Appendix 3: Call for Evidence
The House of Lords EU Home Affairs Sub-Committee, chaired by Baroness Prashar, is launching an inquiry into the EU’s Action Plan against migrant smuggling. Written evidence is sought by Friday 21 August 2015.
Background
On 13 May 2015, the European Commission published a European Agenda on Migration,163 setting out the Commission’s plans for both legislative and non-legislative proposals in the field of migration for the short, medium and long term. The publication of this Agenda followed a series of tragedies in the Mediterranean resulting in the deaths of over 1,700 migrants in the first half of 2015 alone, including 800 in a single incident off the coast of Libya on 19 April 2015. Many migrants, including pregnant women and children, continue to risk their lives at the hands of people smugglers rather than remain in their home countries.
One of the measures foreseen in the Agenda was an EU Action Plan against migrant smuggling (2015–2020),164 which was published on 27 May 2015. The Action Plan aims to counter and prevent migrant smuggling while ensuring the protection of the human rights of migrants. It proposes actions to achieve the following four objectives:
- Enhanced police and judicial response
- Improved gathering and sharing of information
- Enhanced prevention of smuggling and assistance to vulnerable migrants
- Stronger cooperation with third countries
Rationale for the inquiry
The inquiry reflects the continuing global migration crisis, in response to which the EU and its Member States are seeking to establish both long and short-term solutions. It also takes place ahead of planned legislative reform, as the European Commission aims to review and reform EU legislation on migrant smuggling in 2016.
The aims of the inquiry are therefore:
- to assess how the Action Plan against migrant smuggling contributes to the stated objectives of the EU’s Agenda on Migration
- to establish whether or not its four objectives and the actions contained therein are the right ones to achieve the EU’s stated goal of rendering migrant smuggling a “high risk, low return” undertaking
- to identify whether the Action Plan strikes the right balance between security considerations and the protection of migrants’ human rights, and
- to identify gaps and deficiencies in the current EU response to migrant smuggling in order to make recommendations for planned legislative reform.
Particular questions raised to which we invite you to respond are outlined below. There is no need for individual submissions to deal with all of the issues.
(1)One of the priorities of the European Agenda on Migration is the prevention of migrant smuggling, with the goal of transforming migrant smuggling networks into “high risk, low return” operations. Are the four objectives of the Action Plan the right ones to achieve this goal? Which, if any, of the proposals in the Action Plan should be prioritised in this context?
(2)According to the European Commission, the Action Plan “should be seen in the broader context of EU efforts to address the root causes of irregular migration”. Does it suggest the correct set of measures to bring this about?
(3)Are Member States currently meeting their obligations under the existing EU framework against migrant smuggling? What are the deficiencies of the current framework, and do the actions foreseen in the Action Plan address these?
(4)EU Agencies are expected to play a significant role in carrying out the objectives of the Action Plan. Do they have the mandate, budget and other capacities to fulfil this role?
(5)Does the Action Plan sufficiently differentiate between migrant smuggling and human trafficking? What is your opinion of the proposal to extend the 2004 Directive on the residence permit issued to third-country nationals who are victims of trafficking in human beings165 to smuggled migrants?
(6)Does current EU action against migrant smuggling, including the actions suggested in the Action Plan, strike the correct balance between law enforcement and the human rights of migrants, including particularly vulnerable migrants such as minors and pregnant women?
(7)Do the Action Plan and other, related EU strategies (such as the European Maritime Security Strategy, Cyber Security Strategy and the EU Strategy towards the Eradication of Trafficking in Human Beings) form a coherent whole?
(8)Are the actions proposed in the Action Plan compatible with the international framework on preventing human smuggling, including the UN Protocol on Smuggling of Migrants by Land, Sea and Air? Do they add to this framework in a coherent and meaningful manner?
163 Communication from the Commission: A European Agenda on Migration (COM(2015)240 final)
164 Communication from the Commission: EU Action Plan against migrant smuggling (COM(2015)285 final)
165 Council Directive 2004/81/EC: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0081:EN:HTML (accessed 26 October 2015).