Voucher plan for asylum seekers may face challenge under EU lawA VOUCHER scheme for asylum seekers, proposed by Justice Minister John O’Donoghue, may be challenged under EU law. Green MEP Patricia McKenna last night called on the Minister to withdraw the plan to introduce the scheme as an alternative to social welfare cash payments for asylum seekers. The move would be in breach of a new council directive protecting victims of discrimination, including asylum seekers and refugees, on the basis of ethnic or racial origin. “The new directive, which will be implemented by December 2002 by all member States, offers the highest level of protection to victims of direct and indirect discrimination for racial reasons with regards to access to employment, education, access to grants, social protection and social security,” said Ms McKenna. The voucher scheme would be totally inefficient and inhumane. “It is yet another hostile measure pandering to the racist elements of our society and as such it is unacceptable. In fact, under the terms of this new directive, recipients of social welfare vouchers could take the Government to the European Court of Justice for discriminatory treatment,” she added. The new legislative proposals acknowledged collective action which would allow associations, organisations and other legal entities to bring action against unequal treatment. “This means that a company can be brought before the courts because it discriminates against third country nationals in its provision of social security payments, as would be the case with the voucher scheme. “Even if individual victims were afraid to seek redress, an NGO could take the legal action on their behalf,” said Ms McKenna. The new directive also reversed the burden of proof in civil race discrimination cases from complainant to respondent. “The onus will be on the accused to prove their innocence, once the complainant has clearly established facts from which a court or tribunal can presume discrimination.” The long awaited directive was approved by a large proportion of MEPs.“Britain will be the only EU member state to resort to such a highly discriminatory measure, and it is likely that a legal challenge would also outlaw such a measure there. “We need to focus on preparing a comprehensive immigration plan, not on more knee jerk reactionary proposals which are clearly badly thought out,” said Ms McKenna. 
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