§ Mr. MalinsTo ask the Secretary of State for the Home Department what his policy is in relation to the return of penalties paid by road hauliers for carrying illegal immigrants; what his policy is concerning unpaid penalties; and if he will make a statement. [91110]
§ Beverley HughesThe Government's position on the reimbursement of penalties paid under the previous civil penalty regime is clear. We are under no obligation to return any of the money paid against penalties imposed in cases which were not party to the Roth litigation. The previous legislation was not found to be unlawful. Theoretically, unpaid penalties could have been enforced but, in the light of the Court of Appeal's findings in Roth, we considered it appropriate not to take enforcement action in respect of outstanding penalties.