New law 'removes incentive for illegal immigration'
The European Parliament has adopted a law imposing tough sanctions on employers who provide illegal employment to irregular migrants.
“The prospect of working illegally in Europe is the main force of attraction for would-be illegal immigrants. By attacking illegal employment we are therefore combating illegal immigration.” Maltese MEP Simon Busuttil said.
"Apart from being a pull factor for illegal immigration, illegal employment also distorts labour markets and gives rise to exploitation of migrants. The new law will remove this pull factor by punishing illegal employment with common financial, administrative and even criminal sanctions that will apply throughout Europe," he said.
Dr Busuttil, who was the EPP’s negotiator on this law, said Parliament had been working on it for more than a year and he was very pleased with the result.
“The law sends a clear message to would-be illegal immigrants that Europe is not a free-for-all and risking your life to end up in modern day slavery is just not worth it.” he said. "Equally we are sending the message to employers that illegal employment can no longer be tolerated."
Sanctions include tough fines, payment of unpaid tax and social security as well as the cost of the return of the immigrants concerned.
Administrative penalties include the disqualification from public tenders and the recovery of EU funds and state subsidies. In the most serious cases the law would also provide for criminal sanctions along with the naming and shaming of employers.
Dr Busuttil said he managed a compromise which avoids any obligation to regularise illegal workers and which leaves it up to individual countries to decide whether they want to grant immigrants a temporary residence permit. Both points were pushed by the Socialist group, he said.
37 Comments
Post comment
Please sign in or create your Account to post comments.
Mark Thorogood
Feb 21st 2009, 19:56
@Jennifer Soames -quite right - maybe he was Maltese, or a member of another EU country, with every right to work in Malta.
Whats next for Malta, turning tourists away at the airport who happen to be non-white ? Maybe we should have separate buses and beaches.... Still, any non-white tourists reading this who were thinking of coming to Malta on holiday are probably rethinking their holiday plans right now
Mark Thorogood
Feb 21st 2009, 18:57
@jschembri - no need to apologise - thank you for translating
Jennifer Soames
Feb 21st 2009, 18:55
@j schembri
How do you know that the black person employed by the Zurrieq Local Council was an illegal immigrant? Maybe he was a refugee. Refugees have a legal status and can work here while they wait to be accepted by a larger country such as Canada, or Europe. Do you honesty think the local council employs illegals?
Admit it Mr Schembri, you are loathe to see black people working in Malta whether they are legal or otherwise or even Maltese citizens, simply because of the colour of their skin.
jschembri
Feb 21st 2009, 18:22
@Mr Thorogood.sorry about posting my commetn in maltese. I fully agree with and I do just the same.However I have been at Zurrieq and saw one these illegal immigrants sort of sweeping the street. I came to know that was appointed by the Zurrieq local council, and by the way not only him, you can see several others as well.are these working with a valid working permit? isn't is a shame these are given jobs by the local council as well? is this what we voted for?
Corinne Vella
Feb 21st 2009, 15:30
Mark Thorogood: "must be very difficult for you to know exactly who to discriminate against."
I imagine it's quite simple, really - any colour, as long as it's black
mario aquilina
Feb 21st 2009, 11:06
How come, I am never offered a decent job, with a decent wage. My vote in the last election went in the bin. In the next election there will be two eligible votes in my family, and they will also go to the bin if there is no improvements. I vote with my feet.
Mark Thorogood
Feb 21st 2009, 10:53
@L. Galea "Whenever I see a shop employing an illegal immigrant I never shop at that outlet.
Whenever I see a restaurant employing an illegal immigrant I never eat at that restaurant.
I support my Maltese brothers and sisters, not illegal immigrants."
Malta is not only made up of Maltese citizens and illegal immigrants. There are many foreigners working here legally, including some who don't look typically Maltese - do you boycott shops and restaurants where legal foreigners work ? Of course its impossible to tell by appearance who is legal and who is illegal, so perhaps you use the colour of someones skin to make your "judgement". Except there are non-whites who are Maltese citizens, and there are non-whites who are EU citizens - must be very difficult for you to know exactly who to discriminate against.
Mark Thorogood
Feb 21st 2009, 09:58
@jschembri
I'm sorry, but I don't understand Maltese
Tony Bonello
Feb 21st 2009, 09:54
Good one When will the checks start here in Malta not only Irregular Immigrants, but also Russian,Bulgarian and other Eastern Europe nationalities working illegal here in Malta. And please do check these Maltese who register lots are also working Illegaly
jschembri
Feb 21st 2009, 09:44
Prosit Sur Thorogood, jien bhalek naghmel.nispers li jibdew jaghmlu hekk anke il-kunsilli lokali.nhar it-tnejn insaertajt kont iz-zurrieq u rajt iswed taparsi jiknes it-triq, u taprsi jiknes beda.sirt naf li dan gie mqabbad mill-kunsill lokali ta dan il-lokal. jista xi hadd jipprova jifhem xi haga bhal? fejn se naslu issa, li dawn jigu offruti xoghol mill-kunsilli lokali ukoll!!!! ghalhek nohorgu nivvutaw ahna?
Mark Thorogood
Feb 21st 2009, 07:56
@L. Galea "Whenever I see a shop employing an illegal immigrant I never shop at that outlet.
Whenever I see a restaurant employing an illegal immigrant I never eat at that restaurant.
I support my Maltese brothers and sisters, not illegal immigrants."
how do you know they are illegal ?
Denis Catania
Feb 20th 2009, 04:45
Report illegal hiring to Save Malta From Illegal Immigrants confidential hotline. E-mail to reportillegalhiringinmalta@yahoo.com we will report it to the proper authority. We will pressure and ask for results. 100% confidential. Only my name will appear. Please try to be accurate. Report your own employer if he is breaking the law. You will be saving Maltese jobs.
Robert Callus
Feb 19th 2009, 23:09
@Simon Busuttil
I used to think illegally employing people was illegal. Yet except one offs such as a football team from Gozo, these people seem to be above the law. So now, after probably a high dose of espresso, you want to upgrate the law. Sorry it wasn't the espresso but the Eurpean Parliament.
Why can't our country make it's laws? and much more important ENFORCE them.
Why should journalists have to play the role of 'law enforcement'
DOes anyone remember Xarabank a couple of years ago? A staff member just got a number and called a potential employer. He said he needed a couple of migrants to do him a job for a cheap price. The contractor or whatever said yes.
Believe it or not it's as easy as that
a darmanin
Feb 19th 2009, 21:55
"Imposing tough sanctions on employers who provide illegal employment to irregular migrants???" Yeah you're right indeed. Now we need you to take serious action against who break this law......not as always....BLA....BLA....BLA!!!! You can begin from construction sites around Malta first, following some hotels and restaurants (mostly in summer days).
L..Galea
Feb 19th 2009, 21:17
J.Spiteri
Whenever I see a shop employing an illegal immigrant I never shop at that outlet.
Whenever I see a restaurant employing an illegal immigrant I never eat at that restaurant.
I support my Maltese brothers and sisters, not illegal immigrants.
Joseph Attard
There must be NO quota. ALL illegal immigrants must be EXPELLED.
The only deterrent will be only if the employers will be sent to at least one year in prison including a fine of at least €100,000 for every illegal immigrant that they employ and every single illegal immigrant found on their premises will be considered as having been employed by them together with the expulsion of the illegal immigrant forthwith.
However, read between the lines for they say illegal immigrants. This means that since those in charge of granting asylum and humanitarian status is granting humanitarian status to the vast majority of illegal immigrants, this will only have a very tiny effect in Malta, if at all.
This eu law is simply a lot of hot air. Nar bla xiwi.
g. scerri
Feb 19th 2009, 17:19
If you want the full details don't go by general comments, but take a look at the EU Parlament site. Under the Grievance Proceedure, this directive lays down that illegal immigrants will, if they cooperate with the legal action against their employers, be able to get a temporary residence permit.
The UK has not opted-in because it believes that there is no legal basis or Community competence for criminal sanctions in the directive. Nor would it support measures which could create a pull-factor for illegal immigrants (eg. back payment, facilitations of complaints proceedures and any associated deelays in returning illegal immigrants.
J.Spiteri
Feb 19th 2009, 17:02
Hope you can come down t o Marsascala, some of the front villas employ illegal immigrants as cleaners and some of the restaurants as kitchen helpers.
Tony Caruana
Feb 19th 2009, 17:02
Simon Busutill Should know that Eu Laws are nothing but Hogwash
Just like the Schengen area. ' Just Like going to Gozo the advert said'
I went to Rome recently and i had to present my passport on at least 4 times.
Just like The Eu Firearms Pass ... What a joke try telling the UK Police that you have an EU Pass !!! They will tell you exactly were to put it !
mario mifsud
Feb 19th 2009, 16:25
'removes incentive for illegal immigration'
mela u zgur ghalhekk jigu l-emigranti fostna biex jahdmu illegalment
ddahqux aktar ghax qeghdin f'sitwazzjoni tal-biki
dan biss li kapaci nghamlu?
u jekk joghgobkom inkunu pattrijotti mhux partitotti !
John Spiteri
Feb 19th 2009, 16:15
"avoids any obligation to regularise illegal workers and which leaves it up to individual countries to decide whether they want to grant immigrants a temporary residence permit. Both points were pushed by the Socialist group, he said."
Yes sure with gov shaking in its boots every time the JRS or the UNHCR pulls its ears - you can imagine how it's going to be implemented locally......
We do not have to wait for the EU to implement such laws - AN has stated in its manifesto that those who employ illegal immigrants should automatically have their license revoked. punto e basta. that we have to wait for the EU shows just how much will there is in implementing these measures.
Joseph Attard
Feb 19th 2009, 16:10
Good action but on its own its not enough. This makes work more difficult for illegal immigrants to find, thus they will turn to crime. We don't want more immigrants than we can handle in a humane way. There should be a quota of how much this tiny island can handle. Everything over that quota should be sent to the EU or back to Libja.
Malta does not perform miracles! It is sad to see immigrants unable to live a decent life. But it is sad as well to be unfairly shamed across the EU for not doing enough to help. Malta is a tiny island and the EU should consider immigration numbers per capita.
d. borg
Feb 19th 2009, 16:03
I hope the police will start questioning all employers who are caught employing these illegal immigrants. There are hundreds of them, almost anywhere you go, be it shops, supermarkets, factories, builders, restaurants. We need to get things going and get the message through that from now on these employments will not be tolerated. And don't forget to go to Marsa in the morning to see the immigrants waiting for prospective employers. Maybe we should start reporting any such employments.
Dr Francis Saliba
Feb 19th 2009, 15:53
Unless we enforce this law with the same vigour as our EU neighbours Malta would become a still bigger magnet attracting more illegal immigration.
louise vella
Feb 19th 2009, 15:48
Right. Now is the time for Mifsud Bonnici to give instructions to the police to catch at least 10 persons per day working illegally in Malta and deal with them with the full rigour of the law. That will make 365 x 10 = 3650 per year, enough of a deterrent to employers and to potential illegal immigrants. But does he have the guts to do it?
Ivan Scicluna (Rabat)
Feb 19th 2009, 15:47
...what about the EUR5,000 tht is being offered to Illegal Immigrants to return home; is this not also an incentive for illegal immigration?
When will this be recinded???
fred grima
Feb 19th 2009, 15:47
@Joseph Sciberras
negotiation and diplomacy with gaddafi?! you must be joking right?
T Mifsud
Feb 19th 2009, 15:37
These type of articles and news always appear to balance out the negative news on illegal immigrants in an attempt to quell public opinion about the issue. More often than not these news items appear on same edition of the paper or news bulletin.
F J Brincat
Feb 19th 2009, 15:31
No doubt about it; it is a step in the right direction.
But laws are meaningless if these are not enforced AND they have to be enforced in the same manner with everyone.
Joseph Sciberras
Feb 19th 2009, 15:11
Neither the EU nor Malta can afford to enter into a confrontation with Libya over illegal immigration. Don't you think that Italy has just as massive a problem as we do? The solution can only be achieved by negotiation and diplomacy. Rash actions will only create greater problems.
Felice Zammit
Feb 19th 2009, 14:55
Pass tajjeb u ghaqli min nahha tal Parlament Ewropew. Imma mhux bizzejjed.
Il-GVERN qed jittolera illi immigranti illegali jinghataw xoghol illegali meta jhallihom jitlewmu il Marsa jistennew xi hadd itihom ix xil, f Albert Town. L unjoni Ewropea tider qed taghmel xoghola, Il Gvern Malti raqad.
Sander Depasquale
Feb 19th 2009, 14:54
I wonder how the government is going to implement such actions against employers as it is not even capable to make some employers to pay for their electricity usage!
Henry galea
Feb 19th 2009, 14:50
Dr. Busutill I/we thank you for acting bravely towards new laws in the EU.
O Attard
Feb 19th 2009, 14:41
Correct me if I am wrong, we are imposing sanctions on employers to remove an incentive to those that are already here, or on their way, and are somehow accepted by our nation to remove a main force of attraction.
First and foremost like this we are already fighting among ourselves, state vs employers.
Dr. Busuttil and Co are thinking that illegal immigrants now will die of hunger or will not afford luxuries such as branded clothing, mobile phones and transport? they don't see the possibility that they search their survival through criminality?
We already had various drug related cases, robberies, rapes and so on by these illegal immigrants although they are "working".
The only option is one, Europe is united to avoid war among european countries and by now we should be united enough to safeguard our teritories, is this the kind of respect we are paying to our fathers and garnd fathers that fought for us in the past? I do not see much different between this situation and a war as the ultiamte goal is always an invasion only the strategy is different and I am afraid that this seems to be more succesful.
L Debono
Feb 19th 2009, 14:31
I can see this as a part deterrent for those illegal immigrants that work without permits. It is also good to curb labour abuse on such people. Regardless or race or colour, abuse is not tolerated in our society. This should have been in place much earlier, but better late than never. Considering the present economic crises around the world this couldn't come at a better time.
On the other side of the argument, Governments spending to provide these illegal immigrants with welfare cheques, food, and lodging, has to be seriously looked at. This is a great burden on the nation and contrary to what this law is adopted for, putting money and other commodities back in their possession (especially without effort) is simply counterproductive.
wenzu vella
Feb 19th 2009, 14:17
This will achieve little. Malta cannot afford these economical illigal imigrants.
You Dr Busuttil as a guardian for Malta's interest in the EU, you should have done better by demanding the EU government use its power and influence on Gaddafi because he and he alone can stop these illigal imigrants going to Malta.
Mr Barosso is always very obliging to argue with Russia on behalf the Eastern EU members.
You should make sure that he Mr Barosso do the same with the huge problem that Malta is facing with the influx of these illigal imigrants.
Kaydee Zammit
Feb 19th 2009, 14:06
Forgive me, but my heart leapt when I read 'removes incentive for illegal immigration', only to sink again after reading the entire article. THIS is what removes the incentive? Tougher fines for employers? It will help in a small part, surely, but most of the immigrants do not come here to work. They come here to laze their way through the day, get pocket money, free bedding and food and spend all day with their mates. If this law is what is getting done to 'combating illegal immigration', the authorities are either blind, deluding themselves, or taking us all for fools. It pains me to say that I'd put my money on the latter. Gone are the days where people are gullible, and get confused by long words and political banter. Now we can think for ourselves, and I'm sure that I speak for the majority of the Maltese here when I say that enough is enough and they should be departed. I don't buy into this scheme.
Daniel Cardona
Feb 19th 2009, 13:59
about time ....