Bor­der treaty is not at risk

Kentish Express Ashford & District - - Points Of View -

The Prime Min­is­ter and Damian Collins MP should check their facts (‘Mi­grants camps will come here if we quit EU, warns Cameron’, Fe­bru­ary 10).

France is highly un­likely to with­draw from the Treaty of le Tou­quet, the treaty be­tween the gov­ern­ments of the UK and France un­der which the jux­ta­posed con­trols in Dover and Calais were es­tab­lished.

In­deed Bernard Cazeneuve, the French in­te­rior min­is­ter has gone on record as say­ing it “would not be a re­spon­si­ble so­lu­tion… It is a fool­hardy path, and one the govern­ment will not pur­sue.”

Should France none­the­less with­draw from the Treaty, the UK would be more se­cure out­side the Euro­pean Union that within it.

The Treaty of le Tou­quet did not and does not in­volve any de­ci­sion or pol­icy mak­ing body of the Euro­pean Union, nor is it re­lated to any EU Treaty.

It is a bi­lat­eral treaty be­tween two na­tional gov­ern­ments.

As such its sta­tus would not be changed one iota by the UK leav­ing the EU or, for that mat­ter, France leav­ing the EU.

As the Treaty of Le Tou­quet and the EU are en­tirely sep­a­rate and un­con­nected, France would have no more rea­son to with­draw from the treaty if we left the EU than it does right now.

If France with­drew from the Treaty whilst the UK re­mains a EU Mem­ber State, we would in­deed face a se­ri­ous im­mi­gra­tion prob­lem be­cause the EU’s Dublin Regulation, with which we have to com­ply whilst EU Mem­ber State and which dic­tates that we would then have to re­turn any mi­grant seek­ing asy­lum to the coun­try through which they first en­tered the EU.

This is im­prac­ti­cal as a) the coun­try of en­try may be dif­fi­cult to de­ter­mine, b) the coun­try of en­try would prob­a­bly be Italy or Greece, nei­ther of which would co­op­er­ate given their present dif­fi­cul­ties and b) re­turn­ing such asy­lum seek­ers would be a costly and lo­gis­ti­cal night­mare.

So, yes, if France with­draws from the Treaty and IF WE RE­MAIN IN THE EU, we may well have asy­lum camps in Kent.

How­ever, should France with­draw from the treaty af­ter BREXIT we would no longer be be­holden to the EU’s Dublin Regulation and would there­fore be free to in­voke gen­eral in­ter­na­tional law in­stead.

That means we could turn mi­grants and asy­lum seek­ers away from our bor­der con­trols (which would then be in Dover) or could pros­e­cute them if break­ing the law, with­out the Euro­pean Court of Jus­tice say­ing oth­er­wise.

Asy­lum seek­ers could also be re­turned to the last safe coun­try ie: France, where they should ap­ply for asy­lum.

This is why our bor­ders would be more se­cure if we left the EU.

The fact is that our bor­ders can be made more se­cure when we leave the Euro­pean Union. Messrs Cameron and Collins are both ei­ther very badly in­formed or are de­lib­er­ately mis­lead­ing the pub­lic. Henry Bolton, Ukip po­lice and crime com­mis­sioner can­di­date for Kent and Diane James, MEP South East Re­gion UK, Ukip jus­tice and home affairs spokesman

Ukip’s Henry Bolton says bor­ders would be more se­cure if Bri­tain left the EU

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