The government has once again told EU justice ministers that it is not prepared to host any of the Guantanamo detainees currently held by the US in Cuba.
During the Justice and Home Affairs Council in Luxembourg last Thursday the government said it may invoke an 'opt-out' clause to ensure that Guantanamo guests who obtain freedom of movement when they settle in Europe do not apply to come to Malta.
According to EU rules, once the Guantanamo detainees settle in EU member states they will acquire 'free movement' rights in the Schengen area, meaning that they can move from one country to another.
However, following pressure by various member states, including Malta, the EU decided that individual member states can suspend free movement rules in the case of these 'guests', barring them from entering their territory for 'national security' reasons.
During the meeting the issue was settled, although many safeguards were included in the deal to be offered to the US. The EU also reiterated that it would be up to individual member states to choose whether to host any of the 'former alleged terrorists'.
In Malta, the issue had hit the headlines last February when, during a vote in the European Parliament, the three Labour MEPs had voted in favour of the Guantanamo inmates being settled in Europe, prompting accusations from the Nationalist camp that the PL wanted to host 'dangerous terrorists'.
On the other hand, Labour's MEPs said that their vote was not intended for Malta but other EU member states.
Following last Thursday's home affairs ministers' agreement, the process of transferring some of Guantanamo's detainees to Europe will be phased.
The initial phase would entail the creation of an information-sharing mechanism between the EU and the US, and also within the Schengen area. EU member states have agreed only to accept detainees who are 'cleared for release' by the US authorities.
Their number could be between 40 and 60 and the group would only include people against whom there are no criminal charges and who cannot return home because they might face torture.
The issue will now move on to the EU foreign ministers who will finalise a joint EU-US statement on the deal. The member states' individual contributions to the process will then be decided in the autumn.