EU Action Plan Against Migrant Smuggling (EUC Report)

Baroness Prashar Excerpts

Wednesday 15th June 2016 Lords Chamber

Moved by

[Baroness Prashar]

That this House takes note of the Report from the European Union Committee The EU Action Plan against migrant smuggling (4th Report, Session 2015–16, HL Paper 46).

[Baroness Prashar (CB)]

My Lords, as chairman of the EU Home Affairs Sub-Committee, I thank the members of the committee, as well as the clerk, Theo Pembroke, and policy analyst, Lena Donner, for their assistance with the inquiry and preparation of this report.

The current refugee crisis is the greatest humanitarian problem to have faced the European Union since its foundation. Last year, more than a million people entered the EU irregularly. In the process, thousands died en route to or through Europe, and more continue to do so. According to the International Organization for Migration, at least 2,500 migrants died in the Mediterranean in the first five months of this year. Migrant smugglers are very often the cause of these deaths. According to Europol, more than 90% of irregular migrants arriving in Europe used facilitation services at some point in their journey and, in most cases, these services were provided by migrant smuggling networks. We have witnessed how migrant smugglers force desperate people on to unseaworthy vessels and refrigerated lorries. Accounts of fatalities among those embarking on these perilous journeys have sadly become a regular feature of daily news, while testimonies of inhuman and degrading treatment have multiplied.

Migrant smuggling is a crime against the state. Dealing with migrant smuggling, managing refugee crises and migration and protecting the fundamental rights of those in need of international protection have become pressing priorities. But there are no quick fixes. Preventing and fighting against migrant smuggling is very complex and affected by long-lasting political crises, endemic civil wars, economic and social disparities, difficult co-operation with source and transit countries, and limited legal and safe migration channels to the EU. The weaknesses of the Libyan state is a case in point. A comprehensive approach is required, which addresses the root causes and brings together policies on migration, security and external affairs, and greater co-operation with third countries.

The EU and its member states initially vacillated in taking responsibility for dealing with the crisis. The response has been inadequate and, in some cases, regressive. In May 2015, the Commission adopted a wide-ranging agenda on migration, with a view in part to address this crisis. Shortly afterwards, the Commission presented the EU Action Plan against Migrant Smuggling, one of the agenda’s many immediate measures. In July last year, the EU Home Affairs Sub-Committee decided to investigate that action plan and to examine its four priorities: to reinforce investigation and prosecution of smugglers; improve information gathering, sharing and analysis; better prevent smuggling and improve assistance to vulnerable migrants; and improve co-operation with third countries. The purpose of our inquiry was to investigate the efficacy of the action plan with a view in part to feed into the Commission’s proposed review of the legislation in this area, which will be published later this year. Since the report was published in November 2015, the situation has continued to change. We have had responses from the Government and the Commission. The Commission launched a consultation on EU legislation against migrant smuggling in January 2016 and the EU Council published its conclusions in March, encouraging further interagency and intra-member state co-operation, in line with our recommendations. It also includes references to the protection of humanitarian groups. There have been other developments—for example, the EU-Turkey agreement—but there are of course concerns about conditions in Turkey.

Let me turn to the main conclusions and recommendations of our report. We concluded that the Commission has rightly sought to place an action plan within the context of a broader approach to migration and welcomed its attempt to bring together policies on migration, security and external affairs, and its emphasis on co-operation with third countries—as long as this can be achieved by respecting the human rights of vulnerable migrants. The action plan includes several measures intended to enhance co-operation with third countries. Because the inquiry was conducted by the EU Home Affairs Sub-Committee, we focused on migration, law enforcement, policing and the internal security aspects of the action plan rather than on the broader questions of EU external relations, which I am sure the noble Lord, Lord Tugendhat, will touch upon in speaking to his Motion.

The evidence available to us about where the migrants are coming from suggested that a majority of those entering the EU as irregular migrants are “prima facie refugees”, as defined by the United Nations High Commissioner for Refugees. The most recent figures available from FRONTEX show that from January to April this year, more than 100,000 of those detected making irregular border crossings were from Syria and Iraq —two countries ravaged by war. Based on that evidence we concluded that this is essentially a refugee crisis and that, in response, equal emphasis should be placed on its humanitarian aspects and on law enforcement.

Protecting the fundamental rights of irregular migrants requires differentiating between smugglers and those providing humanitarian assistance to those who are smuggled. Migrant smuggling is a complex phenomenon, which can involve organised criminal gangs at one end of the spectrum, and local groups, including groups of migrants who may have humanitarian motives, at the other. This complexity needs to be recognised in any effort to tackle migrant smuggling and any policy responses.

Rightly, the director of Europol was concerned by the possible connection with terrorism. Although Europol had not actually witnessed this, he felt that smuggling networks might be exploited by extremists and that Europol was very sensitive to this. We support and welcome the priority which Europol is giving to this issue. Our report was, however, published before the Paris attacks on 13 November. Since then, more information has come to light regarding the nexus between terrorism and migrant smuggling. The need for consistent vigilance and thorough checking is therefore self-evident.

We also support the objective of tackling migrant smuggling through enhanced law enforcement, which is a necessary and fundamental objective, but given the scale and nature of the problem this alone is not sufficient. A multipronged approach is needed. To make a meaningful impact, greater priority should be given to the creation of safe and legal routes for refugees to enter the EU. The Commission recognises this in the action plan but does not set out any details. While we recognise that initiatives such as the Khartoum process, regional development programmes and aid will have impacts, law enforcement and the creation of safe and legal routes should be seen as part of this multipronged approach.

We welcome the interdisciplinary approach taken by the action plan but emphasised that this comprehensive set of actions should be conducted in a balanced way and with due regard to the safety and rights of the individual concerned. In this context, the EU protocol is relevant. The action plan refers to the UN protocol, but there is no explicit connection between EU and UN action and no common definition of migrant smuggling. We recommended that there should be greater synergy between the EU and other international organisations and that as a first step towards this, the inclusion of internationally accepted definitions of key terms in EU policy documentation and legislation.

In the action plan, the Commission raised the prospect of further legislative action. We looked at the facilitators’ package and recommended that the Commission should propose an EU framework that builds on the humanitarian aspects of the UN protocol by criminalising only those acts committed for financial gain and adding clauses to avoid the criminalisation of individuals or organisations for their action for humanitarian purposes. We also said that we would welcome the addition of inhuman and degrading treatment as an aggravating factor in the sentencing of convicted smugglers. I am pleased that in response to our report the Commission said that it is taking into account the need fully to reflect the spirit of the UN protocol on migrant smuggling.

The responsibility for much of the implementation of the action plan has been given to EU agencies such as Europol, Eurojust, the EU’s judicial co-operation unit and FRONTEX, the EU’s external borders agency. In some cases, extension of the mandates of the agencies is proposed. Enhanced responsibilities of these agencies will test their mandates, resources, modes of communication, intelligence gathering and operational co-operation.

Our concern is that such enhanced responsibilities may encourage member states, which under international law are required to protect refugees and asylum seekers, to distance themselves from those obligations. We therefore argue for greater accountability and transparency in the way these agencies operate. We drew particular attention to the extension of FRONTEX’s mandate, and recommended that the suggested changes should be monitored by the Fundamental Rights Agency.

Since our report was published, the Commission has proposed legislation to transform FRONTEX into a European border and coastguard. This reformed body will have greater powers to conduct return operations and to operate outside the EU. We remain concerned that insufficient consideration has been given to how law enforcement and protection of fundamental rights will be balanced. I therefore repeat our recommendation that the Commission should undertake its planned evaluation of the returns directive within at least six months of the reform of FRONTEX becoming operational, rather than in 2017.

The Commission must ensure that the agencies are adequately resourced to perform their tasks, and that the funds are allocated transparently and based on clear criteria. The action plan’s call for greater co-operation, co-ordination and information sharing between agencies and member states is essential, as is the concept of hotspots, and progress on these fronts should be monitored and evaluated.

The networks, practices and routes used by migrant smugglers are constantly changing. The fluidity of the situation presents 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, and that gaps are identified and remedied. The necessary focus on gathering information on migrant smuggling in the Mediterranean must not result in the neglect of migrant smuggling operations elsewhere, including within the EU borders.

We recommended that a single agency, ideally Europol, should be responsible for collating and sharing information and intelligence. I am therefore pleased that, since our report, Europol has established a European Migrant Smuggling Centre to help member states and agencies to share information and act as an intelligence hub. We also recommended that funding should be made available for academic and field research to address the lack of comprehensive understanding of migrant smuggling. There is a critical need to collect and share information on the modus operandi, routes and economic models of smuggling networks to understand the business models and design adequate responses.

Whatever the outcome next Thursday, the migrant crisis is not going to disappear, so it is important that urgent action is taken at EU level and by member states. This is a wake-up call. I beg to move.

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[Baroness Prashar]

My Lords, I thank all the Members of the House who have participated in this debate and the Minister for his response. This has been a very thoughtful and compassionate debate and some very good suggestions have been put forward. It is encouraging that we can discuss an issue of this nature with humanity and with some constructive thoughts. I underline my thanks to all the Members but, at this time of the evening, I do not wish to respond to each point that was made but to say that I beg to move.

Motion agreed.