Stowaway fines for hauliers scrapped

Drivers must take steps to prevent carrying stowaways

Fines of £12 million due to be paid by lorry drivers who unwittingly brought illegal immigrants into the UK are to be scrapped.

The Home Office has dropped plans for penalties for hauliers who have not taken reasonable care to avoid picking up the stowaways.

The decision was welcomed by the Freight Transport Association (FTA) as "common sense and inevitable".

This is a common sense and inevitable decision by the Home Office

Richard Turner
Hauliers

But chief executive Richard Turner said they would continue to fight the government's decision to keep £2 million in fines which have already been paid.

"The Home Office has told us that those who have paid have 'accepted liability'.

"Failure to return these fines is cynical and inconsistent with the common sense and goodwill shown in waiving enforcement of those that are outstanding.

"The FTA will be seeking to review this decision."

Human rights

Under the scheme drivers and freight operators faced a £2,000 fine for each stowaway discovered in their vehicles.

But in December last year, the High Court ruled it was partly incompatible with human rights law.

And in February this year, that ruling was backed by the Court of Appeal.

A new system came into force on Sunday which makes the fine variable up to a £2,000 maximum and gives operators the chance to show they took reasonable precautions to stop illegal immigrants getting on board.

The civil penalty was not and is not about making money

Home Office

The maximum combined penalty per illegal entrant will be £4,000.

Earlier in the week, Home Office Minister Beverley Hughes said the penalty system was about "prevention - not punishment".

"The penalty system is a crucially important border control tool, and has been extremely successful in reducing the number of illegal immigrants smuggled into the UK hidden in lorries or other transporters," she said.

On Thursday, a Home Office spokeswoman said: "The civil penalty was not and is not about making money - it's about stopping clandestines being brought into the country.

"We could have taken action through the courts to enforce the payments but it would have been a lengthy and potentially costly process.

"When the penalties have been paid and they have accepted liability then it is appropriate for us to keep the money."