THE British Government came under pressure not to use its “opt-out” on asylum policies yesterday as European Union leaders agreed an ambitious five-year programme to develop a common European immigration and justice policy.

Tony Blair and his counterparts in the other 24 EU countries agreed to give up their national vetoes on asylum and illegal immigration policies to accelerate the creation of a new body of EU law, which will be developed by the European Commission in Brussels and upheld by the European Court of Justice in Luxembourg.

A statement agreed by EU leaders after a two-day meeting stated: “Freedom, justice, control at the external borders, internal security and the prevention of terrorism should henceforth be considered indivisible within the Union as a whole.”

The “Hague programme” to make the EU an area of common “freedom, justice and security” includes many new policies, including a common European asylum system, a common repatriation policy for illegal immigrants, an EU diplomatic corps, common issuing of visas, harmonisation of divorce and family laws to help to settle cross-border disputes, mutual recognition of court judgments, complete sharing of police information, and a European criminal record. Until now, the EU had only limited competence in those areas. Caroline Flint, the Home Office Minister, insisted: “There is a very solid case to be made for EU co-operation. Criminals or those who want to abuse our asylum system don’t recognise national borders. We have to work together.”

When The Times disclosed last month that Britain was giving up its veto on asylum and illegal immigration, a political row erupted. The Conservatives accused the Government of surrendering control of Britain’s borders. Mr Blair retorted that Britain would retain an opt-out allowing it to avoid policies it does not like, so Britain had the “ best of both worlds”.

Jan-Peter Balkenende, the Dutch Prime Minister who holds the EU’s rotating presidency, made clear yesterday that a common European asylum system would be created by 2010, and put pressure on Britain not to undermine it by opting out.

Implicitly backing the Conservative claims that Britain will come under pressure to comply, he said: “It is important that there is one reality as far as asylum and immigration is concerned. We are stressing the importance of following the same line. That is the message to the UK.”

Asylum and illegal immigration have been one of the most contentious issues in Britain in recent years. But if the Government now decides to adopt new EU asylum policies, it can do so in agreement with other countries without having to push new laws through Parliament.

The common asylum policy will include common procedures and standards, with co-operation on processing applications in a new European asylum centre, and the possible establishment of EU asylum camps in North African and other transit countries.

A common repatriation policy will be developed for illegal immigrants. An EU “white list” will be developed of countries deemed safe for the return of asylum-seekers. The EU will develop a common integration policy to ensure that legal immigrants become part of their host community, including anti-discrimination policies and the requirement to learn the national language.

A new EU diplomatic service will process visa applications from non-EU citizens.

A European border guard will be set up, providing a rapid reaction force for countries unable to protect their frontiers from a sudden influx of illegal immigrants.

The Hague programme also includes measures to create a “European Area of Justice” to combat crime, with mutual recognition of court judgments. Police forces will be required to share all information.

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