Clandestine penalties report: invest to tighten borders against clandestine entrants, says RHA

This follows findings in a report into the Clandestine Entrant Civil Penalty Scheme (CECPS) which has seen many drivers and operators hit with huge fines despite making all reasonable efforts to ensure lorries are secure when entering the UK.

The Independent Chief Inspector of Borders and Immigration has recently published “An inspection of the Border Force operation to deter and detect clandestine entrants to the UK”.

The report found that the threat of clandestine entry at the juxtaposed ports remains high and unrelenting but Border Force and Clandestine Entrant Civil Penalty Team resources and capabilities are inadequate, with would-be clandestine entrants and people smugglers monitoring them ready to exploit operational weaknesses.

Projected numbers of staff needed to manage the recently expanded scheme underestimated the increase in workload; and despite recovering more than £10m in penalties the number of people administering the scheme has been cut.

There are further concerns with Border Force facing yet more cuts in staff and investment in tools and technology. Significant shortcomings in staff training also means staff cannot operate across all the roles required to police the border, with a particular backlog on “Public & Personal Safety Training". This means significant numbers of Border Force officers don’t have the necessary training to confront a clandestine entrant.

The RHA has also noted that the report identifies a massive disparity over how fines for drivers and operators are determined, with many staff unaware that they can exercise discretion to not issue penalties in appropriate circumstances. Officials have issued fines to drivers reporting clandestine entrants on board vehicles despite full compliance with security procedures and checklists, which leaves many feeling they are being punished for doing the right thing.

The legislation provides a clear discretion for Border Force not to impose a penalty; however, the Level of Penalty Code of Practice, which dictates how the level of penalty should be calculated, makes no reference, and provides no guidance on, the exercise of this discretion

Ashton Cull, RHA Senior Public Affairs lead said:

“This report follows years of drivers and operators being punished even when they’ve demonstrated that they’ve done everything reasonable to keep their trucks secure upon entering the UK.

“It's been clear to us that the scheme – which is well intentioned – is failing our industry in how it operates. We regularly hear of hauliers and drivers hit with disproportionate penalties and being caught up in an appeals process which is understaffed and not fit for purpose.

“Many people in our industry feel that the burden for protecting against clandestine entrants entering the country has been entirely passed to them. This report shows the Home Office is not doing what it can to properly staff and invest in Border Force and the CECPS, and exercise the level of discretion required. This needs to change and we hope this report will be the catalyst for that.

“We urge the Home Office to implement the recommendations from the inspection quickly and in full, and to ensure that Border Force and the CECPS has the investment in staffing, training and technology they need. This could ensure that drivers and operators finally have confidence that the process will treat them fairly.”

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