HL Deb 01 March 2001 vol 622 cc152-4WA
Baroness Harris of Richmond

asked Her Majesty's Government:

Further to the Written Answer by Lord Bassam of Brighton on 6 February (WA 93), in respect of which specific proposals under Title IV of the EC Treaty they have notified their intention to participate in adoption and application [HL759]

The Parliamentary Under-Secretary of State, Home Office (Lord Bassam of Brighton)

The policy of the United Kindom towards participating in measures under Title IV of the treaty establishing the European Community is to review each proposed measure individually and to opt in when it is in the interests of the UK to do so. In a reply to a Written Question from the honourable Member for Penrith and the Borders (David Maclean) in another place on 12 March 1999 (Official Report, col. 380) the Home Secretary confirmed his statement that day at the Justice and Home Affairs Council that, while we would maintain our frontier controls in line with the Amsterdam Treaty Protocol, we wished to co-operate in all other justice and home affairs areas which did not conflict with this objective. In relation to Title IV, the Home Secretary highlighted areas in which the UK would look to participate as asylum and civil judicial cooperation measures and measures to control illegal immigration where these did not conflict with maintenance of national immigration controls. In accordance with these stated principles, the UK has notified its intention under Article 3 of the Protocol on the position of the United Kingdom and Ireland to participate in the application and adoption of the following proposed measures under Title IV of the treaty establishing the European Community:

Asylum and Immigration Measures

Regulation: Commission proposal for a Council regulation concerning the establishment of "Eurodac" for the comparison of the fingerprints of applicants for asylum and certain other aliens (title subsequently amended to "Council Regulation concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention")

Directives: Initiative of the French Republic for a Council Directive defining the facilitation of unauthorised entry, movement and residence;

Commission proposal for a Council Directive on minimum standards on procedures in member states for granting and withdrawing refugee status;

Initiative of the French Republic for a Council Directive concerning the harmonisation of financial penalties imposed on carriers transporting into the territory of the member states third country nationals not in possession of the documents necessary for admission;

Initiative of the French Republic for a Council Directive on mutual recognition of decisions concerning expulsion of third country nationals;

Commission proposal for a Council Directive on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance between member states in receiving such persons and bearing the consequences thereof.

Decision

Commission proposal for a Council Decision establishing a European Refugee Fund.

External measures

Commission proposal for a Council Decision on the conclusion of an agreement between the European Community and Republic of Iceland and Kingdom of Norway concerning the criteria and mechanisms for establishing the state responsible for examining a request for asylum lodged in a member state or Iceland or Norway. (The UK also notified its intention to participate at an earlier stage when the Commission brought forward its proposal for a negotiating mandate.)

Recommendations for Council Decisions authorising the Commission to negotiate readmission agreements with Sri Lanka, the Kingdom of Morocco, the Islamic Republic of Pakistan and the Russian Federation.

Civil Judicial Co-operation Measures

Regulations: Commission proposal for a Council Regulation (Brussels I) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;

Initiative of the French Republic for a Council regulation on the mutual enforcement of judgments on rights of access to children (Brussels IIbis);

Initiative of the Federal Republic of Germany for a Council regulation on co-operation between the courts of the member states in taking evidence in civil and commercial matters;

Commission proposal for a Council regulation extending the programmes of incentives and exchanges for legal practitioners in the area of civil law (Grotius—Civil);

Initiative of the Federal Republic of Germany and the Republic of Finland for a Council regulation on insolvency proceedings;

Commission proposal for a Council regulation on the service in the member states of judicial and extrajudicial documents in civil or commercial matters;

Commission proposal for Council regulation (Brussels II) on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for joint children.

Decision: Commission proposal for a Council Decision establishing a European judicial network in civil and commercial matters.