Split over plans to combat traffic in human beings

Date: 23/11/00

By John Shelley

PLANS to push through measures to clamp down on gangs which smuggle illegal immigrants into the EU have run into trouble because of fears they will also hit genuine asylum seekers.

Justice ministers are due to agree proposals next Thursday (30 November) for common rules and penalties to tackle gangs like the Chinese 'Snakeheads' which smuggle immigrants into the Union.

But member states are divided over just how far the rules should go. Some worry that strict regulations will mean that charitable organisations which circumvent the law to bring genuine refugees into European countries could find themselves classed with professional gangs.

But other governments are insisting on a hard-line approach, saying that no matter how good their intentions, if these groups break the law they should be punished. "The law is the law. If these groups are acting illegally, then we would expect them to be dealt with," said one diplomat.

Ministers are due to reach preliminary agreement on two separate proposals next week. The measures are seen as a key part of the Union's attempts to crack down on human trafficking in the wake of the Dover tragedy, in which 58 Chinese immigrants suffocated in the back of a lorry which was carrying them into the UK earlier this year.

Under the first proposal, ministers would agree a common definition of the crime of trafficking in human beings and set an

EU-wide maximum penalty for the offence. The French want this to be set at ten years, but other member states such as Belgium are pushing for just five years.

The wording of the definition is also proving controversial. Many member states insist that in order to be guilty, an individual must be smuggling 'for financial gain'.

This would protect those caught transporting genuine refugees into the Union for ethical reasons. However, other EU governments, including France and the UK, say this would let too many people off the hook and make it harder to prove a case against professional smugglers.

The second proposal is designed to get agreement on common penalties for those who transport illegal immigrants across borders. France has advocated a penalty of at least 2,000 euro for lorry drivers and others who allow themselves to be used for human-trafficking operations.

But diplomats say that this is likely to be watered down ahead of next week's meeting and replaced with a requirement that member states set the maximum penalty for the offence at a minimum of 5,000 euro.

Plans to push through measures to clamp down on gangs which smuggle illegal immigrants into the EU have run into trouble because of fears they will also hit genuine asylum seekers.