2 Economic migration
| (26306)
5436/05
COM(04) 811
| Green Paper on a European Union approach to managing economic migration
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| Legal base | — |
| Department | Home Office |
| Basis of consideration | Minister's letters of 9 and 21 March 2005
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| Previous Committee Report | HC 38-viii (2004-05), para 5 (10 February 2005)
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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 | For debate in European Standing Committee B
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Previous scrutiny of the Green Paper
2.1 The Commission issued this Green Paper in January, with the
aim of initiating discussion about whether and to what extent
the European Community should have a policy on economic migration
and common rules for admitting economic migrants. The Commission
has asked for comments by 15 April. It intends to present a "policy
plan" on legal migration by the end of 2005.
2.2 The Green Paper:
- suggests reasons why the Community
should examine the options for an EU legal immigration policy;
- argues that such a policy would need to be put
into place progressively (bearing in mind that Article III-267(5)
of the proposed Constitutional Treaty leaves it to each Member
States to decide how many economic migrants to admit);
- describes three main options for EU legislation
(a "horizontal approach", covering all third country
nationals who wish to be admitted to a Member State for employment;
a "sectoral approach", dealing with specific types of
economic migrants, such as seasonal workers; or a "common
fast-track procedure", covering the admission of economic
migrants to fill a specific gap in the labour market);
- poses specific questions about, for example,
the mobility of economic migrants within the European Union after
their admission to a Member State; whether work and residence
permits should be combined; and the employment rights of third
country nationals working temporarily in a Member State;
- emphasises the importance of cooperating with
third countries on matters such as legal migration and the return
of temporary migrants at the end of their contracts; and poses
questions about whether third countries should receive compensation
or other assistance in recognition of their investment in, and
temporary loss of, their nationals who migrate to the EU for employment.
2.3 The Parliamentary Under-Secretary of State at
the Home Office (Caroline Flint) told us that the Government welcomes
the Green Paper's acknowledgement that it is for individual Member
States to control their own immigration policy. The Government
recognises the need for, and will take part in, an EU-wide discussion
about ways in which managed migration can be approached. The
United Kingdom would not be obliged to opt into any subsequent
measures.
2.4 It was clear from our initial scrutiny of the
Green Paper that it raises issues of major importance. We were
disposed, therefore, to recommend the document for debate. Before
reaching a final view about that, however, we asked the Minister
to:
- comment on the Green Paper's
assertion that, in the absence of a European initiative on economic
migration, migrants would be more likely to be able to bypass
national rules and legislation and that, in the absence of common
admission criteria, the number of third country nationals entering
the EU illegally would grow; and
- tell us the response the Government was minded
to make to the Green Paper well before it sends the response to
the Commission.
The Minister's letters of 9 and 21 March
2.5 In her letter of 9 March, the Minister replies
to our question about the Commission's assertion about the likely
consequences if there were no EU initiative on economic migration.
She says that the assertion :
"makes a more transparent link between legal
and illegal migration than that concluded by the Commission's
own study last year.[2]
That study found that while there is a link, the relationship
is complex and certainly not a direct one. So far as the UK is
concerned, effective action on illegal immigration is not contingent
on there being common EU rules on labour migration. Illegal immigration
takes place for many different reasons, not simply limited opportunities
to migrate legally or differences in criteria operated by different
EU Member States.
"Illegal workers are sometimes employed in the
UK, for example, because the employer wishes to avoid complying
with legal obligations, such as the payment of National Insurance
and the national minimum wage. A legal migrant worker or domestic
worker may not be offered the work in question because they could
not be mistreated in the same way. In such cases, it is not possible
to make a direct equation between more legal labour migration
and less illegal immigration.
"Setting common standards that properly enshrine
employment rights for migrant workers will not end the trade in
illegal labour. What is required is a strategy combining a mixture
of enforcement and compliance measures. Therefore, we consider
that effective action against illegal migration is possible and
it ought not to be dependent on whether there are common EU rules
on labour."
2.6 The Minister's letter of 21 March replies to
our request to be told the response the Government is minded to
make to the Green Paper. The Minister tells us:
"We believe it is important for us to consider
the Green Paper in light of our recently published 5-Year strategy
'Controlling our borders: Making Migration work for Britain'.
Our plan recognises the fact that immigration is neither new nor
unique to the United Kingdom. There are clear benefits from economic
migration and the United Kingdom will continue to welcome economic
migration within strict criteria. A new single points based system
will be introduced to replace the current range of routes, each
of which currently have their own specific criteria. This system
will be designed to ensure that the UK only takes migrants for
jobs that cannot be filled from our own, and the EU resident,
workforce and focuses on the skilled workers the UK needs. In
short, to allow immigration when it is in our country's interests
and prevent it when it is not. Our final response to the Green
Paper and to any future EU proposals will be examined against
the backdrop of our own strategic plan.
"Beyond this we agree with several points in
this Green Paper. For example, we welcome the Commission's recognition
that it is for individual Member States to determine the number
of economic migrants that are granted access to their territory.
We agree that there is an arguable case for selective economic
migration into the EU (provided certain criteria are met, such
as where skills shortages cannot be met through the resident and
EU workforce).
"We also welcome the Commission's acknowledgement
that any adopted measures should minimise the administrative burden
for Member States and third-country nationals.
"There are however areas where at this stage
we take a different view to that of the Commission and will wish
to ensure that there is healthy debate. For example: We believe
that governing access to borders is a matter for individual Member
States and we also consider that it is imperative that Member
States retain the flexibility to respond the needs of their labour
markets. Also, we are disappointed to see the Commission treat
the issues of Community rules, governing entry of third country
nationals for economic reasons, and intra-EU mobility of EU citizens,
as separate.
"We also have concerns regarding the Commission's
proposition that "...Third country workers should enjoy the
same treatment as EU citizens ...". An argument for ensuring
that migrant workers have secure legal rights exists. However,
what those rights should be can only be elucidated in the light
of Member States' responses, the process of public consultation
and the emerging conclusions the Commission seeks to draw from
this whole process.
"Lastly, as the Committee will already know,
the UK retains the right to opt in to measures relating to legal
migration. Our position in this area is very clear; we would not
opt in to measures that would undermine our ability to control
our borders. In this context there are no immediate policy implications
for the UK as a result of this Green Paper. It is important to
remember that this Green Paper is limited in the sense that it
is a call for further discussion and not a formal policy proposal
at this stage."
Conclusion
2.7 We are grateful to the Minister for her letters.
2.8 It seems to us that the key question is whether
it is necessary or desirable for the European Union to have a
policy on economic migration and common rules for the admission
of migrant workers from third countries. We doubt that the Green
Paper makes a sufficient case for such an initiative. Our doubts
are strengthened by the Minister's response to our question about
the Commission's assertion that, in the absence of EU measures
on legal migration, illegal immigration would increase.
2.9 We can, however, see persuasive arguments
for cooperation with third countries on legal migration; such
cooperation might be either bilateral or through the European
Union. There may also be some specific matters — affecting,
say, the employment conditions of migrant workers — on which
common standards might be justified. The case for some such specific
common measures may emerge during the discussions between Member
States about the Green Paper.
2.10 At this stage, however, our concern is not
so much with the detailed questions posed in the Green Paper as
with the issue of principle: should the European Union develop
a policy on economic migration that would be binding on Member
States? We consider it desirable that the House should have the
opportunity to debate this fundamental question at the outset
of the consultations. We recommend, therefore, that the document
be debated as soon as possible in European Standing Committee
B.
2 See "Improving access to durable solutions"
(25725) 10102/04: HC 42-xxiv (2003-04), para 4 (23 June 2004). Back
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