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Open%20borders%20The%20case%20against%20immigration%20controls%20-%20Teresa%20Hayter

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Border Controls 61<br />

Any Colombian, Russian or Nigerian who had legally entered the EU through<br />

Rome, Vienna or Paris would be free to waltz into Britain with no checks on them. ...<br />

Thus, the Portuguese consulate in Mozambique, or the German consulate in<br />

Colombia, by issuing a visa, could determine who ultimately entered Britain. ...<br />

This was a bombshell. ...<br />

We had never envisaged that freedom of movement within the European Union<br />

meant that we would be obliged to admit non-EU citizens without any right to control<br />

their numbers.<br />

The British, of course, flattered themselves if they thought that people who<br />

had managed to enter Germany or Portugal would then wish to ‘waltz’ into<br />

Britain in any numbers.<br />

The Amsterdam Treaty, negotiated in 1998, stated that within a five-year<br />

period there should be agreement on measures with respect to external<br />

borders to allow free movement of persons in line with article 7a of the<br />

Maastricht Treaty; measures to implement an ‘absence of any controls on<br />

persons, be they citizens of the Union or nationals of third countries, when<br />

crossing internal borders’; and measures to harmonise the treatment of<br />

refugees. In an initial three-year period decisions were to be made by the<br />

Council of Ministers, acting unanimously; subsequently decisions could be<br />

by qualified majority. The Schengen agreements were absorbed into the<br />

Maastricht Treaty and became law, with a protocol enabling Britain to opt<br />

in to its provisions. In March 1999 the British Home Secretary Jack Straw<br />

announced in Brussels that Britain now wished to opt in to aspects of the<br />

Schengen Convention which related to police and judicial cooperation and<br />

information-gathering, such as the strengthening of Europol, and to<br />

participate in the Schengen information system (SIS), set up to provide a<br />

computer database on ‘criminals, asylum seekers and illegal immigrants’.<br />

Europol is a European police organisation originally set up under the<br />

Maastricht Treaty as the ‘European Drugs Unit’, which has recently become<br />

involved in the hunting and detention of migrants, including asylum seekers.<br />

The SIS is a massive system, which has been condemned by both Amnesty<br />

International and the UNHCR, designed to increase internal controls on<br />

migration; it has more than 30,000 terminals and contains large amounts<br />

of personal information, including fingerprints. Almost 90 per cent of those<br />

registered on the SIS are ‘unwanted immigrants’, including many asylum<br />

seekers. The British were also enthusiastic promoters of such control<br />

measures at the special EU justice and home affairs summit at Tampere in<br />

Finland in October 1999. Straw was said to hope that agreement on asylum<br />

criteria at Tampere and afterwards might help to curb what he considered to<br />

be the excessive liberalism of British judges. The likelihood was that the<br />

search for common procedures and criteria would lead to agreement on the<br />

lowest common denominator.<br />

The curbing of migration and asylum seeking, and in particular of what<br />

is called in the jargon the ‘trafficking’ of migrants and refugees, has become<br />

an obsession with the authorities of European states. According to John

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