HL Deb 26 July 2000 vol 616 cc554-5

(" . After subsection (7) of section 41 of the Road Traffic Act 1988 there shall be inserted—

"(8) Regulations made under this section shall provide that vehicles licensed under section 3(5A) of the Goods Vehicles (Licensing of Operators) Act 1995 (international operations) shall be fitted with convenient means of access for inspection of the roof of the vehicle, in order to comply with the code of practice prescribed by section 33 of the Immigration and Asylum Act 1999."").

The noble Earl said: Section 33 of the Immigration and Asylum Act 1999 provides for a £2,000 fixed fine for each illegal immigrant carried into the country. That is grossly unfair and I cannot see how it complies with the European Convention on Human Rights. We shall find out whether or not it does in October.

The Committee will be aware that there is a defence if the haulier or driver has complied with the code of practice under the Act. Unfortunately, in order to comply with it, it is necessary to examine the roof of the vehicle. It would not be safe to do so single-handedly with a ladder. It will therefore be necessary to have built into all trailers used for international operations suitable access to the roof. That is the purpose of my amendment. I shall be interested to hear the Minister's response. I beg to move.

11 p.m.

Lord McIntosh of Haringey

The noble Earl's amendment seeks to address a serious problem. It is certainly true that the issue of illegal immigration has become especially serious, in particular after the deaths of 58 would-be immigrants. That was a terrible business.

The intention behind the amendment is to ensure that the drivers of all UK-registered lorries travelling internationally have a means of checking the roof. The noble Earl has pointed out that, under the provisions of the Immigration and Asylum Act, drivers have an obligation to ensure that they are not carrying illegal immigrants. They can discharge that obligation by following the code of practice laid down under the Act.

How that is done is a matter for the drivers, but I take entirely the point made by the noble Earl about the relevance of inspecting the roof. Illegal entry could be made through the roof of a lorry—but not of all lorries, such as container lorries. However, I do not believe that the amendment would deal with the problem. Other measures are being undertaken that may help to ease the situation.

The Calais Chamber of Commerce has announced a number of measures to improve security at the port, including security fencing, CCTV, the employment of a private security company to guard the outer perimeter and the introduction of electronically controlled access to the restricted access lorry park. Two companies are actively involved in plans to establish commercial search facilities in and around the port of Calais. We are ready to move to do what we can to facilitate discussions with the French if that becomes necessary.

The difficulty about the amendment is one of practicality. For example, on a skeletal semi-trailer, if it is used to carry containers, there is nowhere to position a ladder. On some semi-trailers, fixing a ladder to the side or to the rear would take the trailer beyond the maximum permitted dimensions and thus could be dangerous to other traffic. Furthermore, space at the front of a lorry is often limited.

For practical reasons and because of other solutions being sought that may be more effective, I invite the noble Earl not to press his amendment.

Earl Attlee

I am grateful for the serious response given by the Minister. I have yet to decide whether I shall table another amendment to deal with the same issue. In the meantime, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Earl Attlee moved Amendment No. 416E:

After Clause 256, insert the following new clause—