Brown lets peer keep her job after fine for hiring illegal worker

Published on Tuesday 22 September 2009 09:50

GORDON Brown said he would take "no further action" against Attorney General Baroness Scotland today after she was fined £5,000 for hiring an illegal immigrant as her housekeeper.

The peer, the Government's most senior law officer, apologised for the "technical breach" and accepted the ruling of the UK Border Agency, sparking Tory calls for her to resign.

But Prime Minister Gordon Brown said he would not sack her.

"In line with the Ministerial Code I have consulted the Cabinet Secretary and, given the UK Border Agency is satisfied she did not knowingly employ an illegal worker and took steps to check the documents, I have concluded that no further action is necessary given the investigation and action that has already been taken by the appropriate authorities and her unreserved apology," he said.

In a statement, Lady Scotland said: "I fully accept the findings of the UK Border Agency, that I made a technical breach of the rules and I apologise for having made this inadvertent error.

"Having examined the documents which I was shown, I accept entirely that I should have taken copies of them and retained those copies and I accept it is my duty to pay the fine and I have done so.

"The UK Border Agency is satisfied that I did not knowingly employ an illegal worker, that I took the necessary steps to check the documents to ensure that Ms Tapui was entitled to work in the UK.

"I paid her tax and national insurance.

"Once again, I sincerely apologise for my error.

Lin Homer, chief executive of the UK Border Agency (UKBA), said the investigation confirmed Lady Scotland had employed an illegal immigrant, but did not do so "knowingly".

The fine was half the maximum of 10,000 because Lady Scotland had "no history" of employing illegal immigrants and had co-operated fully with the investigation, she said.

She said: "Following an investigation into alleged illegal working, the UK Border Agency will be imposing a civil penalty of 5,000 on Patricia Mawhinney (Baroness Scotland) as the employer of an individual who was not legally permitted to undertake work in the United Kingdom.

"The employer co-operated fully with the investigation, which was carried out in accordance with the Agency's published code of practice on civil penalties for illegal working.

"Following the investigation, the UK Border Agency is satisfied that the employer did not knowingly employ an illegal worker.

"The UKBA is also satisfied that the employer took steps to check documents provided to her as proof of right to work in the UK.

"However, the law requires that employers must keep copies of documents proving the right to work in the UK and in this instance the employer failed to meet this requirement.

"Our priority in enforcement against employers is to identify employers who knowingly flout the rules, often on a continual basis and often on a large scale.

"However, under immigration law any employer found to have employed people with no right to work here can face a civil penalty."