EU Action Plan Against Migrant Smuggling (EUC Report)

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Wednesday 15th June 2016

(7 years, 10 months ago)

Lords Chamber
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Lord Keen of Elie Portrait The Advocate-General for Scotland (Lord Keen of Elie) (Con)
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My Lords, I would like to thank the European Union Committee for producing its report on the EU action plan against migrant smuggling and its report on Operation Sophia, and to thank all those who have spoken in this debate.

I would like to touch on some of those contributions for a moment. The noble Baroness, Lady Pashar, alluded to various proposals in the committee’s report. In order to see these in context, it is important to remember that as a nation we must maintain border security. We must maintain a coherent immigration policy. As has been acknowledged, public opinion, if nothing else, would demand that we maintain such a coherent policy.

A number of your Lordships observed that the European Union cannot accommodate all those who wish to come. That is clearly a truism. The Government’s opinion is that there is little evidence to support the proposition that providing opportunities for a small number of migrants to travel legally from source countries will have any significant impact on the very large numbers of migrants who are prepared to travel illegally into the European Union. As the Government recognise, there will of course be some vulnerable people in Syria and the region who can be effectively supported only in countries such as the United Kingdom. That is why the Prime Minister announced the major expansion of the Syrian vulnerable persons relocation scheme, under which we will provide refuge for vulnerable people.

I turn to the contribution of my noble friend Lord Tugendhat. I congratulate him on his chairmanship of the committee, which is now coming to an end. I hope he will accept that what is impossible today may become possible tomorrow. As many of your Lordships observed, this is a complex problem for which there are only long-term solutions. There are no simple immediate answers, although I note that the noble Lord, Lord Rosser, has asked me for some. I will come on to that in a moment. Looking forward, we have to see changes in areas such as Libya, with stability of government there, before we can reach any kind of effective result in the Mediterranean.

The noble Baroness, Lady Suttie, referred to the crime of people smuggling. It is an immense problem, considered to be the fastest-growing crime in Europe at present. Indeed, the sums involved have been estimated at anything between €3 billion and €6 billion. She mentioned the shift from the Aegean to the middle of the Mediterranean. On that, the Turkey agreement appears to be succeeding. The numbers crossing the Aegean up until the beginning of June are about 10% of what they were a year ago. We have not seen an entire shift of those numbers into the middle Mediterranean. Indeed, the most recent numbers from the middle Mediterranean were slightly lower than they were a year ago. But we will all accept that these smugglers are ruthless criminals. They will find another route, and we have to be prepared to address that as it emerges. Indeed, we have to be prepared to seek the intelligence that will allow us to pre-empt these criminals when they seek these alternative routes.

The noble Baroness also made the point that it is important to distinguish between refugees and economic migrants. That is an important part of the issue. Indeed, we find that so many of those who present themselves as refugees, as asylum seekers, are in reality economic migrants. That is often not an easy issue to resolve. One has to acknowledge that the more economic migrants come forward to claim that they are asylum seekers, the greater the pressure on our resources and therefore the more difficult it is to process those who are genuinely refugees. Indeed, I note in passing that more than 90% of the asylum claims in the United Kingdom are made by persons already here, and who have therefore arrived illegally or under a visa and overstayed their visit. That is the extent of the problem.

Again, as the noble Baroness, Lady Suttie, acknowledged, long-term solutions are needed. Those will be found at source more than anywhere else. My noble friend Lord Horam pointed out that the problem lies at source. That is what drives people away from these countries in sub-Saharan Africa. He also mentioned Jamaica. He made a further important point. As these countries lose their best, their youngest, their best-trained and best-educated, it exacerbates the problem at the source. They lose their doctors, nurses and engineers; they lose a viable economic future. That is why it is important not only to stop this economic migration but to have an effective and viable returns policy. That is welcomed by some of these countries, which want to see their best-educated return to their own country.

The noble Lord, Lord Anderson, alluded to the fact that we cannot accept all who wish to come here. That is absolutely clear. It is therefore necessary to invest our resources in dealing with the problem at source, whether it be health, economic or otherwise. Indeed, we ought to try to maintain a system whereby we give temporary shelter to genuine asylum seekers so they can return in due course. That is why we have encouraged and sought to support those countries that are doing so much in the vicinity of Syria, such as Lebanon and Jordan. They are maintaining facilities for many refugees who want to remain in the Middle East and want the opportunity to return to their own country in due course. We acknowledge the importance of that.

The right reverend Prelate the Bishop of Sheffield alluded to what we need to do when people actually arrive here. Of course, we cannot ignore the need for sanctuary of those who arrive, and I do not believe that any of us would wish to do so.

My noble friend Lord Patten raised the question of what we are doing on the ground, and when we might do something on the ground in Libya. Of course, part 3 of Operation Sophia deals with moving into territorial waters and on to the coast to try to address people smuggling. That cannot be done until we have a stable Government in Libya and appropriate approval from the United Nations. It remains part of our medium or long-term proposal for that project. I am not aware of any request from the present Libyan Government for us to put people on the ground in Libya. If it transpires that there has been such a request, I will write to the noble Lord, but I believe it is widely understood that we cannot take that step into territorial waters or into the territory of Libya until there is a stable Government.

In that context, I have a further observation on a point raised by one of your Lordships about returns to Libya. Let us be clear: there is no question of persons being returned to Libya unless and until it is a safe place for their return, whether they have been picked up in the Mediterranean or elsewhere. When my right honourable friend the Prime Minister alluded to the possibility of returns to Libya, it was in the context that it would occur only when it was safe for such persons to be returned.

I appreciate that I have not mentioned the contributions of all noble Lords expressly, but I hope it will be appreciated that I have taken all of them into account and wish to consider them. The noble Lord, Lord Rosser, raised a number of specific questions about policies that have yet to be implemented and decisions that have yet to be made in the context of certain proposals. In particular, he referred to our contribution to the proposed EU partnerships. I am not aware of any decision having been made on that, but I will inquire and write to the noble Lord on that point. On specific improvements arising from the implementation of the task force, I suspect that it is too early to say that there are improvements we can isolate and report on, but, again, if there are, I undertake to include that in my letter.

We have to remember that the EU action plan against migrant smuggling is intended to shape the EU’s law enforcement response to immigration crime. It sets out concrete actions to counter and prevent organised immigration crime. The Government share the view expressed in the action plan that there should be a focus on an enhanced police and judicial response, improved gathering and sharing of information, and stronger co-operation with third countries. The UK’s response to the migration crisis must be comprehensive, utilising expertise and resources from across government and law enforcement. In order to be successful it must include a humanitarian response, law enforcement activity and capacity building in source countries.

Of course, some of those making the dangerous journey to Europe are fleeing conflict but others are economic migrants. That is why we are leading the argument in Europe about the importance of breaking the link between these journeys and achieving settlement in Europe for those who are not refugees. We are playing a leading role in tackling organised immigration crime. We have established a multiagency Organised Immigration Crime Taskforce, which brings together officers from the National Crime Agency, Border Force, Immigration Enforcement and the Crown Prosecution Service. Its purpose is to exploit every opportunity to identify and tackle people smugglers.

The Organised Immigration Crime Taskforce is working in 17 countries, giving UK law enforcement unprecedented reach in source and transit countries. The task force is achieving success, both on land and at sea. Land enforcement agencies have had some notable successes. Between 1 April 2015 and 31 March 2016, immigration enforcement achieved 175 disruptions against criminals involved in organised immigration crime. The recent interception at sea of the MV “Haddad”, which was detained by Greek authorities en route to Libya, is another notable success. There were weapons, ammunition and smuggled cigarettes on board and, had the vessel reached Libya, there is strong evidence that it would have made the return journey with migrants on board.

The task force is also working to enrich the intelligence picture. Officers have been deployed to the existing Frontex debriefing centres in Italy and Greece. There, they are assisting other agencies to gather intelligence from migrants arriving at external EU borders. This information is passed to the host member state for it to disseminate to law enforcement agencies.

The UK also engages closely with the European Migrant Smuggling Centre—which was mentioned by the noble Lord, Lord Rosser, and I think by the noble Baroness, Lady Prashar—which leads for Europol on organised immigration crime. The UK is a key contributor and we are working to improve the overall intelligence picture by encouraging countries to share information effectively with the centre.

In addition to our relationships at a European level, we are also engaging with our closest neighbours to create a strong joint response to migration. We are working closely with the French, Dutch and Belgians to increase the security of ports with links to the United Kingdom and increase co-operation against organised immigration crime. Such work has so far seen improvements in joint work on security measures at ports, intelligence sharing and returns. Activity will continue to determine what additional operational, technological and infrastructure assistance could be provided at relevant ports.

As well as pursuing the criminal gangs involved in immigration crime, the UK is also working with source countries to address the root causes of migration. Through our aid programme around the world we are growing economies and creating jobs. This in turn helps to build more effective states and societies, reducing some of the pressures to migrate. It also helps undermine the business model of organised crime groups. We are also at the forefront of the response to the crisis in Syria, where the United Kingdom has committed over £2.3 billion—our largest ever humanitarian response. The UK’s support is helping refugees to remain in host countries in the region and supporting host countries to accommodate them.

In Libya, the UK is supporting the Government of National Accord to regain control of Libyan borders and tackle the organised crime groups. Operation Sophia, the EU’s naval operation in the central Mediterranean, has already seen some success. Since its inception last summer, Operation Sophia has destroyed more than 120 smuggling boats on the high seas, apprehended more than 70 suspects and saved more than 15,000 lives. This is good progress on which we can build.

The UK survey ship HMS “Enterprise” has been participating in the operation. To add support during a surge of assets in October and November, we also contributed HMS “Richmond”. But the smugglers are of course adept at changing their tactics, so we must be aware of that and be prepared to respond. That is why we have agreed with EU partners to expand Operation Sophia’s scope to include activity to build the capacity of the Libyan coastguard and to prevent the trafficking of illegal arms into Libya. We remain committed to moving to the later phases of Operation Sophia, to prevent smugglers putting to sea, once the right conditions are in place. With a new Government in Libya, we have an opportunity to take this forward—and, therefore, what has seemed impossible may in the medium to long term become possible.

In May of this year, the Prime Minister announced that four military planners had deployed to the Operation Sophia headquarters in addition to the UK personnel already present. They are working on options to build the capacity of the Libyan coastguard and, in due course, we expect to support the delivery of this with a UK training team. This activity will help secure the coast of Libya and harden the operating environment for people smugglers.

The Prime Minister also announced that we will seek to commit a second ship to Operation Sophia to tackle arms smuggling to Libya. The UK has worked hard to secure a UN Security Council resolution authorising member states to take action to support the embargo. This was agreed unanimously last night. The arms that are illegally supplied from the Mediterranean reinforce violent armed groups, and Daesh in particular. Countering the flow of weapons and military equipment will support the wider effort to promote stability in Libya and a stable Libyan Government.

The work of Operation Sophia is just one element of wider UK efforts to support the humanitarian needs of migrants. The United Kingdom is providing £70 million to the Mediterranean migration crisis response. Some £60 million of this is allocated to Europe to provide lifesaving aid to migrants and refugees, as well as support to Governments to build their capacity to manage arrivals. At the EU-Africa Valletta summit, the Prime Minister announced a further £200 million in bilateral aid to Africa to deal with the root causes of migration and a €3 million contribution to the EU trust fund for Africa. I say that in response to the observations of the noble Lord, Lord Rosser.

In the Horn of Africa we are supporting the Khartoum process that was mentioned by the noble Earl, Lord Sandwich, which focuses on combating organised immigration crime and human trafficking in the region. The goal of the process is to encourage member countries to work in a co-operative manner to tackle the shared challenge of organised immigration crime. It aims to achieve an improved understanding of this threat and to establish ways to strengthen capabilities in the region. It is not easy and requires us to engage with certain regimes when we might otherwise not wish to do so.

The law enforcement approach outlined in the EU action plan against migrant smuggling is one element of the EU’s response to the migration crisis. This is complemented by the United Kingdom’s law enforcement, as well as wider activity such as Operation Sophia to meet the humanitarian needs of migrants, tackle the root causes of migration and respond to the ever-developing challenge posed by criminal people smugglers —and in that we maintain our intent. I thank noble Lords for their attention.