1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156 
Commercial Motor
Page 9
If you've noticed an error in this article please click here to report it so we can fix it.
The Right Hon David Blunkett MP Secretary of State for the Home Department The Home Office 50 Queen Anne's Gate London SWII-1 9AT January 2003 Dear Home Secretary, We—along with Commercial Motor—welcome the Home Office's decision to drop its attempts to collect the fr2million of unpaid fixed rate fines previously imposed on international operators found with stowaways on their vehicles when entering the UK.
Along with all law-abiding operators, we have long-argued that most hauliers caught with illegal immigrants in their vehicles are hapless victims of a much wider problem. The solution to that problem, in the short-term, has always been tougher security on the French side of the Channel and, in parallel with that provision, the closure of the Sangatte refugee centre.
Without full commitment and co-operation from the French and British authorities and Channel port operators to provide comprehensive, pre-departure vehicle checks on goods vehicles before they leave the Continent, then the problem of stowaways cannot and will not be resolved.
Surely the Home Office's decision to abandon attempts to collect the outstanding i12m of fines presents an undeniable precedent? Namely, that if it is now right NOT to pursue innocent operators for being caught with stowaways, then those operators who have been fined in the past, and have paid such fines, must now be entitled to a full refund.
Like you, we deplore the activities of a small minority of international operators and HGV drivers who have deliberately smuggled illegal immigrants into the UK for financial gain. In such cases, we would expect the law to be enforced vigorously with regard to their detection and prosecution. However, it must be accepted that the vast majority of UK-based international hauliers have been unwitting 'carriers' of stowaways–despite conducting what checks that can realistically be made–due to the less-than-comprehensive security in Continental ports and nearby truckstops.
And, while we would expect each case to be examined on its merits in order to ensure there has been no connivance with the traffickers of illegal immigrants, in those cases where UK operators have taken all possible steps to prevent stowaways gaining access to their vehicles, then they must be considered innocent of any deliberate involvement in the event that they are subsequently found to have them on board. And on that basis, fines are not only inappropriate but totally unjust.
According to figures from the Freight Transport Association, the level of stowaway fines paid to date by international operators is L2million. In light of the Home Office's decision not to pursue the collection of the outstanding f12M penalty fines, it now seems only right to expect the majority of that Lam to be repaid to those British operators who are innocent of any crime.
Surely it is time to give them back their money, and instead concentrate the fill weight of the law onto those who deliberately smuggle illegal immigrants into the UK.