I thank noble Lords for their questions. I have written them down and will try to answer them in no particular order. I start mainly by addressing the question from the noble
Lord, Lord Berkeley, about immigration officers being immigration officers and transport operators being transport operators. No operator is required to take any immigration decisions. The information is to enable Border Force to take better immigration decisions. On the European Commission proposal, these are not passengers that the carrier would actually know about, so the regulations have no bearing on that issue. In terms of Ireland, there is no application to land transport by road or rail. In terms of what we mean by schedule, schedule is the service that the truck travels on and not the truck itself.
Getting on to questions from other noble Lords. First, I was asked why the sunset clause is being removed. It was standard practice at the time that a sunset clause was added to the Passenger, Crew and Service Information (Civil Penalties) Regulations 2015. That sunset is on 31 March, and needs to be addressed to ensure that regulations do not cease to have effect. Noble Lords will remember that that was the sort of bonfire of regulations time. I think now is the time when we can say that this system is working, and I will go through why. The approach has been taken to remove the sunset clause. It will preserve that deterrent effect that I talked about earlier of the civil penalty regime which, alongside the passenger, crew and service information requirements, is now a permanent and ongoing element of the UK’s border security arrangements and has been for a considerable time.
The noble Baroness, Lady Randerson, and the noble Lord, Lord Ponsonby, asked about the legislation and its effectiveness. It will be subject to ongoing review to ensure its continued utility. The noble Baroness, Lady Randerson, and, I think, the noble Lord, Lord Ponsonby, as well, asked why the Channel Tunnel was not included back in 2015. I think that was because the emphasis was on the operation of juxtaposed controls. Those controls are maintained, but advanced information enables better targeting of those individuals requiring close examination.
On delays, the noble Baroness, Lady Randerson, talked about how in practice this is preparing the way to progress towards the operation of more effective controls, on the basis of knowing in advance who is travelling. It will support the operation of the Government’s future border and universal permission to travel plan.
The noble Lord, Lord Ponsonby, asked about the civil penalty regime. Border Force takes a collaborative approach to engagement with carriers to secure their compliance with requirements to supply passenger, crew and service information. To address non-compliance, the imposition of civil penalties is very much a last resort. The threat of financial penalties through the service of notice of potential liability has had the quite dramatic effect of addressing and resolving instances and issues of non-compliance.
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Clear guidance has been drafted and is used by Border Force’s carrier engagement and data acquisition team when engaging with carriers on issues of non-compliance. Civil penalty guidance has been drafted for rail operators and will be shared with them when
the statutory instrument enters into force. The carrier is invited to give an account of what happened and why the breach occurred and to offer any mitigating circumstances. Their representations would be considered, and a suitable level of penalty would be determined based on the civil penalty calculator which is in the guidance. The penalty is up to £10,000 in respect of each flight, voyage or service where the carrier is non-compliant. As I said earlier—the noble Lord, Lord Ponsonby, and the noble Baroness, Lady Randerson, asked about this—no carrier has been given that penalty notice. There have been fewer than 10 instances where formal enforcement action for non-compliance has been initiated and carriers have been served with notices of potential liability, which is one step short of the penalty notice. In all cases so far, this has been sufficient to secure carrier compliance, meaning that penalties have not been required. Collaborative engagement with carriers has addressed non-compliance and secured and maintained compliance. I hope that that is a satisfactory answer to the question asked by the noble Lord, Lord Ponsonby, about what collaboration looks like.
On the application of the financial penalty, I understand that the idea of imposing civil penalties on carriers might be of concern—the noble Lord, Lord Berkeley, was concerned about that—particularly at a time when carriers are struggling financially. While the regulations set out that a financial penalty of up to £10,000 may be applied, as I have outlined, that collaboration has to date meant that none has been imposed.
I hope that I have answered all the questions—