HC Deb 13 July 1993 vol 228 cc423-5W
Mr. Allen

To ask the Secretary of State for the Home Department (1) what authority will carry out the checks proposed under article 3 of the recommendation of the Ministers responsible for immigration at their meeting in Copenhagen on 1 and 2 June on checks and expulsions of third-country nationals residing or working without authorisation; what computer facilities will be provided to the authority; what are the cost implications of such checks and such computer facilities; and if he will place a copy of the guidelines to be issued to the authority in the Library;

(2) what authority (a) was responsible for and (b) carried out the drafting of the recommendation of the Ministers responsible for immigration at their meeting in Copenhagen on 1 and 2 June on checks and expulsions of third-country nationals residing or working without authorisation;

(3) what plans Ministers responsible for immigration in the member states of the European Community have to harmonise their rules relating to the interpretation of public policy and national security as grounds for expulsion;

(4) what abuse is intended to be addressed by article 4, indent 3 of the recommendation of the Ministers responsible for immigration at their meeting in Copenhagen on 1 and 2 June on checks and expulsions of third-country nationals residing or working without authorisation;

(5) what steps the Government plan to take to implement article 2 of the recommendation of the Ministers responsible for immigration at their meeting in Copenhagen on 1 and 2 June on checks and expulsions of third-country nationals residing or working without authorisation;

(6) what consideration has been given to the cost implications of taking measures to implement article 1 of the recommendation of the Ministers responsible for immigration at their meeting in Copenhagen on 1 and 2 June on checks and expulsions of third-country nationals residing or working without authorisation;

(7) if he will make a statement on the effect of the recommendation of the Ministers responsible for immigration at their meeting in Copenhagen on 1 and 2 June on checks and expulsions of third-country nationals residing or working without authorisation, on the current pattern of checks on persons admitted to be reunited with their families;

(8) what measures have been taken to implement article 1 of the recommendation of the Ministers responsible for immigration at their meeting in Copenhagen on 1 and 2 June on checks and expulsions of third-country nationals residing or working without authorisation;

(9) what measures the Government plan to take or continue to take to ensure compliance with article 4 of the recommendation of the Ministers responsible for immigration at their meeting in Copenhagen on 1 and 2 June on checks and expulsions of third-country nationals residing or working without authorisation.

Mr. Charles Wardle

The recommendation concerning checks on and expulsion of third-country nationals residing or working without authorisation, which was approved by EC Immigration Ministers at their meeting in Copenhagen on 1 June 1993, seeks to ensure that effective procedures are in place to prevent people from entering or remaining unlawfully in member states, or from working there without authority; and to remove those found to have done so unless there are compelling reasons for letting them remain. It was prepared in the ad hoc group on immigration and its sub group on expulsion, and builds on a recommendation of expulsion practices which was endorsed by EC Immigration Ministers at their meeting in London on 30 November 1992.

The recommendation identifies the circumstances in which it may be appropriate to make checks, but does not have binding legal effect. It specifically states: checks and controls on the residence and employment of third country nationals shall be decided upon and carried out by those authorities which are empowered to do so under national legislation".

The recommendation is broadly consistent with existing United Kingdom law and practice and no changes are currently planned as a result of the recommendation, which does not therefore have any immediate cost implications for the United Kingdom.

There are no plans for work to harmonise the interpretation of public policy and national security in this context. The main abuse at which the third indent of paragraph 4 of the recommendation is directed is marriages of convenience.