Anne Main raises an Urgent Question in the House of Commons to seek an explanation from the Government on the European Commission’s proposals to reform the Dublin protocol - the protocol that governs where asylum seeker claims should be determined within the EU.
Anne pushed for a statement from the minister after reports suggested that the UK could be fined for non-compliance, despite the difficulties that are currently being experienced with this policy around Europe.
As the House will be aware, the UK has an opt-in to any EU proposals on justice and home affairs issues. It is not bound to sign up to the proposals the Commission has published today; we will have three months to consider whether to do so. The proposals will be laid before Parliament, and an explanatory memorandum will be provided. Scrutiny Committees in both Houses will look at the issue in detail, and Parliament will be able to consider the proposals in the usual way.
The Government strongly support the principles behind the Dublin regulation. We believe that an asylum claim made in the EU should be dealt with by the member state most responsible for the applicant’s presence in the EU. This provides certainty for the applicant and protects other member states’ asylum systems from abuse. But our starting position is clear: we will not opt into any legislative proposal that replaces the existing Dublin principles with a redistribution mechanism, and we do not support relocation. Those in need of protection should claim asylum in the first safe country they reach. We support the existing Dublin regulations and the principles underpinning them.
In this context, it is worth noting that the Commission has been very clear today that, should we not opt into the revised Dublin regulations, the existing regulations will continue to apply between the UK and other member states, and this is at least partly a direct result of the Government’s engagement with the Commission and other member states. As such, there is no risk that we would lose our existing powers to return people to other EU member states—powers that we have used nearly 12,000 times since 2005.
Where an individual is the responsibility of another EU member state under EU law, the Government seek to return them under the Dublin regulations—and we will continue to do so. We have been engaged in regular constructive conversations with our European counterparts and the European Commission, and will participate fully in the negotiations on this draft proposal at European level. I commend this statement to the House.
The Minister said in February that the Dublin agreement
“should be upheld, -not undermined.”—[Official Report, 29 February 2016; Vol. 606, c. 689.]
In theory, the Dublin asylum regulations ensure that EU countries can deport refugees to their first port of entry, as he just re-confirmed. The Secretary of State recently restated her view
“that amending the Dublin regulation is unnecessary and risks undermining a vital tool in managing asylum claims within the EU.”—[Official Report, 2 December 2015; Vol. 603, c. 21WS.]
However, the EU Commission is pressing ahead with reforms despite her views, and despite many European countries expressing their extreme disquiet. Under the existing rules, Britain ostensibly, as the Minister said, has the right to deport asylum seekers to their first port of entry. However, in practice that means—he gave a figure—that only 1% of asylum seekers from UK each year have been relocated to the first port of entry, according to Eurostat. Does he accept that this very low figure of only 1% for relocations is accurate? If so, will he explain why the UK is performing so badly under the current regulations?
In practice, the Dublin agreement is very far from perfect, and the EU is desperate to find ways of evening out the strains from the large numbers of asylum seekers, as well as of not rocking the British boat before our referendum. Even the European Commission has acknowledged that the current Dublin system does not work. Germany has all but abandoned it, and Greece has apparently not abided by it since 2011. The Commission has stated:
“Even where Member States accept transfer requests, only about a quarter of such cases result in effective transfers, and, after completion of a transfer, there are frequent cases of secondary movements back to the transferring Member State”.
Does the Minister accept that even with relocations as low as 1%, we are often obliged to re-admit individuals under the secondary transfer process? Does he have figures for the House on how many are relocated back to the United Kingdom? Given the low numbers sent back to the first port of entry under this system, and the fact that many of them return, does he still believe that this is a good deal for Britain? Despite the haggling and horse-trading going on behind closed doors as we speak, has the Secretary of State secured a permanent and favourable opt-out from any form of quota sharing—an opt-out that cannot be overruled at any point in future by other member countries? It is important to know that at this moment.
These proposals are part of a package to try to manage the surge in migrants and refugees flooding into Europe. The Commission is in the process of proposing measures revising the terms of the Dublin regulation—namely, imposing a financial penalty of €250,000 for every refugee not taken by a country if another member state experiences a sudden influx. How will this new quota/penalty system proposal sit with the current Dublin III proposal that the Minister says he wishes to stay within? Has he secured a permanent and favourable opt-out from any form of penalty payment that might be negotiated in future for non-acceptance of quotas—one that could not be overruled at any point in future by other member countries?
Secondly, equally courteously and gently, I say to the Minister, with reference to his final sentence commending his statement to the House, that he did not make a statement to the House. The Government could perfectly well have volunteered a statement to the House, but the reason the right hon. Gentleman is in the Chamber is that I required a Minister to attend the Chamber to answer the urgent question—capital U, capital Q—from the hon. Lady. It may seem a fine distinction to those attending our proceedings, but it is quite an important one. The right hon. Gentleman is here involuntarily and not voluntarily. I hope the position is now clear.
My hon. Friend the Member for St Albans (Mrs Main) has raised various points. The UK has a very clear opt-in arrangement in relation to justice and home affairs matters and we retain firm control over the ability to decide which matters to opt into, as I explained clearly in my opening comments.
The existing Dublin regulations provide a significant benefit. As I have said, we have used the process to remove nearly 12,000 people from the UK to other EU member states over the past 10 years.
My hon. Friend asked whether we may subsequently be bound by, or be required to be participants in, the new arrangements. I point her to a specific statement in the European Commission’s press release:
“The UK and Ireland are not required but instead determine themselves the extent to which they want to participate in these measures, in accordance with the relevant Protocols attached to the Treaties. If they do not opt in, the current rules as they operate today will continue to apply to them, in line with the Treaties.”
That provides the important clarification and certainty sought by my hon. Friend. Clearly, that provides protection in relation to whether or not we decide to opt into certain matters, including the quota penalty, to which she referred.
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