Clause 58 - Removal of asylum-seeker to third country
Nationality, Immigration and Asylum Bill
7:15 pm
Ms Rosie Winterton (Parliamentary Secretary, Lord Chancellor's Department; Doncaster Central, Labour)
As the hon. Gentleman said, the amendment would make any arrangement with another EU member state for the return of asylum seekers subject to the approval of both House of Parliament. We do not agree that any standing arrangement that we make with any member state should require that approval. The standing arrangements referred to in the clause apply specifically when the member state with which an arrangement has been made has accepted that it is responsible for the claimants' asylum claims. No arrangement under the clause may be entered into unless that condition has been fulfilled, and it is unnecessary to seek the approval of Parliament for arrangements to carry out removals to safe third countries. Given the level of protection of fundamental rights and freedoms by the member states of the European Union, they can be regarded as constituting safe countries for all legal and practical purposes in asylum matters. Any such standing arrangements should therefore benefit from the automatic safe third country provisions envisaged in section 11 of the 1999 Act. Given that explanation, I hope that the hon. Gentleman will withdraw the amendment.