Futile and illegal — the case against Sarkozy’s migrant summit

Could Britain be heading for Roma-style expulsions?

A group of high immigration officials from six countries, including the UK, invited by President Nicolas Sarkozy, meets in Paris today to see what can be done to undermine the principle of the free movement of people between EU member states.

The French government, along with its Italian allies in Silvio Berlusconi's administration, has made it clear that it thinks European Union rules in this area are far too lax, and do not give sufficient authority to nation states to restrain the movement of European migrants when it appears to conflict with their political interests.

Back in 2008, Rome led the way in seeking powers to tackle these matters when it pushed through a law allowing the mass round-up and deportation of Roma, mainly of Romanian nationality.

At that time, the European Commission intervened to abrogate the measure on the grounds of an obvious conflict with EU citizens' directives. These limit the expulsion power of national governments to individual cases, in which grounds for action have been established on the basis of a clear threat to public policy, public security or public health.

Since then the French have stepped to the forefront in claiming wider powers of expulsion for their immigration authorities, and, like the Italians, made people of Roma background the principal targets for their actions. In 2009, Sarkozy's government returned 10,000 people, mainly citizens of Romania and Bulgaria, a further 8,000 people being removed so far in 2010.

The Paris meeting has been proclaimed by its sponsors as an opportunity for other national governments sympathetic to this approach to form a bloc that will overwhelm legal objections from the EU, and to permit the deportation of EU nationals as a general response to the economic downturn.

The Italian immigration minister, Roberto Moroni, revealed his thinking on this point when he claimed the right on the part of national governments to act against migrants who have failed to secure for themselves "a minimum level of income, adequate housing and not being a burden on the social welfare system of the country hosting them".

Yet this is a terrain that has already been explored, both by the last Labour government and by the current coalition in recent months, through special projects directed against migrants from the central European and Baltic countries that joined the EU after 2004.

Under one such pilot programme, UK Border Agency officials have issued notice to homeless migrants who are out of work or not attending a course of education, informing them that they have no right to reside in the UK under EU law. If they are not prepared to leave voluntarily, expulsion is underpinned by the prospect of immigration enforcement.

The number removed under this procedure up to now is believed to be small -- in the region of 13 people, with another hundred being served a "minded to remove" letter. But UK Border Agency and community and local government officials are reviewing the work of the pilot, with a view to rolling it out across other regions of the UK. If this is the case, the numbers exposed to the threat of losing their rights to residency might quickly rise.

People working with vulnerable migrant communities have pointed to the futility of such policies, which are likely to increase insecurity as migrants removed from one country begin to drift in larger numbers across the whole of EU. Perhaps of even more concern should be that removing European migrants under such circumstances may well turn out to be unlawful under EU law -- an assertion made recently by prominent lawyers in the field.

Heather Ureche, of Equality, a UK charity working with Roma families, anticipates that a number of Roma may arrive from autumn onwards as pressure to leave France and Italy persists. She has also seen evidence that the UK welfare authorities have started adopting a much harsher approach to immigrants of eastern European origin, withdrawing child and family tax benefits, threatening destitute parents with care proceedings against their children, and increasing inspections of multiple-occupancy homes, leading to more people being pitched on to the street.

It is clear that defenders of the basic human rights of migrants will resist all of these attempts to promote even higher levels of insecurity among vulnerable groups. They expect to receive the support of civic society organisations, from trade unions through to the churches. The really interesting question is whether the defence of rights to free movement across Europe is an issue that will prick the conscience of the Liberal Democrat wing of the coalition, and that of the Labour opposition.

Don Flynn is the director of Migrants' Rights Network.

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Air pollution: 5 steps to vanquishing an invisible killer

A new report looks at the economics of air pollution. 

110, 150, 520... These chilling statistics are the number of deaths attributable to particulate air pollution for the cities of Southampton, Nottingham and Birmingham in 2010 respectively. Or how about 40,000 - that is the total number of UK deaths per year that are attributable the combined effects of particulate matter (PM2.5) and Nitrogen Oxides (NOx).

This situation sucks, to say the very least. But while there are no dramatic images to stir up action, these deaths are preventable and we know their cause. Road traffic is the worst culprit. Traffic is responsible for 80 per cent of NOx on high pollution roads, with diesel engines contributing the bulk of the problem.

Now a new report by ResPublica has compiled a list of ways that city councils around the UK can help. The report argues that: “The onus is on cities to create plans that can meet the health and economic challenge within a short time-frame, and identify what they need from national government to do so.”

This is a diplomatic way of saying that current government action on the subject does not go far enough – and that cities must help prod them into gear. That includes poking holes in the government’s proposed plans for new “Clean Air Zones”.

Here are just five of the ways the report suggests letting the light in and the pollution out:

1. Clean up the draft Clean Air Zones framework

Last October, the government set out its draft plans for new Clean Air Zones in the UK’s five most polluted cities, Birmingham, Derby, Leeds, Nottingham and Southampton (excluding London - where other plans are afoot). These zones will charge “polluting” vehicles to enter and can be implemented with varying levels of intensity, with three options that include cars and one that does not.

But the report argues that there is still too much potential for polluters to play dirty with the rules. Car-charging zones must be mandatory for all cities that breach the current EU standards, the report argues (not just the suggested five). Otherwise national operators who own fleets of vehicles could simply relocate outdated buses or taxis to places where they don’t have to pay.  

Different vehicles should fall under the same rules, the report added. Otherwise, taking your car rather than the bus could suddenly seem like the cost-saving option.

2. Vouchers to vouch-safe the project’s success

The government is exploring a scrappage scheme for diesel cars, to help get the worst and oldest polluting vehicles off the road. But as the report points out, blanket scrappage could simply put a whole load of new fossil-fuel cars on the road.

Instead, ResPublica suggests using the revenue from the Clean Air Zone charges, plus hiked vehicle registration fees, to create “Pollution Reduction Vouchers”.

Low-income households with older cars, that would be liable to charging, could then use the vouchers to help secure alternative transport, buy a new and compliant car, or retrofit their existing vehicle with new technology.

3. Extend Vehicle Excise Duty

Vehicle Excise Duty is currently only tiered by how much CO2 pollution a car creates for the first year. After that it becomes a flat rate for all cars under £40,000. The report suggests changing this so that the most polluting vehicles for CO2, NOx and PM2.5 continue to pay higher rates throughout their life span.

For ClientEarth CEO James Thornton, changes to vehicle excise duty are key to moving people onto cleaner modes of transport: “We need a network of clean air zones to keep the most polluting diesel vehicles from the most polluted parts of our towns and cities and incentives such as a targeted scrappage scheme and changes to vehicle excise duty to move people onto cleaner modes of transport.”

4. Repurposed car parks

You would think city bosses would want less cars in the centre of town. But while less cars is good news for oxygen-breathers, it is bad news for city budgets reliant on parking charges. But using car parks to tap into new revenue from property development and joint ventures could help cities reverse this thinking.

5. Prioritise public awareness

Charge zones can be understandably unpopular. In 2008, a referendum in Manchester defeated the idea of congestion charging. So a big effort is needed to raise public awareness of the health crisis our roads have caused. Metro mayors should outline pollution plans in their manifestos, the report suggests. And cities can take advantage of their existing assets. For example in London there are plans to use electronics in the Underground to update travellers on the air pollution levels.

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Change is already in the air. Southampton has used money from the Local Sustainable Travel Fund to run a successful messaging campaign. And in 2011 Nottingham City Council became the first city to implement a Workplace Parking levy – a scheme which has raised £35.3m to help extend its tram system, upgrade the station and purchase electric buses.

But many more “air necessities” are needed before we can forget about pollution’s worry and its strife.  

 

India Bourke is an environment writer and editorial assistant at the New Statesman.