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Cif breakthrough: Lib Dems back hauliers' port defence
Page 6
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• by Emma Penny Commercial Motor has scored a breakthrough in its campaign to have international operators fairly treated.
As CM excluweeks ago (CM 30
sively revealed two January-5 February), hauliers are still being pursued by the Home Office under new asylum rules when stowaways are found on their trucks—even though they have been through government scanners in Calais.
Bristol-based Westfield International was told that it couldn't prove it had been through the scanners after one of its trucks was found with two stowaways on board. However, company boss Bob Down= told CM that scanner operators refused to sign any form, so proof was impossible.
Now, after a CM briefing, Lib Dem Home Office spokesman Simon Hughes has written to the Home Office asking for a check confirmation system to be put in place. He adds that there was no assumption in the new legislation that a certificate would be required as part of a haulier's defence.
In his letter to Home Office Minister Beverley Hughes he says: "I believe there is some merit in implementing a system whereby a haulier is able to show officials that he has cleared customs and immigration checks successfully, and that this should act as a defence against being given a fine.
"Such a confirmation of checks could be done electronically or with a completed form. I believe it would be a fair way of rebalancing responsibility between the public authorities and the carriers."
• Our campaign for the Home Office to return the £2m paid by hauliers under its previous stowaway legislation is escalating. CM is joining a group including hauliers and the Road Haulage Association which is seeking legal advice on taking the matter to the European Court of Human Rights (ECH11).
The group is being set up by Jane George, of solicitors Rothera Dawson. She was Involved in the Roth trial which successfully challenged the Home Office's previous stowaway fine regime.
George believes hauliers seeking the return of their share of the £2m could take their case to the ECHR, but more research is needed. She is appealing for interested companies to contribute 1250-£300 towards the research; the barrister carrying out the work was also involved in the Roth case.
"We need to ensure there's a reasonable prospect of success, and we don't want the costs to outweigh the potential benefits."
1PZ; 0115 910 0600.