§ Earl Attlee
asked Her Majesty's Government:
At what point all cases that are similar to, but not included in, the Roth case, which concerned clandestine entrants and the civil penalty, will be concluded; and [HL108]
What is the total sum of civil penalties collected in cases that are similar to, but not included in, the Roth case, which concerned clandestine entrants and the civil penalty. [HL109]
§ Lord Filkin
TheRoth litigation, a legal challenge against the provisions contained in the Immigration and Asylum Act 1999 that allow penalties to be imposed on carriers for transporting clandestine entrants to the United Kingdom, was settled in October of this year. The settlement was between the 41WA Home Office and the litigants and sets no precedent for other cases where penalties have been imposed under the same regime.
The findings of the Court of Appeal in the Roth case have been addressed by amendments to the penalty regime in the Nationality, Immigration and Asylum Act 2002. These will take effect from 8 December 2002.
Since the regime was introduced in April 2000, liability has been accepted by a number of those on whom penalties have been imposed. Excluding the Roth litigants, penalties totalling approximately £1.9 million have been paid.
In the light of the Court of Appeal findings, the Home Office is currently considering how to deal with outstanding penalties imposed under the current regime. When a final decision is reached those affected will be notified.