UK refusal to join EU deportation standards regrettable

3.00.00pm UTC (GMT +0000) Tue 17th Jun 2008

MEPs will vote tomorrow (Wednesday June 18th) on whether to approve a compromise text of the controversial 'Return directive' on which European Parliament negotiators and the Council of Ministers have reached agreement after 3 years of negotiation. It establishes EU-wide rules on conditions for detention and deportation of foreign illegal immigrants including visa overstayers and rejected asylum-seekers.

The new directive promotes voluntary returns as far as possible but provides a wide range of safeguards, such as limits on detention, provision for appeals, constraining the use of force, special provision for lone children, respect for best interest of the child, family life and state of health, and caveats for imposition of a re-entry ban.

Commenting on the directive and the refusal of the UK government to 'opt in' to it, Liberal Democrat European Justice Spokeswoman Baroness Sarah Ludford MEP, said:

"It is ironic and deplorable that in UK Refugee Week and just as the world prepares to celebrate World Refugee Day on Friday June 20th, the UK government is refusing to sign up to this EU law which will oblige national standards on deportation to be raised. The European Parliament secured considerable human rights improvements from unwilling national governments.

"No doubt the UK refuses to participate because it does not want its hands tied in the way it detains families including young children for long periods without the prospect of imminent removal, locks up immigration detainees with convicted criminals, and fails to give migrants adequate appeal rights or legal aid.

"This Directive, while imperfect, provides rules where none exist at present in 9 EU Member states and thus enhances human rights. While the concerns expressed by respected NGOs are understandable, the stance of others - that there should never be involuntary returns - is unrealistic if we want well-managed borders and refugee procedures which gain public confidence.

"As part of a comprehensive EU approach to migration, which must include a fair asylum system and a rational legal immigration policy as well as measures to combat illegal migration, we have to be able to return people, even against their will."