Relocation of Migrants in need of International Protection (Opt-in Decision)

James Brokenshire Excerpts

Monday 14th December 2015 Commons Chamber

[The Minister for Immigration (James Brokenshire)]

I beg to move,

That this House takes note of European Union Documents No. 9355/15 and Addendum and No. 11132/15, international protection for the benefit of Italy and Greece, No. 11843/15 and Addendum, establishing a crisis relocation mechanism, and No. 11844/15 and Addendum, international protection for the benefit of Italy, Greece and Hungary; and agrees with the Government’s decision not to opt in to proposals establishing provisional measures for the relocation of individuals in need of international protection or to the proposal establishing a crisis relocation mechanism.

The motion covers a series of EU proposals on the relocation of migrants within the EU. They formed a central part of the EU’s summer response to the ongoing migration crisis and have been the subject of long negotiations within the EU and of previous debates in the House.

The current migration crisis has been described as the worst refugee crisis since world war two. It has severely tested the ability and resolve of the EU and member states to provide a comprehensive and sustainable response that is able to support member states under the most pressure and ensure protection for those in real need of it. The situation has been and remains complex and fast moving. Proposals have been brought forward and adopted extremely quickly; at times, Interior Ministers have met almost weekly, and as soon as proposals were adopted, they were often superseded by others.

Since the crisis began, the Government have been clear about our views on relocation: it is the wrong response. It does absolutely nothing to address the underlying causes of the crisis and does nothing more than move the problem around Europe. Relocation also reduces incentives for member states to tackle abuse, process applications and strengthen their borders. It may also encourage more migrants to travel illegally to the EU. We must ensure that the permanent relocation proposal does not reduce the obligation on all member states to have fully functioning border and asylum systems.

The Government have consistently stated that the UK would not opt in to measures, whether temporary or permanent. I apologise to the House for the fact that we have had to override scrutiny on these relocation measures. The European Commission brought forward proposals on relocation as a response to an emergency situation. The Prime Minister and Home Secretary were required to make the Government’s views on such measures clear in hastily arranged EU Council meetings.

The debates on relocation continue within the EU. Only a tiny number of people have been relocated under the agreed temporary measures and many member states are now stepping back from their previous commitments. Concern is growing about the merits of the permanent mechanism.

[Mr David Nuttall (Bury North) (Con)]

Does my hon. Friend agree with the position of Slovakia? It believes that the decision should have been taken by unanimity.

[James Brokenshire]

Obviously, we are not party to the arrangements as we are using our opt-out. My hon. Friend highlights some of the issues that have arisen since the measures were put into place. I am aware that Slovakia and Hungary have recently filed legal challenges in the European Court of Justice against the relocation scheme. There are relevant concerns. In our view, the proposals are ill conceived and many more now question the viability of relocation as a tool to manage the migration crisis.

[John Redwood (Wokingham) (Con)]

I strongly support the Government’s decision to opt out. Will the Minister explain something? Under the scheme that was agreed, if migrants were allocated a given country to settle in but then decided they would rather live in another EU country, what would stop them from moving?

[James Brokenshire]

My right hon. Friend has highlighted what might be described as secondary movement, and we remain conscious of that. Obviously, there is secondary movement within the Schengen area, but we maintain our own border controls and visa requirements. Practical issues with the scheme have been highlighted; to date, only about 160 people have been relocated under the measures thus far.

Rather than relocating those arriving in Europe, the Government have made clear that our policy is to focus our efforts on resettling vulnerable people in need of international protection. We continue to make the case that this is not just an EU problem but an international issue requiring concerted action from a whole range of international parties.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Is not the problem on secondary movement the fact that once migrants have become citizens of an EU member state, the free movement of people means that they are entitled to go anywhere? Even under our own laws, asylum seekers go to the head of the queue in getting nationality.

[James Brokenshire]

My hon. Friend makes an important point in respect of rights and entitlement to citizenship, but he will know that there are certain tests that we adopt—good character requirements, for example—and other steps that we take to assure ourselves in respect of those who may be granted citizenship, and that that process is conducted over a number of years before someone would be so entitled. Citizenship is certainly not automatic. I underline the point that I made—we maintain our own visa and border requirements in respect of those who come here, and adhere to them clearly for those who are not EU citizens.

[Kelvin Hopkins (Luton North) (Lab)]

There is another problem that arises before secondary movement. What if the refugees do not want to go to the countries to which they have been allocated? If they are put on trains and forcibly sent to countries that they do not want to go to, that has echoes of uncomfortable times in the past.

[James Brokenshire]

The hon. Gentleman makes a valid point about the operation of the scheme. That has been a practical issue for EU member states that are party to the scheme when migrants have displayed an unwillingness to participate in the relocation arrangements envisaged by the measures to be debated this evening. Such practical issues have to be confronted.

The migration crisis is constantly changing and requires a flexible but robust response. Our approach has been designed to protect the UK interest while making a contribution to helping those in need and addressing the unprecedented challenge faced by our partners. Relocation is not proving to be successful. In our view, time would be better spent on measures that would make a real difference. We must secure the external border, quickly provide protection to those who need it and return those who do not. That is where the focus of this Government will remain, and I trust that the House will be minded to support the motion.

--- Later in debate ---

[Sir William Cash]

It is indeed. I always want to encourage the Government to do better, but on this occasion they have done a lot worse. The delay in scheduling opt-in debates is inconsistent with the letter and spirt of the commitments made to Parliament by the Minister for Europe. I would be grateful if the Minister for Immigration would deal with that, because he owes not only the European Scrutiny Committee, but, much more importantly, the House and this country’s voters an apology for the way in which it has been dealt with. I am sure he will give that apology; perhaps he would like to do so now. Is there a chance that he might? Is he listening to what I am saying?

[James Brokenshire]

I am grateful to the Chair of the European Scrutiny Committee for allowing me to intervene on him. As I said when I gave evidence to the Committee, the Government have had to deal with a fast-moving situation, and, as I have already indicated today, we are sorry that it has not been possible to have the debates in the way we would have chosen to have them, but that is a reflection of the exceptional circumstances with which we have been dealing. There have been opportunities for debates and to respond to questions by way of statements, but that is the situation to which we have been seeking to respond.

--- Later in debate ---

[James Brokenshire]

We have certainly heard a number of important points, which in some ways have strayed more widely than the measures in the motion before the House and which may also arise in the debate to follow.

We will continue to work with European partners to develop and implement a sustainable and comprehensive solution that allows people to live fulfilling lives in their home countries or in countries of first asylum. Intra-EU relocation should not, in our judgment, be the response. The Government have been clear that the UK will not take part in it and have urged the EU to concentrate on actions that address root causes, control illegal migration and tackle abuse, not just actions that respond to the consequences of large-scale spontaneous migration. We have also been clear that, despite weaknesses in the Dublin arrangements, which we agree need reform, their underlying principles remain sound, with member states taking full responsibility for the effective functioning of their own border and asylum systems.

In our discussions with the EU we have been measured and constructive, while promoting and defending UK interests. Our approach reflects the need for a concerted humanitarian response for those who need our protection. On the issue of solidarity, let me underline the front-line and other support that this country has given through the European Asylum Support Office, Europol, our search and rescue operations, our support for the common security and defence plan and our approach to resettlement, as well as the aid assistance that has been provided. Underpinning all that work is the idea that measures should not undermine the principle that asylum should be sought in the first possible safe country. Therefore, I urge the House to support the Government’s motion.

Question put.