13. Memorandum submitted by the Mayor
of London
SUMMARY
EU legislation in the area of Justice and
Home Affairs impact on London and the Mayor's responsibilities
for policing, refugee integration as well as social and economical
development more generally. The Mayor is concerned about lack
of progress at EU level on key issues towards the development
of the EU as an area of justice, freedom and security and sees
a clear interest in strong cooperation at EU level to effectively
combat the threat of terrorism. The Mayor therefore fully supports
the European Commission's suggestion to move towards more effective
decision-making procedures in the Council and to give a stronger
role to the European Parliament and the Court of Justice.
INTRODUCTION
1. The Mayor of London welcomes the opportunity
to respond to the Home Affairs Committee's inquiry into European
Union issues, notably the Commission's proposals for implementation
of the "passerelle" clause allowing co-decision and
qualified majority voting on certain Justice and Home Affairs
issues and the mid-term review of the Hague programme.
2. The Mayor follows EU developments in
this area closely due to the direct impact EU policies have on
London and on the Mayor's responsibilities in areas such as policing
and refugee integration. Also, more generally immigration and
asylum legislation determined at EU level influence the Mayor's
statutory responsibilities for London's social and economic development
as well as the Mayor's obligation to promote equal opportunities
for all and to address health inequalities.
3. Via his European Office, the Mayor engages
directly in EU policy developments in the area of Justice and
Home Affairs. Recent contributions include a submission to the
Commission's evaluation of Council Directive laying down minimum
standards for the reception of asylum seekers (2003/9/EC) and
a submission to the Commission's Green Paper on an EU approach
to managing economic migration. The Mayor's European Office will
also play an active role in the forthcoming consultation on the
Green Paper on a second phase of a Common Asylum System.
CLOSER AND
MORE EFFECTIVE
EU COOPERATION
4. The Mayor appreciates the need for stronger
and more effective decision-making procedures at EU level in those
areas within Justice and Home Affairs that are still subject to
so-called third pillar cooperation, notably police and criminal
justice matters.
5. There are obvious reasons for concern
about the lack of progress in negotiations between Member States
on key issues such as the criminalisation of offences of racism
and xenophobia on a uniform basis across the EU. The current need
for obtaining unanimity means that it is the most reluctant Member
States that determine the pace of progress and there is little
scope for more progressive Member States to move forward at EU
level and to push for legislation that goes beyond minimum standards.
6. Also, terrorism will clearly continue
to pose a threat to the EU in the future, not least in London.
The Mayor believes that effective cooperation at EU level, and
legislation that facilitates the smooth collaboration between
law enforcement agencies, are essential in terms of ensuring safety
of all EU citizens and preventing further attacks.
7. He therefore fully supports the Commission's
suggestion to move towards the "Community Method", including
the use of qualified majority voting in the Council and co-decision
with the European Parliament, together with an increased role
for the European Court of Justice. This would increase the legitimacy
of EU legislation in the area and push Member States into more
dynamic negotiations in the search for compromises.
8. A strengthened decision-making procedure
should develop in parallel with measures to improve operational
cooperation between Member States. For example on counter-terrorism
other EU Member States have a lot to learn from the UK, and notably
London, in terms of developing community engagement programmes
to fight radicalism and counter terrorism in general. Mechanisms
at EU level which facilitate exchange of good practice between
Member States and sub-national levels are crucial to achieving
good results in the long-term.
9. Finally, the Mayor regrets that the UK
does not fully participate in all parts of the Hague Programme
and systematically chooses not to participate in EU measures related
to immigration. It is well known that London is a city built on
immigration and that the immigrant population has contributed
enormously over time to the economic, social and cultural development
and made it into the vibrant city it is today. Not participating
in EU-wide rules regulating the rights and responsibilities of
third country nationals puts London's large immigrant population
at a disadvantage compared to third country nationals in the rest
of the EU, notably when it comes to the right to free movement
within the EU. The Mayor hopes that the Government is willing
to reconsider its position on this matter in near future.
Dorthe Nielsen
Senior Policy Coordinator, London's European Office
Richard Wiltshire
Government and Parliamentary Liaison
25 September 2006
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