Report advises action before next crisis strikes

The author of a comprehensive report on illegal immigration believes the majority of his recommendations should be implemented at once, before the next crisis occurs.

"It would be irresponsible and I would be most surprised if the report is left in a pending tray. Before we know it we are going to have another influx of illegal immigrants," Martin Scicluna warned.

Mr Scicluna, a defence policy adviser to Prime Ministers Eddie Fenech Adami and Alfred Sant between 1996 and 1999, after a career in the UK Ministry of Defence, drew up a report on the law enforcement agencies and the security aspects during the national conference on irregular immigration held on February 7 and 8.

The report, compiled following extensive meetings with the relevant authorities and NGOs, made 40 recommendations, ranging from the beefing up of the Refugee Commission to overhauling the detention system.

When contacted, a spokesman for the Home Affairs Ministry said a task force would be set up in the coming weeks, "not months", which would be responsible for making the necessary changes.

Home Affairs Minister Tonio Borg and the opposition's spokesman on home affairs, Gavin Gulia, have met in the last few days and are taking into consideration all the recommendations made during the national conference, including Mr Scicluna's report, the spokesman said.

Mr Scicluna acknowledged the fact that some of his proposals, believed to provide the basis for a new policy on illegal immigration, might need some fine-tuning or may not be viable in the end. But, speaking to The Times, he insisted on the urgency of implementing changes to a system which he deems flawed.

"In three to four months, there could be another influx and there would be no camp to house them. A 'turnkey' facility must be identified and provided as a priority now so that we are not caught napping," he said.

He said the report tried to present practical solutions given the limitations of Malta's resources, especially since there were no clear black-and-white solutions.

Mr Scicluna's report states that current arrangements are ad hoc, thrown together over the last three years to meet emergencies as boat-loads of irregular immigrants hit Malta.

The arrangements are inadequate and under-resourced in both financial and trained manpower terms. The accommodation and logistic support facilities are inadequate. Accommodation does not always meet the basic standards laid down by the EU.

Mr Scicluna does not believe Malta is ready to cope with an open door policy as yet, much to the chagrin of several NGOs, which called for an end to the detention policy.

"We just don't have the proper structures in place and the moment isn't right. You cannot run before you can walk."

Instead, his report speaks of the need to reduce the detention period and to have properly trained personnel manning the centres.

The report acknowledges that the wrong people are handling the detainees, saying the soldiers are not trained or temperamentally suited for such a role.

There must be a clear chain of command and control, which makes for clear accountability and responsibility and better coordination. He recommends that one focal point commander should be in charge of the detention centres.

Mr Scicluna did not beat about the bush on the state of detention centres, which he says range from just "adequate to abysmal".

He said he believed both the government and the opposition were showing a willingness to change but he fears that, in true Maltese style, the implementation would turn out to be a long drawn out affair.

He underlined the need to internationalise the problem in every possible way. The government should at once call all resident EU and other ambassadors and given a clear exposition of Malta's demands. "Our representatives in Brussels should be making pests of themselves to drive the message home," he said.

The report underlines the need to educate people about our responsibilities and international obligations and what we are doing to meet them.

The government could have already started recruiting individuals to man the detention camps. New places to host the illegal immigrants could have been identified and the Refugee Commission should have already been beefed up in the past weeks.

"We need to get cracking," Mr Scicluna said.

Some recommendations from the Scicluna report:

1. There should be an immediate exercise to identify and start preparing potential sites for new detention centres, like Ricasoli, the White Rocks complex or empty factories in industrial estates.

2. Retain the detention system provided it observes the human rights of those interned but reduce the period of detention and drastically improve the conditions.

3. NGO representation should be formally included at the policy implementation level - NGOs should also run all Open Centres.

4. The AFM and the police are not the right people to take care of detained migrants. There must be a clear chain of command and control.

5. There must be a determined and concerted diplomatic offensive steered by the Foreign Affairs Ministry to ensure that the implications for Malta are understood by the EU and neighbouring countries.

6. Another full-time Commissioner for Refugees, or at the minimum two Assistant Commissioners, should be introduced.

7. A more flexible manning arrangement for the Appeals Boards should be considered.

8. A panel of legal aid lawyers should also be appointed to represent detainees at the appeal stage.

9. Political leaders, the Church and opinion-makers must form a front to defuse the natural tensions which have arisen.