Parliament | Muscat accuses Opposition of not defending national interest

Prime Minister Joseph Muscat yesterday told the House that his government was considering sending back single Somali men who arrived yesterday morning by sea back to Libya, except for children and their parents, pregnant women and physically vulnerable persons.

His controversial decision was yesterday blocked by an interim stop order by the European Court of Human Rights, which wants the government to answer by 30 July why the asylum claims of some 45 migrants were not evaluated before being deported to Libya,

"We stood up to be counted. I am ready to carry the responsibility personally and whoever makes different decisions should also carry full responsibility," Muscat said as he addressed the House before being alerted that the ECHR order had been formally received.

Insisting that his government would respect the rule of law, Muscat said that he gave instructions to ensure that all options are explored and all preparations for whatever decision is taken were underway.

In an attempt to justify the government's decision to "explore all options, including sending back migrants to Libya," Muscat said that during the last 40 hours, over 1,000 persons attempted to gain access to Europe by sea from North Africa.

Insisting that the situation in the Mediterranean was not being addressed with the necessary urgency by the international community, Muscat said the government was not bluffing. "We are weighing all options available, which are all legitimate to protect the national interest."

Muscat also revealed that the Libyan government had accepted the pushback, which was to take place using two Air Malta flights carrying two police officers for each migrant, transporting them to Mitiga airport.

The prime minister yesterday also claimed his action had achieved success after European Commissioner Cecilia Malmström said that the EU would be looking into giving Malta assistance to take up the asylum burden.

"I would like to stress that according to EU and international obligations, all people arriving in the EU territory are entitled to file an asylum request and to have a proper assessment of their situation. Any return operation has to respect in full these obligations and in particular the principle of non-refoulement inscribed in the EU law and in the International Conventions," Malmström said.

Home Affairs minister Manuel Mallia was seated next to a nervous Muscat all throughout yesterday's sitting. "If the government does not make it clear that we mean business we will remain pushovers... there is nothing particular about asking the EU Member States to show solidarity."

'Not in my name'

Opposition leader Simon Busuttil gave a strong speech in the House yesterday as he described the government's decision to seriously consider the pushback "incredible, shocking and unacceptable."

He condemned the government's decision as a politically, ethical and legally objectionable decision, and asked under which conditions were the asylum seekers being deported, and what agreement had been reached with the Libyan authorities.

He gave much weight to the Hirsi judgement by the European Court of Human Rights, and asked Muscat how he could take such a decision and sleep at night, in the knowledge of the illegality of the pushback.

Busuttil warned that if Muscat wanted to go ahead with such illegal actions, it would "not be in our name," adding that the Prime Minister would have to carry the responsibilities of such an "inhumane" action. "Such a decision does not only work against the country's interest but it would tarnish the country's reputation in Europe."

Busuttil also asked what would the Prime Minister's reply to the NGOs calling on the government to rethink its decision to send the migrants back to Libya.

"We will not be accomplices with the government which is intent on breaking international law, disregards human rights and tarnishes  Malta's reputation," Busuttil said.

"I ask what kind of negations the government had with the EU before pressing the panic button? I ask how many times did the minister discuss the issue at EU level in the last four months?" Busuttil said, insisting that the Opposition was ready to stand by the government in its negotiations with the EU and neighbouring countries as long as the international law was respected.

"What guarantee do you have that this government will treat you humanely, protect your rights and your dignity when it does not do the same with other human beings?"

Muscat lashes out at Opposition

In a debate which also saw former prime minister Lawrence Gonzi weighing in, where he accused Muscat of having floundered at the first decision that demanded a humanitarian response, Muscat replied to Opposition MPs by saying that he was defending the "national interest" and standing his ground.

He attacked the Opposition and leader Simon Busuttil over their "inconsistency" on asylum and migration, citing the 2002 forcible repatriation of Eritreans back to their home country, which then became the subject of an Amnesty International report on the torture they were submitted to upon returning home.

Muscat also accused Busuttil of having penned articles where he argued in favour of pushbacks.

Defending his stand, Muscat said: "It's a clear signal that I am consistent in my values and ideas which I hold with pride."

"What are we being accused of this evening? Why have we faced a political firing squad tonight? The only thing we can be accused of is that of not giving in and accepting everything."

Muscat told the House Malta's reputation had not been tarnished because the EU knew that the island was no pushover. "Malta means business," Muscat said, rebutting Busuttil's comment that Muscat had been 'condemned' by a statement by the European Commission. "This is no a fatwah... we live in a world where we make arguments."

He added that the government was only exploring all possible options and pointed out that home affairs minister Manuel Mallia abstained in a European council meeting last week over a vote on migration because the policy did not go far enough.

Arguing that EU leaders were against compulsory burden sharing, "which European leaders believe would attract more migrants to Malta and Europe," Muscat said the EU should look at cooperating with Libya and other North African countries to address the problems in the region.

The Prime Minister concluded his address by claiming that while Malta would respect the law, it would not be bullied into accepting everything.