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EU 120: Letter to the Chairman from the Secretary of State for Foreign and Commonwealth Affairs: Malta and Cyprus
I'm pleased to hear your committee had useful visits to the islands of Malta and Cyprus. You are right to say that the UK has strong cultural and bilateral ties with both EU member states.
Your letter raised a number of interesting issues and questions, which I have addressed in order below.
Malta
1. As you know, Malta acceded to the EU in 2004, and subsequently joined the Schengen area in December 2007. During this time illegal immigration to the island has become the top political priority for Malta. Malta is a small, densely populated nation where the influx of relatively small numbers of illegal immigrants has a major impact. If the 2008 level of influx were to occur in the same ratio in the UK, this would amount to 450,000 illegal immigrants arriving in the UK in one year. Those who end up in Malta were aiming to land in Italy, or elsewhere on the European mainland. What is the UK Government doing both unilaterally and on an EU basis to stop the inflow of illegal immigrants into the EU by sea across the Mediterranean ?
The UK is working with source and transit countries for migrants along the route into the Mediterranean. This is an important means of alleviating the pressure on Malta by working to develop capacity "upstream". Notable examples include the development of an assisted voluntary returns scheme in Libya, one of the major countries for asylum seekers heading to Malta, which has secured the return of 3,600 migrants since 2006. The UK has also provided training to the Libyan authorities in document fraud identification and is currently seeking to increase upstream returns from Libya and Egypt to source countries, as well as capacity build in border management.
2. During our visit we were able to talk to illegal immigrants in an enclosed detention centre. Should illegal immigrants stay in the detention centre for 18 months, and no papers can be found to enable return or repatriation, they are released. What specific steps are being taken to assist the Maltese government to obtain travel documents from other countries to enable the return of illegal immigrants to their country of origin?
In 2008, the UK facilitated contact between officials from the Maltese Ministry of Foreign Affairs and Ghanaian Immigration Authorities as Malta developed its first programme for Assisted Voluntary Returns.
In November 2009, the UK offered to relocate ten refugees from Malta in recognition of the exceptional pressure that Malta faces as a result of its size and position on the front line of illegal immigration routes into Southern Europe. The offer was accompanied by a package of practical assistance, including help to improve Malta's programme to return failed asylum seekers, and assistance with diplomatic lobbying of foreign based Embassies with a view to obtaining travel documents and facilitate returns. It is also envisaged that our experience and expertise could be further shared through a series of workshops or study visits on the different areas of returns practices and procedures to help Malta to more effectively pursue their Returns programmes.
I believe that providing targeted practical assistance is the only means of developing a sustainable solution to the pressures of illegal immigration in the Mediterranean region. With this in mind, the UK had previously provided 50 sessions of language analysis to help the Maltese determine the country of origin of asylum applicants and to demonstrate the value of language analysis in asylum processing.
3. The Committee were able to talk to the detainees who told us how they arrived in Malta. The vast majority travel from the Horn of Africa, through the desert border into Libya. From there they travel by sea hoping to reach the mainland, but often have to be rescued by the Maltese Coastguard. During our meetings it was made clear to us that Italy have come to an agreement with Libya on immigration. Given that a large number of illegal immigrants from the Horn of Africa wish to ultimately settle in the UK, how can the EU proposed Framework Agreement with Libya ensure the desert border is more robustly policed? What steps are being taken to effectively limit the number of illegal migrants departing from Libyan ports?
The EU framework agreement is an instrument through which dialogue between Libya and the European Community can take place. It outlines the principles through which all parties will work to strengthen their cooperation. The framework agreement is at present in the process of negotiation, and migration management is an area in which discussion is still active. One of the articles of the agreement addresses the framework through which cooperation between all parties should take place, and refers to capacity building, best practice and the provision of technical assistance. We are hopeful that the framework agreement will provide a channel for EU support to the Libyan efforts to manage irregular migration. In addition we continue to offer bilateral support to Libya in addressing border management, including through capacity building assistance.
4. Malta has strong historic links with the UK; many UK citizens reside on the island; it is a member of the Commonwealth; and it is in an important geographical strategic position. However, over the years the staffing levels in Post have reduced from 60 to 31 to 15. While much of the UK's dealings with Malta take place at an EU level, there has been no official visit by a UK Minister to Malta since the Deputy Prime Minister in 2007. When will there be a further ministerial visit? Does the Foreign Office see its current presence in Malta significantly altering in size in the coming years?
Prior to Malta's accession to the EU in 2004, there was a need for more staff in post to support the Maltese Government through the accession process. The reduction in staff at post in Valletta was in line with a rationalisation of staffing levels throughout Europe, where much work is now done in Brussels. All staffing levels are kept under review and changes may be made at any stage to reflect work levels and business need. However we recognise the desire for stability after a period of rapid change. We cannot predict when a further ministerial visit will take place; it is likely that Ministers in a new Government will have a number of priorities when they take office after the election later this year.
5. The British High Commission in Valetta is currently trying to gain permission for a small estates project to consolidate its office space onto a single floor in order to secure reduced lease payments. It is estimated that the cost of such a project would be covered within 4 years, with substantial cost savings year on year after that. Will this permission be given? It is also suggested that more significant savings could be made if the FCO were to purchase a building in Malta outright. Does the FCO agree? When assessing its estate generally, what factors are taken into account to decide whether to lease or purchase accommodation? What consideration has been given to a "spend to save" policy regarding the FCO estate?
In deciding whether to buy or rent accommodation the FCO undertakes detailed options appraisals which assess the financial merits of each option. Other factors taken into account include security, availability and local operational factors. In the future these decisions will be guided by our new global estate strategy, supported by regional asset management plans, the aim of which is to provide a flexible, modern, fit for purpose and above all cost effective estate. "Spend to Save" projects, such as the proposal in Valletta, will continue to form an important element in delivering the new strategy.
Cyprus
6. Under the Treaties of Alliance and Guarantee, the UK, Greece and Turkey have guarantor powers in Cyprus. Turkey, is currently applying to join the EU. Given the pressures and workload of the UN across the globe, and that there has been relatively peaceful relations between North and South Cyprus in recent years, what assessment has the Foreign Office made of the possibility that the UN may withdraw from Cyprus should the current negotiations fail? Should this happen, what would be the UK's duties as a guarantor power, and what would the impact be on UK policy towards Cyprus? The UN Security Council has not discussed the possibility that the UN may withdraw from Cyprus should the present negotiations fail. The Security Council is rightly focused on the prospects of success. UNSCR 1898 (2009) requested the Secretary General to submit a report on the implementation of the Resolution, including on contingency planning in relation to the settlement, by 1 June 2010. The UN peacekeeping mission in Cyprus, UNFICYP, was established in 1964 in the wake of inter-communal conflict between Greek and Turkish Cypriots. Its troops supervise the de facto cease fire lines established in 1974 and maintain control over the buffer zone dividing the island. Their purpose is to maintain the military status quo to prevent a recurrence of fighting, and to undertake humanitarian and economic activities to promote a return to normal conditions. Although tensions have reduced over the years, UNFICYP still records on average about 1,000 incidents in the buffer zone every year. Its mandate is renewed every six months by the Security Council. The UK is not obliged by the Treaty of Guarantee to provide peacekeeping troops for Cyprus should the UN mission withdraw from Cyprus. In such a circumstance, the UK's policy would be to continue to recognise and guarantee the independence, territorial integrity and security of the Republic of Cyprus and promote a comprehensive solution based on the established UN parameters of a bi-zonal, bi-communal federation with political equality.
7. What assessment has been made of the impact of Cyprus' membership to the EU in terms of creating an imbalance of rights and legal protection on the island, particularly following the Orams case?
Both Greek Cypriots and Turkish Cypriots are free to pursue legal remedies through domestic and European Courts, if they so choose. In 2004 the UK agreed, alongside all other Member States, that the EU's Accession Treaty would apply the EU's legal rights and protections to the Republic of Cyprus, though those provisions would not apply in the north of the Island, where the acquis is suspended under Protocol 10 until an agreed settlement reunited the Island. Whilst the acquis is suspended in the north, all Cypriots, including those that live in that area, have EU citizenship and have the consequential legal rights which could be exercised in courts in the south of the Island. The UK recognises that the suspension of the acquis in the north has resulted in practical difficulties for implementation of those rights and protections in the north, and pursues a policy of active support for a settlement that reunites all Cypriot communities, and applies the acquis to the entire Republic of Cyprus.
The issues surrounding property in particular are sensitive and difficult. The case of Apostolides v Orams was a private legal case. The case established that a judgment of a court in the Republic of Cyprus, ruling in favour of the original Greek Cypriot owner of land in northern Cyprus and against subsequent British purchasers, could be enforced against them under EU law in the UK.
While the Republic of Cyprus is a member of the EU, the "TRNC" is not internationally recognised except by Turkey. For this reason, on the island, only judgements made in the Republic of Cyprus can be enforced under EU law in other member states.
In the Republic of Cyprus, the rights of Turkish Cypriots owning properties in the south is governed by the Turkish Cypriot Properties Management and Other Matters (Temporary Provisions) Law. Under this law, the Minister of the Interior is appointed Custodian of Turkish Cypriot properties and has been since 1974.
However a recent out of court agreement at the ECHR (Cyprus v Sofi) saw Sofi, a Turkish Cypriot being awarded damages and property situated in the Republic of Cyprus returned to her use.
There are a number of private property legal cases currently going through the courts including a case at the ECHR on whether the Turkish Cypriot "immovable property commission" constitutes an effective remedy for property resolution.
8. The British High Commission in Cyprus are under severe budgetary pressure given the decrease in Sterling against the Euro. From an annual budget in 2009-10 of £2.5 million, 95% of this is committed to contracts such as salaries, pensions and estates. This leaves a discretionary spend budget of £125,000, which is purchasing substantially fewer Euros compared to when the budgets were originally set. How has this affected the High Commission's ability to facilitate negotiations and exert influence in Cyprus? Can the Foreign Office provide the Committee with details of activities carried out by the High Commission for the years 2007, 2008, 2009 and planned activities in 2010? The UN settlement process is for Cypriots, by Cypriots. The High Commission is not facilitating talks on the island. Over the period 2007 to 2009 the High Commission has been: - helping the parties pursue a Cyprus Settlement; - facilitating the effective functioning of the Sovereign Base Areas; - supporting British nationals in Cyprus (residents and visitors) both in normal times and crises; - working with Cyprus as an EU partner in areas of clear mutual interest (e.g. economic reform) and bilaterally to drive forward action resulting from the UK/Cyprus Memorandum of Understanding signed by the Prime Minister and President Christofias in 2008; - working in Cyprus against terrorism to help defend Britain and British interests in Cyprus; - supporting the British Economy by assisting British companies to do business in Cyprus The High Commission has also been supporting other British government departments to e.g. tackle the effects of serious crime on UK and to ensure the effective regulation of the entry to, and settlement in the UK from non-EU nationals from Cyprus and Greece. For the coming year the High Commission will continue with these objectives. The Foreign Secretary announced on 10 February (official report 10 February 2010: column 53WS) a range of measures to help manage the impact of exchange rate movements on the FCO's budget in the next financial year. The way in which these measures will affect the budgets of individual posts, including the British High Commission in Nicosia, has not as yet been finalised. 9. Is the Government considering withdrawing British Armed Forces from Cyprus almost entirely as reported in the Sunday Times on 24 January?
The MOD have provided the following response:
It is essential to prioritise the expenditure of finite resources on the most critical areas. As part of this continuing process of ensuring that we make the best use of public money, the Ministry of Defence is conducting a large number of reviews into various areas of defence. These reviews are part of the Government wide Value for Money programme and one such review is on the Force structure in Cyprus. This review is ongoing and no decision has yet been made. RAF Akrotiri is an important staging post for military aircraft and the communications facilities are a vital part of our world-wide links. The Sovereign Base Areas (SBAs) also provide excellent training facilities with reliable weather conditions and demanding terrain.
David Miliband 18 February 2010 |