Lib Dems Welcome Eu Agreement On Return Of Illegal Immigrants

4.00.00pm BST (GMT +0100) Wed 18th Jun 2008

In a key vote today (Wednesday), the European Parliament approved a draft directive on the return of illegal immigrants. This legislation will encourage the voluntary return of illegal immigrants but otherwise lays down minimum standards for their treatment.

Lib Dem leader Andrew Duff MEP said: "This law is the first step towards a European Union common policy on immigration. The Liberal group played a key part in forging the parliamentary consensus behind it. Without a humane way of returning illegal immigrants it would be meaningless to proceed to develop the much-needed directive on legal immigration."

The draft directive was adopted by Parliament under the co-decision procedure by 369 votes to 197, with 106 abstentions.

It establishes for the first time EU-wide rules and procedures for the return of illegal immigrants, including periods of custody, re-entry bans and legal safeguards. (EU funding of €676 million may be used to finance legal aid.)

Member States will be banned from applying harsher rules to illegal immigrants but allowed to keep or adopt more generous rules.

Each country retains the power to decide in the first place whether it wishes to regularise or deport the immigrant.

After a deportation order is served, there will be a voluntary departure period of between seven and thirty days. If the deportee does not leave, a removal order will be issued. If the removal order is issued by a judicial authority which believes the deportee might abscond, the person can be placed in custody.

At present detainees can be held indefinitely in some states, including the UK, but the directive lays down a maximum period of custody of six months, which can be extended by a further 12 months in certain cases. A custodial decision must be approved by a court of law within 48 hours. Re-entry is banned for a maximum of five years, although member states retain the right to waive or suspend such bans.

The UK government has opted out of this law on the grounds that its conditions are not tough enough notably, because it introduces restrictions on detention, obligations to provide legal aid, and possibilities for challenging the return decision.

Children and families will only be detained as a last resort. Unaccompanied minors may only be deported if they can be returned to their family or to adequate reception facilities.

There is also provision for emergency situations. In cases where a flood of illegal immigrants place an exceptional burden on the government or judiciary, a state may decide to allow longer periods for judicial review as well as less favourable conditions of detention.

Member states must strictly observe the principle of non-refoulement, which says that no state may send a refugee to a country where his/her life or liberty may be endangered. Following a recent ruling by the Court of Justice, the European Parliament will in future decide jointly with the Council which countries are deemed 'safe'.

The directive will be finally adopted by the Council of Ministers in July.

Andrew Duff added: "This directive is necessary, firm but fair. It introduces standards to some EU states where none exist at present. It does not prevent countries with higher standards from keeping them. I regret that the UK feels unable to comply with these provisions."

ENDS