‘Clandestines’ in UK-bound vehicles – RHA urging penalty reform to protect compliant operators

From Richard Smith, RHA Managing Director:

We're urging the Government to reform a penalty scheme which is seeing some transport operators and drivers unfairly penalised when 'clandestines' are found on vehicles.

There's widespread concern that the Clandestine Entrant Civil Penalty Scheme isn't wholly effective with operators being punished despite making all reasonable efforts to secure their vehicles. We've heard numerous examples of this from our members and across the industry.

We acknowledge that illegal entry into the UK continues to be a big issue for Government - boat crossings across the Channel makes the headlines but the scale and impact of people breaking into vehicles shouldn't be underestimated.

We recognise the role our industry plays in keeping the border secure, and support all reasonable measures to deter clandestine entrants as well as penalise those drivers and operators who aren't taking the necessary steps to secure their vehicles. However, as tactics and techniques for hiding on vehicles evolve, it is vital the scheme also evolves so operators and drivers are not unfairly punished.

We wrote to the Independent Chief Inspector for Borders and Immigration in September as part of a review into the scheme, but we still haven't heard any public response to that investigation.

We are calling for the following measures:

• A review of the Clandestine Entrant Civil Penalty Scheme and entry checklists in line with the evolving illegal immigration situation to ensure they are fit for purpose. This should account for the advanced methods used by organised criminals to conceal migrants entering vehicles.
• Improved training for Border Force officials on vehicle security to increase their understanding of the latest methods and techniques used by clandestine entrants.
• A clear declaration that drivers are not expected to personally deal with potential clandestine entrants on safety grounds, with additional guidance and publicity on the steps a driver should take in these circumstances.
• Clearer avenues for drivers to seek assistance from French authorities and UK Border officials to ensure no driver genuinely seeking assistance to deal with a clandestine entrant is punished.

On behalf of our members we'll continue to work with both the Border Force and the Home Office on improving border security and we're available to discuss this issue in greater detail as part of their inspection process.