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Proceeding contribution from Lord Lyell of Markyate (Conservative) in the House of Lords on Tuesday, 7 February 2006. It occurred during Debate on bill on Immigration Asylum and Nationality Bill.


Immigration, Asylum and Nationality Bill

My Lords, in supporting my noble friend Lady Anelay’s amendment, I make the following points. This is a civil penalty. No doubt the Minister has told us, but I am sorry that I do not know how much she has in mind for it and what the maximum is. However, what the amendment suggests is reasonable. Once the Government have caught up with an employer thought to be employing those he should not be employing, it is likely that he will either be stopped by having it drawn to his attention or he will carry on regardless. The Government are keen on civil penalties. When one is acting as an enforcement authority, this method of enforcement provides a cumbersome form of appeal and places all the burdens on the defendant. One can justify that sometimes, but we are nudging up against what is reasonable. It is extremely important to remember that any prosecutor should act reasonably before enforcing. The amendment asks the Government to act reasonably. I hope that the Minister will take that point into account.


Secondary information

Type
Proceeding contribution
Reference
678 c559-60 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Children Disclosure of information Contracts Data protection Codes of practice Appeals Bail Asylum Detainees Applications Deportation British nationality Aircraft Employment Finance Families Human rights Enforcement Fixed penalties Eligibility Immigration controls Immigration Undocumented migrants Human trafficking Hong Kong Legal representation Entry clearances Legal opinion Immigration officers Private sector Pilot schemes National security Protection Monitoring Passengers Registration Terrorism Treaties Training Refugees Small businesses Right of search Temporary accommodation Students Detention centres British overseas citizenship
Legislation
Immigration, Asylum and Nationality Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk