HC Deb 14 June 2004 vol 422 cc747-8W
Mr. Spring

To ask the Secretary of State for the Home Department on which occasions the United Kingdom has used the protocols attached to the Amsterdam Treaty not to participate in a proposal from the European Commission or a member state concerning asylum, immigration or border controls. [174716]

Mr. Browne

Under the Protocol on the position of the United Kingdom and Ireland, agreed at the Amsterdam Inter-Governmental Conference and annexed to the Treaty on European Union and the Treaty establishing the European Community, the UK does not take part in any measure under Title IV of the treaty establishing the European Community (visa, asylum, immigration) unless it notifies the Council, in writing, of its intention to participate (opt-in).

The policy of the United Kingdom towards participating in measures under Title 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 right hon. gentleman, the Member for Penrith and the Borders (David Maclean) on 12 March 1999, my right hon. friend 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, my right hon. friend the Home Secretary highlighted areas in which the UK would look to participate as asylum and civil judicial co-operation 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 not, to date, notified its intention to participate in a number of EU proposals, a list of which will be placed in the Library.