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Stowaway fine victims will figbt on before the Lords
Page 6
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by Jennifer Ball A group of German hauliers is determined to take its fight against the UK govern
ment's controversial stowaway fines to the House of Lords—despite a bid by the Home Office to get the case dropped.
Gunter Zimmer, the lawyer representing the group, says the Home Office offered to withdraw the penalty notices and return his clients' impounded vehicles if they abandoned the case. But this offer is restricted to the claimants and would not benefit the many other hauliers hit with fines for carrying stowaways.
Zimmer's cheats believe that the only way to ensure the long-term future of
cross-harder trade is to fight for a change
in the Immigration and Asylum Act: they are now appealing to the House of Lords. "We do not understand why the government does not seek co-operation with the industry to find a practical solution," says Zimmer: "Not to appeal to the House of Lords would give away the last opportunity to fight for a fair regime for the British immigration problem."
The group's decision stems from a High Court ruling in December that that the £2,000-a-head stowaway fines breached human rights and European Union law, In February the government appealed against this decision. The Court of Appeal produced a judgement which allows it to continue to impose stowaway fines—but not to force hauliers to pay up. This has left many hauliers confused as to whether they will eventually have to pay the fines, or if they will be entitled to compensation for fines already paid.
Richard Turner, chief executive of the Freight Transport Association, says: "We very much regret that it has been necessary to pursue this case to this extent.
"It is totally wrong that drivers who find stowaways on board their vehicles should be immediately regarded as guilty and denied appeal. That is why it is so important for this case to be pursued as far as possible.
"The FTA has consistently seen this
problem as one requiring concerted actil by industry and government together, b regrettably they prefer litigation."
The Road Haulage Association says th: it also fully supports any action that w bring a sensible conclusion to an "out's geous" situation.
"We are aware that they have decith to appeal to the House of Lords. Howevr our position remains unchanged," says Home Office spokesperson.