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Proceeding contribution from Lord Lester of Herne Hill (Liberal Democrat) in the House of Lords on Wednesday, 11 January 2006. It occurred during Debate on bill and Committee proceeding on Immigration, Asylum and Nationality Bill 2005-06.


Immigration, Asylum and Nationality Bill

Before the Minister leaves the question of penalty, will she say whether the Secretary of State will be under an obligation to ensure that the amount of the penalty is proportionate? I see nothing in the Bill to impose such a duty on him. Will she give an undertaking that there will be a binding obligation on the Secretary of State, enforceable in law, to ensure that penalties are proportionate? I know that there is an appeals system and that the county court would be able to review these matters later, but my concern is that the poor old employer might become enmeshed in the need to appeal without a core obligation on the Secretary of State to impose proportionate penalties. It would be a misfortune if the employer had to appeal and persuade a county court judge that the penalty was disproportionate. That is an important question.


Secondary information

Type
Proceeding contribution
Reference
677 c121GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
Subjects
Children Codes of practice Appeals Asylum Deportation Dependants Employment Human rights Immigration controls Immigration Undocumented migrants Entry clearances National security Marriage Pay Public appointments Overseas students Migrant workers Refugees Torture Independent Monitor of Entry Clearance Refusals
Legislation
Immigration, Asylum and Nationality Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk