The scene has been set for a clash between the European Parliament and the Council of Ministers after a vote confirmed the EP’s position in favour of suspending EU asylum rules to help Malta and other southern member states.

The vote was taken on Monday by the Civil Liberties Committee, which represents Parliament in talks over the issue.

The rules, known as the Dublin II Regulation, put the responsibility for asylum seekers on the country via which they first enter the EU. Should these would-be immigrants then be discovered in another member state, this country has the power to transfer them back to the original country of entry.

As Malta is a periphery member state on the EU’s southern border, it argues the rules put a disproportionate burden on it. The island has been insisting for years the rules should be changed so other member states can share the burden in cases of sudden influxes of illegal immigrants or asylum seekers.

Following strong lobbying from Malta, two years ago the European Commission proposed to suspend the rules in cases of countries facing stiff migratory pressures. However, after a long wait, the Council two weeks ago moved to block the proposal, a decision greeted with dismay by Justice Minister Carm Mifsud Bonnici whose stand in Council was overruled.

However, the EP now seems set to come to Malta’s rescue by taking a diametrically opposed view to that of EU ministers and expressing strong support for suspending Dublin rules in cases of dire need.

Swedish MEP Cecilia Wikstrom, who moved the motion to confirm the EP’s negotiating position, said suspending Dublin transfers in the case of overwhelmed southern member states was one of the key planks for Parliament.

In order to become law, the proposed amendments would have to be approved in co-decision by both Parliament and member states. The Parliament, which had already voted in favour last year, will now be trying to force member states to change their stand in what is expected to be tough discussions.

Speaking following the unanimous vote on the resolution, Nationalist MEP Simon Busuttil, the European People’s Party’s coordinator in the Civil Liberties Committee, said the EP had given its full backing to countries like Malta over the issue.

“We took exception to the position of the Council of Ministers because it betrayed a total lack of solidarity. This is why we restated the European Parliament’s position. Our vote gives us a strong negotiating hand to deal with the Council and to get them to compromise. If this law is to be changed, then solidarity must be part of the equation,” Dr Busuttil said.

Although Malta has the support of other southern member states on the need for a change to the rules, other countries, including the UK, France and Germany, shot down the idea arguing a possible suspension would weaken the regulation.