Changes to EU draft directive proposed

The Civil Liberties Committee of the European Parliament yesterday approved more than 200 amendments to a new draft directive on illegal immigration, aimed at streamlining the rules on how member states should deal with the phenomenon. The directive is still to be approved by the full plenary of the European Parliament and by member states.

Sources close to the Maltese Parliament told The Times the amendments prima facie seem to be in line with Malta's detention policy regarding illegal immigrants. However, an in-depth analysis of the various amendments approved by the EP had still to be carried out.

The new rules, referred to as the "immigration package", will bring about a new way on how member states have to deal with illegal immigrants.

The draft directive lays down common rules for all EU member states, including a maximum duration of three months "detention" for illegal immigrants and a period of four weeks' grace between the time a return order is issued by a member state and the actual expulsion.

Through the amendments, MEPs agreed to fix "a period of three months, after which temporary custody shall cease to be justified".

However, the proposed directive also lays down that member states may shorten or extend this period by "up to 18 months in cases in which, in spite of all reasonable efforts, the removal operation is likely to last longer due to lack of cooperation on the part of the third-country national concerned or due to delays in obtaining the necessary documentation from third countries or if the person concerned represents a proven threat to public security".

In Malta, the maximum detention period for illegal immigrants is 18 months.

The directive also deals with the living conditions of people in temporary custody and several of the amendments approved seek to ensure their right to medical assistance, family unity and education for children. MEPs decided that "unaccompanied minors should not be removed or detained". They also introduced paragraphs to ensure that families accompanied by one or more minors will be given separate accommodation and "only be detained as a measure of last resort".

The proposed directive promotes the principle of voluntary return by establishing a general rule that a "period for departure" should normally be granted. MEPs stressed that such period should be of "at least four weeks", unless a competent authority has objective reasons to believe the person will abscond.

The Civil Liberties Committee also agreed that the conduct of member states when dealing with illegal immigrants should start to be checked. For this reason, the draft directive sets up the office of a European Parliament Ombudsman for Return, who will be entitled to conduct unannounced inspections, collect information on joint removals and ask member states for clarifications.

When the directive is adopted, member states will have 18 months to bring it into effect.

The European Parliament is expected to vote on the new directive at its next plenary session next month.