HL Deb 16 June 2000 vol 613 cc217-8WA
Earl Attlee

asked Her Majesty's Government:

What was the rank or grade of the civil servant who, on behalf of the Secretary of State:

  1. (a) considered the appeal reference CPCAU/070 against the imposition of an £8,000 fine in respect of four clandestine immigrants found on a commercial vehicle at Dover on 27 April; and
  2. (b) signed the letter of rejection of that appeal. [HL2744]

Lord Bassam of Brighton

The Civil Penalty Central Administration Unit (CPCAU) was established to administer the civil penalty provisions introduced by the Immigration and Asylum Act 1999. The unit's functions include reviewing penalties imposed at ports of entry and considering notices of objection against such penalties allowed for by the legislation. As in all cases where objections are made, consideration of the notice of objection in case reference CPCAU/070 was undertaken jointly within the unit by a team of immigration officers and chief immigration officers, with an Immigration Inspector making the final decision and signing the letter notifying that decision. An Assistant Director of the Immigration Service has overall charge of the unit and is responsible for ensuring that objections are considered fairly and impartially, and that decisions are consistent.

Earl Attlee

asked Her Majesty's Government:

Whether the civil servants who, on behalf of the Secretary of State:

  1. (a) considered the appeal reference CPCAU/070 against the imposition of an £8,000 fine in respect of four clandestine immigrants found on a commercial vehicle at Dover on 27 April; and
  2. (b) signed the letter of rejection of that appeal; had any legal training or qualifications. [HL2745]

Lord Bassam of Brighton

The Civil Penalty Central Administration Unit (CPCAU) was established to administer the civil penalty provisions introduced by the Immigration and Asylum Act 1999. The unit's functions include reviewing penalties imposed at ports of entry and considering notices of objection against such penalties as allowed by the legislation. Consideration of the notice of objection in case reference CPCAU/070 was undertaken, as in all cases where objections are made, jointly within the unit by a team of immigration officers and chief immigration officers, with an Immigration Inspector making the final decision and signing the letter notifying that decision. An Assistant Director of the Immigration Service has overall charge of the unit and is responsible for ensuring that objections are considered fairly and impartially, and that decisions are consistent.

There is no requirement for staff within the CPCAU to have legal training or qualifications. Objections are considered on the individual facts of the case, taking account of any argument that may be put forward to show why a person served with a penalty may not be liable. If it is required, legal advice may be sought from Home Office Legal Advisers and the Treasury Solicitor.

Earl Attlee

asked Her Majesty's Government:

How many days' relevant training were undertaken by the civil servants who, on behalf of the Secretary of State:

  1. (a) considered the appeal reference CPCAU/070 against the imposition of an £8,000 fine iii respect of four clandestine immigrants found on a commercial vehicle at Dover on 27 April; and
  2. (b) signed the letter of rejection of that appeal. [HL2746]

Lord Bassam of Brighton

The Civil Penalty Central Administration Unit (CPCAU) was established to administer the civil penalty provisions introduced by the Immigration and Asylum Act 1999. The unit's functions include reviewing penalties imposed at ports of entry and considering notices of objection against such penalties as allowed by the legislation. Consideration of the notice of objection in case reference CPCAU/070 was undertaken, as in all cases where objections are made, jointly within the unit by a team of immigration officers and chief immigration officers, with an Immigration Inspector making the final decision and signing the letter notifying that decision. An Assistant Director of the Immigration Service has overall charge of the unit and is responsible for ensuring that objections are considered fairly and impartially, and that decisions are consistent.

All staff working at the CPCAU have received training appropriate to their role. The Immigration Inspector who signed the letter maintaining the penalty in case reference CPCAU/070 had received two days' training relating specifically to the civil penalty provisions of the Act.