Brussels, 03/02/2009 (Agence Europe) - The directive on sanctions applicable to employers of illegal immigrants was welcomed on Tuesday 3 February by most MEPs during a plenary debate in Strasbourg. The proposal, which provides for the introduction of harmonised penalties ranging from fines to imprisonment, aims to combat illegal immigration and the trafficking of people, and will be put to the vote on Wednesday. The compromise negotiated by Claudio Fava (PES, Italy), European Parliament rapporteur, with the Council Presidency, was approved by a large majority in parliamentary committee on 21 January, thus opening the way to a first reading agreement on the directive (EUROPE 9824 and 9815).
MEPs said the text could have been stricter against employers who act unlawfully but that it was a balanced compromise and hence a very encouraging first step. “After two years of work, the EU is finally about to adopt a text that has the merit of suggesting sanctions for persons that exploit illegal immigrants”, Mr Fava was pleased to say. “We have managed to change the logic of it which was aimed at combating illegal immigrants”, he stressed, pointing out how important it was not to punish those in an illegal situation twice.
A double objective is attained. With this directive, the EU sends a “clear message” whereby illegal work will no longer be tolerated, given that sanctions have been set in place against employers, said Simon Busuttil (EPP-ED, Malta). “We have also tackled the attraction factor”, he said, saying “it will no longer be useful for Africans to put their lives in danger by crossing the sea”.
A strengthened repressive arsenal. Mr Fava stressed the importance of a number of provisions contained in the directive and especially those allowing member states to impose criminal sanctions on employers for the most serious intentional offences (repeated offences, the use of several illegal workers, employment of minors), as well as administrative sanctions that could amount to definitive closure of the company involved. He expressed regret that, when it comes to subcontracting, responsibility is not extended to the whole chain. “This does not prevent us from coming back to this in a few years' time”, he said, in order to call for legislative intervention. “This is the first time that the EU turns its attention to those who are really responsible, those who give work to illegal immigrants. I hope the sanctions set out in the text will prove effective”, said Panayiotis Demetriou (EPP-ED, Cyprus) for his part. Ignasi Guardans Cambó (ALDE, Spain) bemoaned the fact that the directive does not take effect until 24 months from now. He felt this was “far too long”.
Rights guaranteed for illegal immigrants. The rapporteur highlighted the fact that his report has introduced articles that give practical protection for foreign workers, even when such workers are illegal. Stavros Lambrinidis (PES, Greece) welcomed the fact that illegal immigrants could be treated in a more humane manner if permits to stay were granted, without however regularising their situation completely. “This would prevent thousands of migrants from being condemned to situations of poverty and distress”, he said, stressing however that other persons who are fully in line with the law are also exploited. Edit Bauer (EPP-ED, Slovakia) welcomed the fact that the new legislation helps immigrants to receive their salary even once they have returned home. Esther De Lange (EPP-ED, NL) pointed out that, out of the 4.5 to 8 million legal workers in the EU, far more women than men fall victim to abuse.
Persistent problems. Speaking for the Greens, Jean Lambert of Britain regretted that the Commission's proposal had been “watered down” regarding the number of inspections, sub-contracting and the payment of salaries. She said they would not be voting on the proposal. Giusto Catania (GUE/NGL, Italy) took the view that it would be preferable to bring these millions of people into line with the law rather than leave them to their fate. “This directive is following in the wake of the returns directive”, he criticised. Jeanine Hennis-Plasschaert (ALDE, NL) pointed out that it was above all up to member states to take action. “Neither the EP nor the Commission can wave a magic wand”, she said, regretting for example that inspection rates are not binding. One of the most pessimistic to take the floor, Sebastiano Sanzarello (EPP-ED, Italy) explained that, as soon as the measure takes effect, “we shall have 8 million illegal immigrants in the streets as they will be officially declared illegal”. In order to avoid this drama, pre-emptive action is required, he warned.
“Vigilance” regarding inspections. Immigration Commissioner Jacques Barrot welcomed the major efforts being made to reach an agreement at first reading, although the text does not correspond to the initial ambitions contained in the Commission's proposal. “I think we shall get there (…). I unhesitatingly support this compromise”, he said. “The Commission will be vigilant with regard to inspections. It remains to be seen in coming years whether these qualitative inspection criteria are retained and whether the measures taken in high-risk sectors are effective”, the commissioner said. The Commission will present three more proposals in spring 2009: - directives on seasonal workers, on persons transferred within their company, and on paid trainees. As part of the preparations for the Stockholm programme, the Commission will look at the working conditions of other categories of migrant workers, Mr Barrot concluded. (B.C./transl.jl)