CHAPTER 6: conclusions and recommendations
77. Border controls cannot bear the full weight of
ensuring security in the EU, but relaxed or inefficient controls
will clearly tend to increase the risks of illegal immigration
and cross-border crime (paragraph 16).
78. There is a clear need for effective co-operation
between Member States to provide a more uniform level of security
at external borders (paragraph 50).
79. We welcome the greatly increased level of practical
co-operation between the Member States on external border issues
and the United Kingdom's active participation in them, although
there is some inconsistency in the United Kingdom's approach,
given its non-participation in the main elements of Schengen
80. The case for financial burden-sharing is unarguable;
we welcome the specific provision made for it in the draft Constitutional
Treaty and the Government's acceptance of it in principle (paragraph 51).
81. We strongly endorse the point made by many of
our witnesses about the need for trust between authorities across
a common border and we fully support the general thrust of the
Commission's Communication on the "new neighbours".
It is important that preoccupation with EU integrated border management
does not displace the equally important work of building up trust
and effective working relationships with the new neighbours (paragraph
82. The case for a fully fledged multi-national force
has not been made (paragraph 53).
83. Dr Edward Johnson's work in developing specialised
operational "languages" has great potential for facilitating
communication in operational co-operation in the border control
field, and we urge those concerned to examine further its possible
application in such situations (paragraph 54).
84. It is essential that any EU body responsible
for border controls should have a clear legal base and be subject
to detailed accountability and data protection safeguards. The
establishment of Eurojust provides a useful precedent (paragraph
85. All common EU border control activities should
be subject to effective data protection standards, particularly
if they involve risk assessment and profiling and intelligence
sharing (paragraph 61).
86. It is important that clear legal rules applying
to joint operations are established, including rules on the powers
of border guards and the remedies available to individuals when
these powers are exceeded (paragraph 62).
87. It is essential that guidelines for border guards
take full account of international human rights principles and
are drafted with the utmost care to combat racial discrimination
in the application of controls on entry and to avoid racial stereotyping
88. We welcome the proposals in the draft Constitutional
Treaty, which should bring about considerable improvements by
merging the First and Third Pillars and subjecting measures adopted
in the area of freedom, security and justice to a high level of
judicial control and parliamentary accountability (paragraph 64).
89. If the Government continue to maintain controls
at the United Kingdom's borders with other Member States, they
should consider the possibility of adopting the common manual
for checks at external borders (paragraph 76).
Recommendation to the House
90. The Commission Communication on integrated management
of the external borders of the Member States of the European Union
issues raises important issues of policy to which the attention
of the House should be drawn, and we therefore recommend this
report for debate.