The compromise reached between Parliament negotiators and the Council on the directive on the return of illegal immigrants was approved at first reading by the full Parliament on Wednesday. This legislation, which is a step towards a European immigration policy, will encourage the voluntary return of illegal immigrants but otherwise lay down minimum standards for their treatment.

The draft directive was adopted by Parliament under the co-decision procedure by 369 votes to 197, with 106 abstentions.  The House approved the compromise amendments tabled by the EPP-ED group.  Other amendments, by the PES, Greens/EFA and GUE/NGL groups, seeking to make the legislation more favourable to individuals who are the subject of an expulsion order, were thrown out, as was a proposal to reject the directive outright, which was tabled by the last two groups.
 
The purpose of the legislation is to lay down EU-wide rules and procedures on the return of illegal immigrants.  It covers periods of custody as well as re-entry bans but also includes a number of legal safeguards.  Member States will be banned from applying harsher rules to illegal immigrants but allowed to keep or adopt more generous rules.  In any case, this EU legislation applies only after a decision has been taken by the national authorities to deport an illegal immigrant: each Member State retains the power to decide in the first place whether it wishes to regularise or deport the immigrant.

The UK and Ireland are not affected by the directive because they have not opted into this area of Community law. The UK government argues that a strong returns regime in the EU is in everyone's interest, including the UK. But it is not persuaded that this Directive delivers the strong returns regime that the EU needs and that's why the UK government has chosen to exercise its right not to participate in this proposal.