HL Deb 27 June 2000 vol 614 cc66-7WA
Earl Attlee

asked Her Majesty's Government:

Whether the enforcement of payment of civil penalties by court proceedings under the Immigration and Asylum Act 1999 is by way of an appeal against the decisions of immigration officials [HL2949]

Lord Bassam of Brighton

Civil penalties under Section 32 of the Immigration and Asylum Act 1999 are enforced in court proceedings brought by the Secretary of State. Proceedings may only be brought where the prescribed period for payment has expired and any objections to payment have been considered by the Secretary of State under Section 35(8). The rules governing such envorcement proceedings will be the ordinary Rules of Court applicable to debt actions brought by the Crown. It will be open to the carrier to raise one of the statutory defences available under Section 34 of the Act.

Similarly, where a transporter is detained under Section 36 of the Act as a security for payment of the penalty, the sale of the transporter under Section 37 is subject to the procedure laid down in Schedule 1 to the Act and Statutory Instrument 2000/685. In particular, the sale requires the leave of the court, and before such leave can be granted the Secretary of State must prove that the penalty is due, that the penalty or any connected expenses have not been paid, and that the transporter is liable to sale. Notice of the proposed sale must be given to all interested persons, who may then become parties to the proceedings. Again, it will be open to the carrier to dispute liability by raising a defence under Section 34 of the Act. And the same defences will be available when the Secretary of State seeks to enforce any other security given in place of the transporter under Section 36(2)(b).

Earl Attlee

asked Her Majesty's Government:

Further to the Written Answer by Lord Bassam of Brighton on 16 June (WA 217), whether they will now say what was the rank of the civil servant who signed the rejection of appeal reference CPCAU/070. [HL2950]

Lord Bassam of Brighton

Further to the reply I gave to the noble Earl on 16 June (Official Report, col. WA 217), when a notice of objection against a penalty imposed under the civil penalty provisions of the Immigration and Asylum Act 1999 is rejected, the final decision is taken by an Inspector of Immigration, who signs the letter notifying that decision. It was an Inspector of Immigration who signed the letter in case reference CPCAU/070.