ARGO programme in order
to provide financial support from the Community to national projects
to improve the management of the external borders.[65]
29.4 Under the heading Visa Policy and Secure
Travel and ID Documents, the report refers to:
- the continuing work on the
development of the Visa Information System (VIS) for the exchange
of visa data between Member States;
- the proposals to incorporate biometric identifiers
into the visas and residence permits of third country nationals
and the passports of EU citizens; and
- the proposal for Member States to inform Interpol
about lost or stolen passports.
29.5 Under the heading Return Policy, the
Commission notes:
- the Council's adoption of a
Decision on the organisation of joint flights for the removal
from the territory of two or more Member States of third country
nationals who are the subject of removal orders;
- work to improve the EU Travel Letter (a standard
document intended to facilitate the acceptance by third countries
of the return of their nationals); and
- the Council's adoption of a Decision on financial
compensation to a Member State when the removal of a third country
national cannot be done at that person's expense.
The Commission comments that the return of illegally
resident third country nationals is hampered by the lack of Community-wide
procedures. Establishing common rules should be a priority for
the future.
29.6 Under the heading Relations with Third Countries,
the report comments on:
- the inclusion in cooperation
or association agreements with third countries of a clause on
the joint management of migration flows and compulsory readmission
of illegal immigrants;
- a proposal for a Regulation establishing a European
Neighbourhood and Partnership Instrument which would, among other
things, include provision for financial assistance to those countries
to deal with migration;
- the readmission agreements that have been made
with Hong Kong, Macao, Sri Lanka and Albania; and
- the new Aeneas programme which makes provision
for financial and technical assistance to third countries in connection
with asylum and migration.
29.7 Under the heading Fight against smuggling
of and trafficking in human beings, the Commission notes that:
- 5 December is the deadline
for Member States to implement the Directive defining the facilitation
of unauthorised entry, transit and residence and the Framework
Decision on strengthening the penal framework to prevent the facilitation
of unauthorised entry, transit and residence;
- in April 2004, the Council adopted a Directive
on residence permits for third country nationals who are victims
of trafficking in human beings;
- the Council has also adopted a Directive on compensation
to victims of crime, including victims of smuggling or trafficking;
and
- the Police Chiefs Task Force has asked Europol
to prepare and implement an action plan on trafficking in human
beings in and from Bulgaria.
29.8 In the section of the report about transforming
undeclared work into formal employment, the Commission says
that opportunities for undeclared work are an important pull factor
for illegal immigrants. This is why the Employment Guidelines,
approved in July 2003, commit Member States to take action to
eliminate undeclared work and encourage formal employment by,
for example, changes to tax and benefit systems and better law
enforcement.
29.9 On carriers' liability, the Commission
draws attention to the adoption of a Directive which requires
air carriers, if requested, to transmit to the Member State of
destination data on the passengers they will be carrying.
29.10 The Commission also refers to the adoption
of the Decision creating a web-based information and coordination
network for Member States' migration management services;
and to the adoption of the Regulation creating a network of
immigration liaison officers based in third countries.
The Government's view
29.11 The Parliamentary Under-Secretary of State
at the Home Office (Caroline Flint) has provided us with an extensive
commentary on the annual report and comments on each of its main
sections.
29.12 On the section about the external borders,
the Minister tells us that:
"The UK supports the general direction in which
EU border management policy is heading and recognises the importance
of effective, intelligence-led, operational co-operation at the
external border. There is much constructive work that can be done
in this field without needing to move towards a European Border
Guard. Although the UK is excluded from full participation in
the European Border Agency Regulation, it is able to participate
in the Agency's activities, and the Government intends to make
good use of that provision. The Government will also make an application
to the ECJ [European Court of Justice]against the UK's exclusion."
The Minister adds that the Government would not support
any move to create a fully-fledged European Corps of Border Guards
and is not alone in its opposition to the concept. She also tells
us that the Government has taken part in many of the operational
activities designed to maintain and improve the security of the
Community's external borders.
29.13 Commenting on the section of the report on
visas and document security, the Minister says:
"The benefits to the EU of a common visa information
system [VIS] are considerable. We believe that VIS will contribute
to the EU's broader asylum and immigration objectives, including
the prevention of 'visa shopping', facilitating the application
of the Dublin Convention and contributing towards improved security
and combating terrorism, thereby enhancing the wider EU's capabilities
for effective border control. The UK is keen to contribute to
these broader asylum and immigration objectives and we are continuing
to explore with the Commission the possibility of reciprocal exchange
of data between the VIS and UK systems.
"In relation to document security, the UK considers
that considerable enhancements in security are achievable through
biometrics and agrees interoperability is essential. It welcomes
the Communication's view that these standards should be lead by
ICAO [the International Civil Aviation Organisation]."
29.14 The Minister tells us that the Government has
already gained practical experience of collecting biometrics identifiers
from visa applicants and requires visa applications in eight countries
to be accompanied by a copy of the applicant's fingerprints.
29.15 On relations with third countries, the
Minister says that:
"The Government agrees that there needs to be
a balanced dialogue with third countries, and continues to contribute
to the EU's action in this area. The UK supports the need to work
in partnership with these countries to jointly identify obstacles
and to focus measures on providing the conditions whereby they
can implement their international obligations to readmit migrants
and to build capacity to manage migratory flows."
29.16 On the section of the report on smuggling
of and trafficking in human beings, the Minister tells us
that:
"The United Kingdom will implement the Council
Directive defining the facilitation of unauthorised entry, transit
and residence and the Council Framework Decision on strengthening
the penal framework to prevent the facilitation of unauthorised
entry, transit and residence by 5 December. Section 1 of the Asylum
and Immigration (Treatment of Claimants, etc.) Act 2004 inserts
section 25(7) and (8) into the Immigration Act 1971, and will
allow the Secretary of State to make an order prescribing a list
of States, each of which are to be regarded as Member States for
the purposes of section 25 (and whose nationals are to be regarded
as citizens of the European Union for those purposes). The designation
order will come into force on 1 December. This will enable the
United Kingdom to meet its obligations and the Commission will
be notified of our compliance before the deadline date.
"Following its adoption in April, the United
Kingdom reviewed its position with regard to the Directive on
the residence permit issued to third country nationals who are
victims of trafficking in human beings. We remain of the view
that it would not be in our best interests to opt-in at this time.
We will continue to monitor developments and to keep our position
under review."
29.17 On transforming undeclared work into formal
employment, the Minister says:
"The focus of the Government's policy is to
ensure that labour migration takes place via lawful channels,
to ensure migrant workers receive the full protection of UK domestic
law and can maximise their contribution to the formal economy.
"The UK's decision to provide monitored access
to our labour market for nationals of countries joining the European
Union on 1 May has enabled a substantial number of migrant workers
previously engaged in undeclared work in the United Kingdom, but
who now enjoy free movement rights within the enlarged European
Union, to join the regular economy whilst enabling the Government
to track the economic impact. It is too early to reach any firm
conclusions on the overall impact of this decision on the incidence
of undeclared work. The Government does not believe it would be
appropriate to regularise the position of third country nationals
working illegally in the United Kingdom who remain subject to
immigration control. To do so would encourage more vulnerable
individuals into the hands of criminal gangs involved in the smuggling
and trafficking of people."
Conclusion
29.18 We consider that the Commission's annual
report provides a valuable account of recent Community action
to counter illegal immigration. The document is also a useful
reminder of the importance of cooperation between Member States
to control migration flows, combat abuses and reach mutually beneficial
agreements with third countries.
29.19 We are grateful to the Minister for her
helpful Explanatory Memorandum. We share the Government's view
that the notion of a European Corps of Border Guards is objectionable.
The Minister's comments on specific Regulations, Directives and
Decisions which have already been adopted or are proposed are
familiar to us from our previous scrutiny of those documents and
we have no questions we need put to her about them in the context
of the Commission's report. We are, therefore, content to clear
the document from scrutiny.
64 See headnote. Back
65
ARGO is a programme for administrative cooperation between Member
States on visas, asylum, immigration and the management of the
external borders. Back
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