Summary of Conclusions and Recommendations
Migrants and migrant smugglers
1.The evidence suggests that a majority of those currently entering the EU as irregular migrants are at least prima facie refugees as defined by the UNHCR. It is therefore appropriate to refer to the present crisis as a refugee crisis. We urge the Government to acknowledge that this is the case, and to ensure that the language it uses properly reflects this fact. (Paragraph 32)
2.The Action Plan should be amended to acknowledge that those smuggled may be refugees. Equal focus should be placed on the humanitarian aspects of the refugee crisis as on law enforcement. (Paragraph 33)
3.The Action Plan is right to distinguish migrant smuggling from human trafficking. The latter necessarily involves a breach of human rights, whereas smuggling may not. The evidence suggests that in the majority of cases of irregular migration trafficking is not involved. (Paragraph 38)
4.Nonetheless, governments, law enforcement bodies and other EU and Member State agencies must have regard to the likelihood that smuggled migrants are vulnerable people. They may at some time have been victims of exploitation, extreme hardship or indeed trafficking. Agencies must not simply treat migrant smuggling as a matter of criminal law, but also one with a humanitarian dimension. They must be ready to provide adequate support and assistance to smuggled migrants. (Paragraph 39)
5.Migrant smuggling is a complex and little-understood phenomenon. The Action Plan, in its present form, fails to discriminate between the many individuals and organisations who are contributing to the current upsurge in migrant smuggling. These include organised criminal gangs at one end of the spectrum, and local groups, including groups of migrants themselves, who may have humanitarian motives, at the other. It is important that migrant smuggling is understood in all its complexity. (Paragraph 48)
6.We support the high priority that is being given to guarding against terrorism, though we have seen no evidence to show that migrants have yet been smuggled into the EU for the purpose of committing terrorist acts. (Paragraph 49)
The Action Plan in context
7.We welcome the fact that the Commission has sought to place the Action Plan within the context of a broader approach to migration. The Action Plan, however, must focus on the rights of refugees and vulnerable migrants and not just on law enforcement. (Paragraph 55)
8.We also urge the Government to participate fully in the Commission’s discussions regarding possible measures for dealing with root causes of migrant smuggling. (Paragraph 56)
9.One effective way of addressing the root causes of irregular migration would be to create safe and legal routes for refugees to enter the EU. We welcome the Commission’s recognition of this but urge that more be done at EU level to work towards the creation of such routes. It is regrettable that the Action Plan does not set out further details in this regard. We recommend that this be addressed as soon as possible. In particular, we recommend that the Commission should bring forward further initiatives to encourage Member States to create such routes, for example by making use of humanitarian visas. (Paragraph 66)
10.We regret that the Government has declined to participate in the EU measures for the relocation of migrants. We urge the Commission and all Member States to make greater efforts to reach consensus on EU proposals on relocation and resettlement. (Paragraph 68)
11.We welcome the comprehensive nature of the EU response to the crisis, which has brought together policies on migration, security and external affairs. We emphasise that this comprehensive set of EU actions should continue to be conducted in a balanced way, and with due regard to the safety and rights of individuals affected. (Paragraph 73)
12.There should be greater synergy between the EU and other international organisations. We recommend, as a first step towards this, the inclusion of internationally accepted definitions of key terms in EU policy documents and legislation. (Paragraph 79)
The Action Plan in practice
13.We believe that the Action Plan sets out essentially the correct priorities to achieve its aims. In developing this strategy the Commission must ensure that, in practice, the protection of vulnerable migrants is given equal priority to law enforcement considerations. (Paragraph 85)
14.The Action Plan’s ‘enhanced judicial and law enforcement response’ priority is very ambitious, given the size of the demand. To succeed, law enforcement needs to be seen as part of a broader approach to the problem of migrant smuggling. Nonetheless, it is a fundamental and necessary objective, which we support. (Paragraph 92)
15.We recommend that, following its current review of the ‘Facilitators’ Package’, the Commission should propose an EU Framework that builds on the humanitarian aspects of the UN Protocol, by criminalising only acts committed for financial gain, and by adding clauses to avoid the criminalisation of individuals or organisations acting for humanitarian purposes. We would also welcome the addition of inhuman or degrading treatment as an aggravating factor in the sentencing of convicted smugglers. (Paragraph 102)
16.While we await the precise outcome of the Commission’s review and any new legislative proposals, we further recommend that the Government should look favourably at opting into any Commission proposals designed to bring the EU’s regime into line with the UN’s and, subject to further parliamentary scrutiny, support such a proposal in the Council. (Paragraph 103)
17.The networks, practices and routes used by migrant smugglers are constantly changing. The fluidity of this situation presents a significant challenge to law enforcement. Urgent work therefore needs to be undertaken at EU level to ensure that information collected and shared is of high quality. Gaps in the intelligence picture should be identified and remedied, and this process should be regularly updated as patterns continue to evolve. The necessary focus on gathering information on migrant smuggling in the Mediterranean must not result in neglect of migrant smuggling operations elsewhere, including within the EU’s borders. (Paragraph 115)
18.The Commission should continue its efforts to coordinate the collection of intelligence by Member State authorities and EU Agencies. A single Agency, ideally Europol, should be responsible for collating and sharing. (Paragraph 116)
19.We recommend that EU funding be made available for further academic and field research in order to address the lack of a comprehensive understanding of migrant smuggling. This research, together with intelligence and data gathered by law enforcement agencies including Europol and Frontex, should inform the development of policy making at EU level. (Paragraph 117)
20.We welcome the inclusion in the Action Plan of measures to assist vulnerable migrants. We believe that insufficient weight is attached to this objective. It should be regarded as being at least equally important as increasing law enforcement measures, and should be distinct from measures intended to prevent migrant smuggling. It is disappointing that no meaningful proposals have been made to address assistance to vulnerable smuggled migrants. (Paragraph 122)
21.We recommend that Member States put in place arrangements for the safeguarding of smuggled migrants’ rights and safety. They should allocate resources to ensure that smuggled migrants have adequate shelter, food and other support. The Commission should monitor and support such arrangements and, where appropriate, provide additional funds. (Paragraph 123)
22.We support the extension of the 2004 Directive, which requires Member States to provide residence permits to victims of human trafficking, to smuggled migrants who have assisted in criminal proceedings against smugglers. The current asylum safeguards, which protect the right of asylum, must remain in place. (Paragraph 128)
23.Cooperation with third countries is key to tackling migrant smuggling effectively, as third countries may be either countries of origin or transit for migrants. We therefore welcome the efforts being made to coordinate efforts with third countries, while cautioning that in return assistance must be provided to share some of their burdens in dealing with this crisis. Particular care must be taken to avoid actions that would make the EU or Member States complicit in human rights abuses. (Paragraph 137)
24.We also note that cooperation with third countries will do little to help the many thousands of migrants who have already reached the EU. The large amount of secondary migration within the EU means that these people are not yet safe from the dangers posed by migrant smugglers. (Paragraph 138)
25.We welcome the Government’s engagement with this objective within the Action Plan. However, as argued in our report on the relocation of migrants, the Government, by being selective about which measures to support, risks undermining the EU’s ability to develop a coherent response to the refugee crisis. (Paragraph 139)
EU Agencies
26.International law requires Member States to protect refugees and assess asylum claims on an individual basis. There is a danger that the proposed extensions to the mandates of EU Agencies may encourage Member States to distance themselves from this responsibility. Changes to the mandate of Frontex in particular should be monitored closely by the Fundamental Rights Agency and others on the Agency’s consultative forum. (Paragraph 155)
27.We also recommend that the planned evaluation of the Returns Directive should be brought forward to a maximum of six months after any changes to Frontex’s mandate come into effect—rather than 2017—so as to assess the impact of any changes to its mandate. The consultative forum should be involved in contributing to such an evaluation. (Paragraph 156)
28.Interviews with vulnerable migrants should be undertaken discreetly and considerately. Migrants should as normal practice be informed in advance of the purpose of any interview—whether to determine an asylum application or to collect information about migrant smugglers. (Paragraph 157)
29.Agencies’ budgets should be reviewed to ensure that they are still adequate. If the Member States continue to delegate ever greater and more complex responsibilities to the Agencies, they should ensure that the Commission allocates sufficient resources to the Agencies reflecting this increased burden and responsibility. (Paragraph 163)
30.The Commission must ensure that funds are allocated transparently and based on clear criteria. While some Agencies have been generously funded, others are under-resourced. We urge the Commission to review and address such discrepancies. (Paragraph 164)
31.We welcome the Action Plan’s call for greater coordination and cooperation between Agencies and Member States, although we recognise that there may be practical obstacles limiting such cooperation. The Commission should provide greater support to Agencies and Member States to encourage cooperation. It should also take steps immediately to counter legal and operational difficulties regarding inter-Agency cooperation. It should monitor the progress and evaluate the success of inter-Agency cooperation. It should do more to encourage Member States to be more forthcoming in sharing information. The Commission should take steps to ensure that such cooperation remains transparent and accountable to external stakeholders. (Paragraph 183)
32.We urge the Agencies themselves—since they report to the Council—to do more to convince the Council to encourage the relevant Member State authorities to share information with the Agencies (Paragraph 184)