Return Directive approved

The EU's controversial Return Directive, which provides for common standards and return procedures across the EU to tackle illegal immigration, yesterday made it through the European Parliament, which backed a compromise struck among member states earlier this month.

The vote was uncertain until the very end because Parliament was evenly divided particularly over the issue of the duration in detention. The EPP - Parliament's largest group - was in favour of a maximum 18 months as negotiated by member states while the Socialist group demanded a shorter term.

The resolution was approved with 369 votes for, 197 against and 106 abstentions.

Malta's vote was also divided on the issue.

While Nationalist MEPs Simon Busuttil and David Casa voted in favour, Labour MEPs Louis Grech and John Attard Montalto abstained. Labour leader Joseph Muscat, who is also an MEP, was absent due to other commitments in Malta.

Mr Grech told The Times that, although the proposed directive is a step in the right direction, it does not provide safeguards relating to refugee and human rights. "The directive also fails to address the specific needs and problems of member states like Malta that are being affected to a disproportionate degree relative to its size, population and resources," he said. Dr Attard Montalto followed the same line of thought. "In principle, we were in favour of the directive although certain elements in the text could have been better. Our group was against the directive and, thus, we abstained. However, I want to underline that we agree in principle with the directive."

Malta should not be drastically affected by the new rules as its laws already allow for an 18-month detention period similar to the one agreed by EU ministers.

The directive is only intended to visa over-stayers and not to illegal immigrants landing on EU shores by boats, as is the case of the majority of illegal immigrants coming to Malta.

One of the main differences to be introduced through the new rules is that Malta will now be obliged to provide legal aid to asylum seekers in order to make sure they present their case for asylum in the best way possible.

Many member states were opposing this provision, particularly due to the costs involved, but a compromise was reached so that EU funds could be used to compensate for this new measure.

According to the new rules, which will come into effect in about two years' time, member states should treat immigrants as they would treat other nationals unable to cover their own legal costs. On the other hand, member states do not have to provide aid if an immigrant does not collaborate with the authorities.