Checks raise Liberty query
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by Karen Miles • Lorry drivers questioned by Benefits Agency or immigration officers in next month's national roadside lorry check are being encouraged to report any grievances to Liberty.
Lawyers for the civil rights group say the legality of interrogating operators to find benefit fraudsters and illegal immigrant workers while on road safety checks is "extremely questionable". Liberty is inviting lorry drivers who are questioned to contact its legal helpline.
It does not object to police stopping lorries on safety grounds and Vehicle Inspectorate examiners checking them, but argues: "If drivers are being questioned by immigration and benefits officers, it seems possible road transport safety powers are being used for purposes other than road safety."
The Road Haulage Association says hauliers are unfairly targeted by the treatment.
Next month's all-day check— the 14th Operation Mermaid— will be carried out at 100 sites. Organiser PC Bob Nockalls says checks of 93,000 lorries on previous Operation Mermaids have improved road safety.
"We're looking for any offences but our prime objective is road safety," he says.
During last year's checks the Benefits Agency questioned 6,348 drivers, 392 of whom stopped claiming benefits saving £1.2m a year. But agency officers pulled out of a number of police checks four years ago
(CM 1 December 1994). A letter leaked then from the agency admitted: "We do not have powers to compel drivers to answer questions. It is quite possible ... that an action for damages against the Benefits Agency might result. These spot checks can only be described as 'fishing expeditions'."
Immigration officers are only empowered to search vehicles which have come from abroad. 17 Liberty's legal advice line: 0171 378 8659.