Memorandum submitted by The Embassy of
Romania in London
The Embassy of Romania in London represents
Romanian interests in the UK. The Embassy is responsible for building
and developing contacts between our two countries at all levels,
and in a wide range of fields. More information about the Romanian
diplomatic presence in the UK is available from our website, http://londra.mae.ro.
The Embassy of Romania welcomes the opportunity
to contribute to the joint inquiry on migration issues related
to the accession of Bulgaria and Romania to the EU.
BACKGROUND
The accession of Romania and Bulgaria to the
European Union on 1 January 2007 marks the conclusion of the fifth
wave of EU expansion, a single process that included the admission
of 10 new member states in 2004.
Throughout Romania's negotiations for EU entry
the UK has proved a particularly staunch supporter of our case
for membership, and has backed these words with extensive bilateral
assistance and technical expertise. Indeed, without the friendship
of the UK it is unlikely that Romania's successful transformation
from communist dictatorship to liberal democracy would have been
so swift.
It was therefore of great surprise to us that
the UK government should propose to introduce restrictions on
the free movement of labour from Romania and Bulgaria after 1
January 2007. No such constraints were proposed for the fifth
wave countries admitted in 2004. The implication of these regulations
is to suggest a discriminatory approach.
The Treaty of Accession does offer EU Member
States the option of introducing transitional measures for new
entrants. The UK government is wholly within its rights to propose
temporary regulations on workers from Romania and Bulgaria, however,
in our remarks below we draw the attention of the Joint Committee
to issues surrounding the salience, practicality and consistency
with British law of the proposed work permit scheme.
LEGALITY OF
THE PROPOSED
WORK PERMIT
SCHEME
Section 2 of the EU (Accessions) Act 2006 permits
the introduction of transitional provisions for the new member
states during the "accession period", a length of time
that could be two years, five years (two plus three), or in exceptional
circumstances, seven years (two plus three plus two).
The Accession (Immigration and Worker Authorisation)
Regulations 2006 are not adequately clear on what is meant
by the "accession period", nor the grounds on which
the duration of the "accession period" might be extended
beyond an initial two years. Furthermore, it is unclear on what
basis such a decision could be taken.
Specifically, the Regulations make no reference
to the initial two-year period, as provided for in the EU Accession
Act, referring instead to the period "1 January 2007 to 31
December 2011", ie five years. Legal opinion strongly suggests
this aspect of the framing of the Regulations to be suspect and
open to challenge at the European Court of Justice. Further opinion
is being sought on whether the UK is left open to the challenge
by legal action should Parliament approve the Regulations as currently
proposed.
The Embassy of Romania considers that the inquiry
is a good opportunity to assess whether the powers the Regulations
appear to grant are consistent with the intentions of Parliament
when it approved the EU (Accessions) Act 2006, as far as the length
of the application of restrictions proposed is concerned. We would
also like to draw the Committee's attention to the repeated public
references by the Government that it would review any proposed
restrictions one year after implementation.
GENERAL REMARKS
Beyond the technical issues of a law's drafting,
the primary standards against which policy should be measured
are the relevance and workability of the proposed regulations—is
it in the interests of the nation to introduce these measures,
and will the suggested scheme be an effective means for securing
the desired objectives? We doubt that the policy as reflected
in the Accession (Immigration and Worker Authorisation) Regulations
2006 adequately responds to these requirements.
The economic benefits of free movement of labour
The UK economy has benefited greatly from the
policy of allowing free movement of labour from the A8 nations—those
central and eastern European states admitted to the EU in 2004.
Reports from the Ernst and Young Item Club[9],
Business for New Europe[10],
and most recently the House of Lords European Union Committee[11]
have all remarked on the positive economic implications to the
UK of free movement of labour. Indeed, even amongst those who
suggest now might be a time to "pause for breath", there
is no disagreement with the view that free movement of labour
has contributed markedly to the growth of the UK economy.
In areas where the UK has a demonstrable skills
shortage, Romanian workers are already helping to fill the gaps.
Romania, for example, boasts a particularly skilled IT sector
from which British companies actively recruit. Similarly, the
UK has also benefited greatly from the services of numerous Romanian
health professionals—including doctors, nurses, radiotherapists
and physiotherapists—workers on whom Britain's public services
depend.
These highly skilled workers aside, of the recent
migrants from A8 nations those who have proved of particular value
to the UK economy have in fact been amongst lesser skilled groups—agricultural
labourers, construction workers, hospitality and catering staff—individuals
whose work ethic means they are prepared to take jobs less attractive
to many British nationals. In the construction and agriculture
sectors this shortage of willing labour has been particularly
acute. We understand that in the construction sector the lack
of workers is likely to jeopardise the completion of major infrastructure
projects and the construction to schedule of facilities for the
2012 Olympics.
Romanian workers have the skills and the mentality
that the UK needs, and although they themselves would not come
in the numbers sufficient to fill the shortages in the UK, it
is clear that those Romanian workers that do come would make a
further positive contribute to the UK economy.
The Embassy of Romania would like to take the
opportunity of this inquiry to express its interest vis-a"-vis
the estimates the Government has made of the contributions Romanians
currently make to the UK economy, and, on this basis, vis-a"-vis
the reasoning behind setting the work permit limit at the level
proposed.
Patterns of migration from Romania
It is estimated that some 10% of the Romanian
population currently works or has settled outside of the country.
Although EU accession will facilitate some further movement, it
is thought that outward economic migration from Romania has largely
been satiated[12].
A principle factor behind this is the period
of unprecedented growth being experienced in the Romanian economy,
and major inflows of both private investment and EU funds as a
result of accession. Indeed, the Romanian labour market already
faces significant shortages, so driving up substantially per capita
income. Quite simply, it is no longer as tempting for Romanians
to uproot themselves and work abroad as could have been the case
10 years ago. Romania is also becoming a destination of inward
migration in its own right, with some 2,000 British nationals
currently thought to reside there. Comparatively cheap property
prices and the lower cost of living also makes Romania an increasingly
attractive destination for holiday homes or retirement living.
Notwithstanding these domestic economic factors,
analysis of past migration makes clear the UK is not a preferred
destination for Romanians working abroad—Italy (29%), Spain
(22%) and Germany (13%), for example, all being favoured for cultural
and historical reasons.
Although introducing a work permit system in
the UK may act as a partial deterrent to migration from Romania,
of greater significance is the draw of other countries for Romanians
who seek the life experience of temporary residence and work abroad.
Free movement of peoples and the efficacy of a
work permit system
A fundamental principle upon which the European
Union is founded is the unfettered movement of nationals between
member states.
The Embassy of Romania is ready to work in partnership
with the British government and employers to ensure that any work
restrictions operate both fairly and effectively and in a manner
best able to protect Romanian workers from being driven into the
black market or becoming subject to exploitation.
Free movement of people and "undesirables"
A less appealing aspect of free movement of
peoples is the opportunity it provides for lawbreakers to take
their chances in other jurisdictions. All countries, of course,
have their share of criminals but some recent tabloid coverage
has tended to give the impression that Romanians and Bulgarians
are criminals by their very nature.
Perhaps the most offensive example of this was
a story published in The Sun on 1 November 2006. Written
by its senior political journalist, the story revolved around
a confidential Home Office document that considered what consequences,
if any, the entry of Bulgaria and Romanian to the EU might have
for policing in the UK.
We note also the reports of British journalists
in Bucharest offering to fly adult-entertainers to the UK on 1
January 2007 in order to enable their newspaper to run stories
that the first people off the plane from Romania following the
dropping of the visa requirement were sex workers. Where both
our Parliaments view the issue of people trafficking with the
utmost seriousness, we would urge that Parliament do all it can
to prevent the press from being involved in any such exploitative
activities.
In a similar tone, further tabloid scare stories
have portrayed nationals of Bulgaria and Romania as carriers of
AIDS or tuberculosis, and seemingly intent on targeting the UK
to spread these diseases.
Although the Committee will undoubtedly see
these headlines for what they are—the most offensive form
of journalistic sensationalism—taken together these stories
have succeeded in painting a highly damaging and misleading image
of Romania and Bulgaria. This, in turn has influenced the background
against which the government is now proposing to introduce limitations
on workers from the new accession countries.
The Embassy of Romania stands ready to provide
the Committee relevant information on the level of cooperation
between Romania and UK in the law-enforcement area. Our information
and records suggest that cooperation has been outstanding and
has been repeatedly praised by British law-enforcement officials.
CONCLUSION
Romania's accession to the EU on 1 January 2007
should be a time of celebration for all of Europe. We welcome
the determination of the joint Committees to debate on the rights
of Romanians and Bulgarians to enjoy the full benefits of EU membership.
In this regard the Embassy of Romania stands ready to assist the
Committee further with its Inquiry and to appear as a witness
should the Committee return to this subject in the months ahead.
9 Item Club Special Report, September 2006. Back
10
Business for New Europe, The Case for Free Movement in Europe,
26 September 2006. Back
11
House of Lords European Union Committee, The Further Enlargement
of the EU: Threat or Opportunity?, 23 November 2006. Back
12
The Ministry of Labour (Department for Work Abroad), The Office
for Labour Migration and The University of Oradea (November 2006):
The opening of the labour market in Romania. Opportunities and
Risks, Bucharest. Back
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