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Lord Avebury: Is the noble and learned Lord saying that an individual adjudicator, however distinguished, knows more about the phenomenon than, say the European Roma Rights Centre, or the High Commissioner for National Minorities in the OSCE, or the rapporteur on racial intolerance at the United Nations High Commission and many other authorities which could be quoted?
Lord Falconer of Thoroton: I am saying that the debate is about the extent to which the system that includes the Immigration Appeal Tribunal should be open on the basis of an in-country or an out-of-country appeal. The system to which the argument relates for allowing in-country appeals has given that comment. It is an independent judicial figure. I make no claim about who knows more about it than any other group. I simply draw attention to how the system has dealt with the claims so far.
Unless there are any other points with which, after reading Hansard I think I should deal, I urge Members of the Committee to support the government amendment and reject the amendment to Amendment No. 9.
Lord Goodhart: The noble and learned Lord cited a passage from the comments of the UNHCR. Immediately following that passage, there is another paragraph which states:
- "Clearly, a safe country of origin list and a presumption of non-validity places a heavier burden of proof on an asylum applicant. Asylum applicants must therefore be given a real opportunity to rebut the presumption, recognising that a rebuttal will only be truly effective where an appeal is heard in the UK".
Lord Falconer of Thoroton: Looking at Clause 12, I can see that to some extent that knocks a problem in
the point I was making relating to the UNHCR document. However, it does not detract from the basic point I was making about the principle.
Lord Goodhart: I beg leave to withdraw Amendment No. 9A.
Amendment No. 9A, as an amendment to Amendment No. 9, by leave, withdrawn.
On Question, Amendment No. 9 agreed to.
Lord Falconer of Thoroton moved Amendments Nos. 10 and 11:
- Page 50, line 14, leave out "who is in the United Kingdom"
- Page 50, leave out lines 16 and 17 and insert "the claim or claims mentioned in subsection (1) is or are clearly unfounded."
On Question, amendments agreed to.
Lord Falconer of Thoroton moved Amendment No. 12:
- Page 50, line 17, at end insert—
[Amendments Nos. 12A to 12K, as amendments to Amendment No. 12, not moved.]
On Question, Amendment No. 12 agreed to.
Lord Falconer of Thoroton moved Amendment No. 13:
On Question, amendment agreed to.
Lord Bassam of Brighton: I beg to move that the House do now resume. In doing so, I propose that the Committee stage begin not before 9.15 p.m.
Moved accordingly, and, on Question, Motion agreed to.
Baroness Symons of Vernham Dean rose to move, That the draft order laid before the House on 17th July be approved [37th Report from the Joint Committee].
The noble Baroness said: My Lords, it is a key United Kingdom interest that the people of the western Balkans should be able to put violence and instability behind them and join the democratic European mainstream.
The past few years have seen great changes in the region. Croatia and the Federal Republic of Yugoslavia have taken important steps to reject the politics of nationalism and embrace the vision of a European future. Tudjman is dead. Milosevic stands trial for war crimes in The Hague. The crisis last year in Macedonia has been overcome. Recent elections have been broadly peaceful and judged to meet international standards.
The European Union is a key player in the long-term normalisation of the region and its new strategic role in the Balkans has been crucial to these breakthroughs. The agreement we debate today is an example of the contracts the EU is making with the countries of the region, which are central to the EU strategy.
The European Union's stabilisation and association process in the Balkans acknowledges that the countries of the region have a real chance to join the Union. The United Kingdom is a strong supporter of this strategy. It will bring the countries of south-eastern Europe closer to the EU, offering the perspective of EU membership. It does not do this unconditionally. Accession negotiations can start only once the criteria of the Copenhagen European Council and the Treaty of Amsterdam have been met and the regional co-operation satisfactorily established. But the EU offers help to clear those obstacles along the path to Europe. It therefore offers a powerful incentive for change and an important way of building peace and stability in the region.
The EU aid programme for the region is specifically designed to support this process, notably through an emphasis on institution building. It has been allocated nearly 5 billion euros between 2000 and 2006. The crucial contractual elements in this process are the
Macedonia is emerging from a difficult period. The EU, together with other international actors, has played a key role in bringing about a peaceful settlement of last year's conflict. It is to be hoped that the successful elections on 15th September have marked a clear decision by all parties to move forward.
The stabilisation and association agreement is Macedonia's road to European integration. Perhaps I may give your Lordships some examples of how. The agreement recognises Macedonia as a "potential candidate" for the EU. It sets out the stages for Macedonia to progress towards eventual EU membership via a closer partnership with the European Union.
The SAA promotes regional co-operation and will open up regional economic opportunities. In addition, the SAA includes a free trade area to be established after 10 years. The agreement also requires Macedonia to adopt European standards on a range of single market issues that should help build up the administrative capacity within the country. The free trade area builds upon the trade preferences that Macedonia and the other countries of the region already enjoy. These provide the most generous access of any Community trade regime with more than 95 per cent duty free access.
Following last year's ethnic violence in Macedonia, the provisions that provide support for democratic, economic and institutional reforms will be a key element in ensuring that Macedonia remains on the course of peace it has chosen and is ultimately able to join the European Union. Macedonia's recent ethnic and political turmoil have underlined the need for continuing reform in the field of law and order. The provisions for co-operation in justice and home affairs in the SAA will therefore receive particular prominence.
Implementation of the SAA by Macedonia will be a central and continuing requirement of the European Union. The formation of the new government in Skopje provides the opportunity to take the steps necessary for this. Implementation of the SAA will reinforce public administration reform and good governance. Our own DfID and the European Commission are working to provide support for this.
I had hoped to be able today to present the EU/Croatia stabilisation and association agreement to your Lordships. However, for the promise of "potential candidate" of the EU to be meaningful, it is essential to maintain the political criteria. This includes full co-operation with the EU and the international community. As many of your Lordships will be aware, the Croatian Government have failed to hand over General Janko Bobetko to the International Criminal Tribunal for the Former Yugoslavia—the ICTY. General Bobetko has been indicted for war
Nevertheless, the UK remains a staunch supporter of Croatia's EU aspirations. We hope that Croatia will move swiftly to comply with the indictment against General Bobetko and thereby fulfil its international obligations. Once this is resolved, we will continue the process of ratifying Croatia's SAA.
The Government believe that the European Union's role as a source of stability is vital for the future peace of the western Balkans. The SAAs are important building blocks for this. The Macedonian stabilisation and association agreement will serve as a strong political message of EU support to the wider region and should act as a catalyst for other states. I beg to move.
Moved, That the draft order laid before the House on 17th July be approved [37th Report from the Joint Committee].—(Baroness Symons of Vernham Dean.)
3 "(2A)
If the Secretary of State is satisfied that an asylum claimant or human rights claimant is entitled to reside in a State listed in subsection (2B) he shall certify the claim under subsection (2) unless satisfied that it is not clearly unfounded.
(2B) Those States are—
(a) the Republic of Cyprus,
(b) the Czech Republic,
(c) the Republic of Estonia,
(d) the Republic of Hungary,
(e) the Republic of Latvia,
(f) the Republic of Lithuania,
(g) the Republic of Malta,
(h) the Republic of Poland,
(i) the Slovak Republic, and
(j) the Republic of Slovenia.
17 (2C)
The Secretary of State may by order add a State, or part of a State, to the list in subsection (2B) if satisfied that—
1920 (a)
there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and
2122 (b)
removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom's obligations under the Human Rights Convention.
25 (2D)
The Secretary of State may by order remove from the list in subsection (2B) a State or part added under subsection (2C)."
Page 50, line 18, leave out "who is in the United Kingdom"
8.15 p.m.
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