There's so much happening in the business world that its
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a good idea for hauliers to step back now and again, and take aced look at relevant issues In depth. Thanks to our colleagues at Tolley Publishing, we do just that every month with this bulletin. We feel the title says It all_ • Asylum seekers, stowaways, illegal immigrants, clandestine entrants—it matters little what you call them: if they are found aboard a vehicle entering the UK the driver and/or operator (both may be held liable under the law) are automatically clobbered with a "civil penalty" (not a fine) off2,000 for each per son. And if you think that's tough, bear in mind that there is no statutory right of appeal—and if the penalty is not paid the truck and its load will be impounded.
With 6,0 oo or more "illegals" entering the country every month, this is a massive problem. Innocent truck drivers and opera tors not only face these crippling financial penalties; they also risk serious personal injury when they flush out the stowaways and could suffer unsavoury contamination of vehicles and loads.
If there is even a glimmer of relief for operators, it is in the steps that have been established whereby they can, to a degree,
protect themselves. These range from fitting baby alarm-type devices to CO2 testing and
X-ray scanning. But still the main method is the physical check inside the vehicle, although a driver should not attempt this single-handedly. It is clearly preferable if such checks can be carried out by an independent authority which will verify the fact in writing; Calais Chamber of Commerce provides such a service.
Prevention is better than cure, so it is important for drivers to follow guidelines laid down by the RHA and FTA and, most impor tant, the advice of the Home Office itself, which offers a defence to the imposition of
the 12,000 penalty under section 34(3) of the Immigration and Asylum Act is. A driver can offer a defence if he can show:
• He did not know and had no reasonable grounds for suspecting that a clandestine entrant was, or might be, concealed in the transporter; • There was an effective system in operation in relation to the transporter to prevent the carriage of clandestine entrants; • On the occasion concerned, the person or persons responsible for operating that system did so properly.
The Home Office Civil Penalty Code of Practice (which can be downloaded from the
Home Office's web site at www.homeof fice.gov.uk) sets out the measures to be taken and the procedures to be followed by persons operating a system for preventing
the carriage of clandestine entrants to the U1 in road vehicles".
The RHA code advises drivers: • Never leave ignition keys in the vehicle lock the cab doors and secure the loadspao whenever the vehicle is unattended;
• Avoid routine stops for papers, cigarette and so on, particularly within rookrn of th, Channel ports;
• Always dose the windows when leavinj the vehicle; • If sleeping in the vehicle, lock all doors am block access to the rear doors by parkinj against a wall or other barrier; • Always be on the lookout for bogus off dais or staff; • Never leave the vehicle's keys hidden fo a relief driver; • Never leave the vehicle in someone else' care on arrival at your destination, and loc.' out for and report any security defects sud as faulty locks or straps; • Use pre-planned secure overnight parkin wherever possible; • Try to keep the vehicle in sight when leal ing it unattended; • Make sure that the vehicle is correctl loaded; • Consider varying the route or schedule ; making the same journey frequently; • Report any irregularity of loading, sealin or documentation;
• Never accept any unsolicited offers c assistance;
• Avoid talking about your routes ow the radio; • When returning to a vehicle, check for silt pidous vehicles or people nearby and, if wo: red, note descriptions, registrations nun hers and other details; • Look for signs of tampering with door; straps, curtains and so on after every stop; • Report to base when arriving at an unoca pied site, or when any potentially suspiciou activity is seen; • If uncomfortable about opening the veh de for potentially bogus authorities, ask ft their details so these can be checked an offer to open the vehicle at the neare police station.
In addition, before boarding UK-boun ferries (or the freight shuttle) drivers shoul make careful visual checks of the exterior vehicles to detect signs of tampering with if security cable, locks and seals, and examir any repaired slits in side curtains to dete mine whether they are new and large enoug to allow a person to enter. They should als look underneath the vehicle and trailer.
These checks backed up, where possibl with a CO2 check, should be recorded i detail, and signed for as proof that all re sonable steps have been taken to prevei the entry of stowaways.
And a final warning: it is far better I turn in any stowaways found in vehicle despite the onerous civil penaltit involved, because facilitating their entry a serious criminal offence under tl Immigration Act 1971 s25, carrying a ma irnum prison sentence of ro years.
mby David Lowe
HEALTH & SAFETY
Workplace injuries
A report has been published on the Internet by the Health and Safety Executive (H SE) in partnership with the University of Warwick, examining workplace injury rates. An Analysis of Temporal and National Variations in Reported Workplace Injury Rates is concerned with injury reports made under the Reporting of Injury, Diseases and Dangerous Occurrences Regulations (R1000R) 1995 (SI 1995/3163) and questions in the Labour Force Survey.
The report is available online at www.hse.gpv.uk/hsestats/ierpdf.
EMPLOYMENT Discrimination Directive The EU has agreed with the government about a Directive that will ban discrimination in the workplace on the grounds of an employee's age, disability, religion or sexual orientation. Before an agreement was reached, the government ensured that the following employment provisions would be covered: • The disability provisions fall in line with the Disability Discrimination Act 1995; • Age provisions are clarified, with exemptions for occupational pensions.
TIGER site
The Department of Trade and Industry has unveiled an interactive web site designed to help workers and employers find out how the minimum wage applies to them. The web site, TIGER—Tailored Interactive Guidance on Employment Rights—allows users to follow a decision tree, answering questions about their own circumstances_ Ready reckoners can be used to calculate hourly rates, taking into account any special circumstances.
The web site can be found at www.tiger.gov.uk, or contact the National Minimum Wage Helpline on 0845 6000 678.
Option gains
Regulations have been laid before Parliament to help companies which grant share options to employees but which experience volatile share prices. Employers can now seek approval from the Inland Revenue to make an election with employees which transfers the liability for employer's National Insurance Contributions from the employer to the employee.
Employers and employees can make an election in relation to an unapproved share option—providing no gain has arisen— granted on or after 6 April 5999.
Income Tax (Subcontractors in the Construction and Employments) (Amendment) Regulations 2000 (SI 2000/2742) (which includes minor alterations); Social Security (Contributions) (Amendment No to) Regulations z000 (SI 2000/2744); and Social Security (Contributions) (Amendment No io) (Northern Ireland) Regulations zoo o (SI 2000/2743) will all be available soon from the Stationery Office.
COMPANY Employee surveillance
The Lawful Business Practice Regulations, which came into effect on 24 October, set out the conditions for businesses wishing to moni
tor employees's phone calls and e-mails. This can be dope without consent when: • Recording evidence of transactions; • Ensuring compliance with regulatory or selfregulatory rules; • Monitoring standards of service or training; • Combating crime and unauthorised system use; • Gaining routine access to business communications; and
• Maintaining effective systems operations. Details are available on www.dtigov.uk/cii/lbpintro.htm, or see CM 16-22 Nov.
Company law
The DTI has published a consultation document from the Company Law Review Steering Group. Registration of Company Charges looks at the history of company charges (for goods. debts, retention of title, shares and negative pledges). with particular attention to reform proposals made in the past, before offering alternative ways of improving or developing the present system.
Copies can be obtained from the DTI orderline, on 0870 150 2500 (reference URN 00/1213), or from the DTI's web site at wwwdti.gov.uk/c1d/review.htm.
Comments on the document are due by 5 January 2ocn: they should be sent to Edwin James, Secretary, Company Law Review, Room 505, t Victoria Street, London SWili oET; e-mail, edwiniamesadti.gov.uk.
Export initiative
Trade Partners UK's Market Explorer programme will allow UK companies to bid for a place on one of 14 trade visits in the first half of 2001, targeting France, Germany and Spain. The initiative aims to help British companies expand their business horizons and develop long-term international markets.
Companies wishing to take part must: • Be based in the UK; • Be eligible for export assistance;
• Conform to the EU definition of a small/medium enterprise with a turnover not exceeding 28m;
• Export not less than 5% of turnover; • Be new to the market.
Companies who want a place on one of the visits should contact their local international trade directors or Business Link Centres.
Killing refomi
The Institute of Directors has issued a response to the Home Office consultation Reforming the Law on Involuntary Manslaughter: the Government's Proposals, which is in broad agreement with the proposal to introduce a crime of corporate killing. However, it did express reservations about some of the other proposals.
The loD disagreed with the introduction of a 'proposed third offence" in which the defendant's intention was to cause only minor injury, but where death was caused by an unforeseeable event. The loD also expressed concern about the proposal to prosecute any individual who could be shown to have had some influence on, or responsibility for, the 'management failures" leading to death, fearing that it would lead to a blame culture of scapegoating and even cover-up.