5 Sanctions against employers of illegally
staying third country nationals
| (28656)
9871/07
+ ADDs 1-3
COM(07) 249
| Draft Directive providing for sanctions against employers of illegally staying third-country nationals
|
| Legal base | Article 63(3)(b) EC; co-decision; QMV
|
| Department | Home Office |
| Basis of consideration | Minister's letter of 9 October 2007
|
| Previous Committee Report | HC 41-xxxi (2006-07), para 4 (18 July 2007); HC 41-xxvii (2006-07), para 3 (27 June 2007)
|
| To be discussed in Council | No date set
|
| Committee's assessment | Legally and politically important
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| Committee's decision | Not cleared; further information requested
|
Background
5.1 We considered this draft Directive on 27 June and 18 July.
We noted that it was proposed under Article 63(3)(b) EC[22]
and intended to provide for common sanctions and measures to be
applied in the Member States against employers of third country
nationals who are staying illegally. We also noted that the Government
was still considering whether or not to opt in to this measure
under Title IV EC.
5.2 We shared the Minister's concern over this further
attempt to introduce criminal penalties under the EC Treaty, which
we believed to be beyond the competence of the Community, and
considered the provisions of the draft to be both highly prescriptive
(arbitrarily settling on infringements involving four illegal
workers as the threshold for criminal liability) and unacceptably
vague (making criminal liability turn on such concepts as "significantly
exploitative working conditions").
5.3 We held the document under scrutiny pending further
information from the Minister, notably on any decision to opt
into this proposal.
The Minister's letter
5.4 In his letter of 9 October the Minister of State
for Nationality, Citizenship and Immigration at the Home Office
(Liam Byrne) informs us that the Government has decided not to
opt into the Directive at this stage, but "instead will work
closely with other Member States during negotiations to attempt
to address the Directive's major difficulties". The Minister
adds that if the Government is successful, it would wish to seek
approval to opt in after adoption.
Conclusion
5.5 We thank the Minister for his letter and welcome
the decision not to opt into this proposal.
5.6 For the reasons we have expressed in our reports
of 27 June and 18 July we agree with the Minister that there are
major difficulties with this proposal.
5.7 We shall look forward, in due course, to further
information from the Minister on the negotiations, given that
the Minister holds out the possibility of a decision by the UK
to opt in at some future stage.
5.8 We shall hold the document under scrutiny
in the meantime.
22 This provides for the adoption of measures on immigration
policy within the area of "illegal immigration and illegal
residence, including repatriation of illegal residents". Back
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