Bernard Allen (Cork North Central, Fine Gael)
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Question 90: To ask the Minister for Justice, Equality and Law Reform his views on the unilateral decision of the Spanish Government to validate over 500,000 illegal immigrants in Spain; if any consultation took place with the Irish Government before the decision was taken; his views on whether there is a need for a unified EU approach to immigration policy; and if he will make a statement on the matter. [8062/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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In January of this year the Spanish Government announced a regularisation programme for illegal migrants living in Spain. The programme which began on 7 February 2005 will run for three months to 7 May. While it is expected that there will be significant numbers involved it is not possible to obtain final numbers as the programme is still ongoing.

The Irish Government was not consulted prior to the announcement of this decision and I am not aware of any prior consultation with other EU members.

In recent times there have been discussions at EU level concerning the setting up of a system of mutual information and early warning on important decisions to be taken in member states between those responsible for migration and asylum policies. It is expected that the Justice and Home Affairs Council will shortly adopt conclusions on such a system for the future.

My views on whether there is a need for a unified EU approach to immigration policy is that we should be wary of harmonisation for its own sake. Member states are at different stages of migration development and the economic situations are diverse. For example, the unemployment rates vary widely between member states.

While Article III — 267 of the draft constitutional treaty states that "the Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows and fair treatment of third country nationals residing legally in Member States", it also adds that this "shall not affect the right of member states to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, whether employed or self employed".