Lord Berkeleyasked Her Majesty's Government:
Since the Carriers Liability (Clandestine Entrants and Sale of Transporters) Regulations 2000 came into effect:
- (a) how many clandestine entrants have been detected;
- (b) what is the number and total value of penalties imposed;
- (c) what is the number and total value of penalties paid; and
- (d) how many appeals against the penalties are outstanding. [HL1438]
§ Lord Bassam of BrightonSince 3 April 2000 when the civil penalty provisions of the Immigration and Asylum Act 1999 were introduced, and as at 27 March 2001, a total of 4,650 clandestine entrants have been detected in road vehicles arriving in the United Kingdom. Eight hundred and thirty-four penalties with a combined value of £9,240,000, have been imposed, of which 102, with a total value of £854,000, have been paid in full. Agreement has been reached for the settlement by instalments of a further 53 penalties together valued at £596,000, of which part payment amounting to £155,000 has been received.
There are currently 210 notices of objection against the imposition of a penalty under consideration.
Lord Berkeleyasked Her Majesty's Government:
Since the Carriers Liability (Clandestine Entrants and Sale of Transporters) Regulations 2000 came into ef0fect, how many lorries have been impounded:
- (a) at the time of serving of the notice of liability to civil penalty; and
- (b) after loss of appeal. [HL1439]
§ Lord Bassam of BrightonSince 3 April 2000 when the civil penalty provisions of the Immigration and Asylum Act 1999 were introduced and as at 27 March 2001, a total of 209 vehicles have been detained. Of these, 152 have subsequently been released upon108WA payment of the penalty imposed or of a satisfactory alternative security.
In all cases, detention of the vehicle took place following the serving of the notice of liability to civil penalty.
Lord Berkeleyasked Her Majesty's Government:
Since the Carriers Liability (Clandestine Entrants and Sale of Transporters) Regulations 2000 came into effect, what criteria are used by the Chief Immigration Officer in deciding that a lorry should be impounded at the time of entry into the United Kingdom because "there is a significant risk that the penalty will not be paid & before the end of the prescribed period" (Immigration Service—Notice of Detention of Transporter). [HL1440]
§ Lord Bassam of BrightonThe civil penalty provisions of the Immigration and Asylum Act 1999, which were introduced on 3rd April 2000, provide that a relevant vehicle may be detained following the giving of a notice of liability to civil penalty.
The power to detain a vehicle may be exercised only if in the opinion of the senior officer concerned there is a significant risk that the penalty (or one or more of the penalties) will not be paid before the end of the prescribed period if the transporter is not detained. The Carriers' Liability (Clandestine Entrants and Sale of Transporters) Regulations 2000 prescribe the period in which payment must be made as being 60 days from the date of the giving of the notice of liability to civil penalty.
In determining whether or not it is appropriate to detain a vehicle, the senior officer will consider all factors that may indicate a significant risk that the penalty will not be paid within the prescribed period. These will include the amount of the penalty imposed, the financial standing of the company or individual involved, their willingness to pay and any history of late or non-payment of previous penalties they may have incurred. The senior officer will also take account of any alternative security that may be put forward.
Lord Berkeleyasked Her Majesty's Government:
Since the Carriers Liability (Clandestine Entrants and Sale of Transporters) Regulations 2000 came into effect, why they detained a lorry owned by Wood Flooring of Meare, Somerset, on 16 March at the time of serving of notice of liability to civil penalty when this operator is a regular user of cross-Channel transport services and has not previously been served with such a notice. [HL1441]
§ Lord Bassam of BrightonThe power to detain a vehicle following the giving of a notice of liability to civil penalty may be exercised only if the senior officer concerned is of the opinion that the penalty will not be paid before the end of the prescribed period of 60 days if the transporter is not detained.
It would not be right for me to comment on an individual case which may be the subject of ongoing civil penalty proceedings. In general, however, in forming an opinion the senior officer will take into 109WA account all factors that may indicate a significant risk that the penalty will not be paid within the time prescribed. These factors will include the amount of the penalty imposed, the financial standing of the company or individual involved, their willingness to pay and any history of late or non-payment of previous penalties. The fact that a company may not have previously incurred a penalty is not an indication in itself that a penalty imposed will be paid within the prescribed time.