Brussels, 06/02/2009 (Agence Europe) - European Immigration Commissioner Jacques Barrot, on Wednesday 4 February, welcomed the broad support given by the European Parliament (EP) on the directive introducing sanctions against employers of illegal immigrants. The EP, which, on Wednesday approved the amendments to the text, will adopt its formal position on first reading in Brussels on 18-19 February (see EUROPE 9833). “I am very glad to see that, on such a sensitive and complex issue, the Parliament has expressed a positive view,” Barrot said. “The employment of illegally staying migrants is not a trivial matter, as it is harmful in many respects,” he added, noting that, because they depend totally on the employer, immigrants run the great risk of being exploited, sometimes under slavery-like conditions. “Let us not forget that, in order to reach Europe in quest for work, thousands of immigrants every year risk their life at sea,” the Commissioner went on, pointing out that illegal employment distorts competition and the proper functioning of the internal market.
Following the vote, several MEPs, including rapporteur Claudio Fava (PES, Italy) expressed their positions. “From now on, employers who take on workers who don't have any immigration papers, often in terrible living conditions and with very poor wages, will face civil, and perhaps even criminal, charges,” Fava said. He went on that the text sought to give migrant workers the “same rights” as other workers. The effectiveness of the legislation would depend on inspections to be carried out in member states, he acknowledged, however. “The Commission has promised to be vigilant, and will report back to us in three years' time on the implementation of the most sensitive measures, which include inspections, granting residence permits, making back payments and sub-contracting,” he said. In the debate before voting, Patrick Gaubert (EPP-ED) said: “This proposal for a directive is of the greatest importance in combating illegal immigration”. He said that “neither was it about lumping all employers together. Those who, in good faith, take on people they believe to be perfectly legal cannot be treated in the same way as those who exploit the situation”. Ignasi Guardans Cambó (ALDE, Spain) said the directive was “balanced”, because it highlighted the duties of the employer. “Tackling illegal immigration is not something only for the police in the underground in London or Madrid. It is also for the human resources offices of many firms which take on illegal workers to exploit them and leave them with no rights,” he said. The Greens, however, fear that the vote will see immigrants paying the price of the sanctions. “No incentives or protection has been included to protect the illegal immigrant if he/she blows the whistle on his/her employer,” complained Belgian Pierre Jonckheer, just after the vote. Finally Giusto Catania (GUE/NGL, Italy) said that the proposal “punishes the exploited more than the exploiters”. It does not even offer illegal migrants any hope of having their situation legalised: once the whistle has been blown on their employer, expulsion procedures are automatically begun, he went on.
The European trade Union Confederation (ETUC) said the legislation was “ineffective” and even “dangerous” since it would encourage employers to use complex subcontracting chains and “letter-box” companies to avoid their obligations and criminal sanctions. “Taking measures against employers sounds nice, but experience in the US has shown that it drives a lot of the illegal work further underground,” said ETUC Confederal Secretary Catelene Passchier. European business leaders said the pressure on employers would be unbearable. Marcus Schwenke from BUISNESSEUROPE said that it is impossible for employers to check the legality of their contractual partners. He was referring in particular to the requirement on employers to check migrants' residence permits before employing them. This proposal, he said, was “disproportionate” putting “a heavy administrative burden on companies and (including) too severe penalties”. The European Network Against Racism (ENAR) the European Women's Lobby (EWL) the Platform for International Cooperation on Undocumented Migrants (PICUM) and SOLIDAR said they are “disappointed” that the compromise reached between the Council of the EU and MEPs “retains the focus on the status of the migrant, rather than the exploitation by the employer”. They say that “placing the duty on employers to control immigration is likely to lead to open or hidden racial discrimination whereby not only every third country national but also every 'foreign' looking worker is placed under suspicion and subjected to scrutiny”.
The United Kingdom intends to invoke its opt-out from this legislation. It believes that there is no legal base allowing the Community to introduce criminal sanctions in the directive. Neither does it want to support measures which could have the effect of attracting illegal immigrants (payment of wages in arrears, making it easier to lodge complaints, granting time before expulsion). (B.C./transl.rt)