Reform of the Clandestine Entrant Civil Penalty Scheme

Monday 16th January 2023 Written Statements

[The Minister for Immigration (Robert Jenrick)]

This Government are determined to crack down on illegal migration, to dismantle the organised criminal gangs behind it and to keep our borders safe and secure.

For over 20 years, we have run a scheme to help us to do just this, the clandestine entrant civil penalty scheme. The scheme is designed to complement law enforcement activity against criminals. It does this through tackling negligence by people who are not criminals but whose carelessness nonetheless means that they are responsible for a clandestine entrant gaining access to a vehicle.

During the financial year 2020-21, there were 3,145 incidents where clandestine entrants were detected concealed in vehicles, despite the covid-19 pandemic causing a lower volume of traffic. This rose to 3,838 incidents during the financial year 2021-22.

The Government are therefore concerned that the scheme is not having enough of an effect. Existing penalty levels have not changed since 2002. Drivers and other responsible persons are not taking the steps required to secure their vehicles, and clandestine entrants are continuing to use these routes to come to the UK.

The Government committed to reform the scheme in 2021, running a consultation in the summer of 2022. We are today publishing our response to that consultation, setting out plans to deliver what will be the first overhaul of the scheme since 2002.

Our reforms, including new penalty levels, have been designed to strike a better balance between disincentivising negligence and failures to comply with vehicle security standards, while ensuring that the regime is not overly burdensome on industry.

We will now be commencing relevant parts of the Nationality and Borders Act 2022 and further commencing relevant parts of the Immigration and Asylum Act 1999 and the Nationality, Immigration and Asylum Act 2002. We are also laying a statutory instrument to set out new security standards for all vehicles and to establish new maximum penalty levels. We are laying a new statutory code of practice to set out the circumstances in which a person might be eligible for a reduction in the level of their penalty. We are in addition publishing an economic note and an equality impact assessment.

It is our intention, subject to the will of Parliament, for these reforms to take effect on Monday 13 February 2023. Between now and then, we will deliver a four-week period of engagement with drivers and industry, to make sure they know about the changes that are coming and to support compliance.

The Government are committed to working with individuals and companies to support growth while delivering a strong and effective border. These reforms will help us to do just that.

A copy of the consultation response and the economic note will be placed in the Libraries of both Houses.

We are publishing further information at:

https://www.gov.uk/government/publications/clandestine-entrant-civil-penalty-scheme

[HCWS497]