JMW Solicitors’ Partner and Head of Commercial Road Transport Laura Hadzik is to contribute to an independent inspection of the Clandestine Entrants Civil Penalty Scheme. Laura has been asked by the Independent Chief Inspector of Borders and Immigration (ICIBI) to provide her views on the clandestine entrant civil penalty scheme, and its impact on international hauliers and coach operators, as part of an independent review of Border Force’s operation to deter and detect clandestine entrants.
Laura explained: “Currently, under the clandestine entrant civil penalty scheme, both driver and operator are liable to a penalty — and operators are responsible for payment of the driver’s penalty as well as their own. This translates into hefty penalties, including six-figure sums imposed on operators virtually daily.
“The recent Court of Appeal’s decision in the KLG Trucking case confirms that Border Force is correct to impose penalties in cases where operators have fully complied with the relevant regulations in relation to the securing and checking of vehicles. The ruling also means that there should be a strict application of the code in determining the level of penalties.
“What more can hauliers and coach operators do? For an industry already doing everything it can to prevent clandestine entrants gaining access to their vehicles, this question is frustratingly impossible to answer. This review is much needed and I look forward to making a meaningful contribution.”
The review forms part of an inspection by the ICIBI of the administration and effectiveness of the Clandestine Entrant Civil Penalty Scheme and Civil Penalty Accreditation Scheme. The call for evidence will remain open until 6 September 2024.
