§ Mr. LidingtonTo ask the Secretary of State for the Home Department what is his policy towards the claim of the European Commission that the EU should have competence over readmission issues. [94133]
§ Mrs. RocheFollowing the entry into force of the Amsterdam Treaty, matters concerning immigration and asylum co-operation are now contained within Title IV of the Treaty establishing the European Community and are therefore within Community competence. The Government is of the view that readmission issues could fall within the scope of Article 63(3)(b) TEC which provides for measures on immigration policy within the area of removal of illegal residents.
Under the terms of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaties by the Treaty of Amsterdam, the United Kingdom may decide to participate in the adoption and application of any measures, including readmission measures, brought forward in Title IV, but it is not otherwise bound by Community law in this area. Should any readmission measures be considered to be a development of the Schengen acquis, the provisions of the Protocol integrating the Schengen acquis into the framework of the European Union would also be relevant.