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| Version 0 | Version 1 |
|---|---|
| No 10 defends under-fire minister | No 10 defends under-fire minister |
| (31 minutes later) | |
| No 10 says it has "full confidence" in Attorney General Baroness Scotland amid claims she employed a woman allegedly not entitled to work in the UK. | No 10 says it has "full confidence" in Attorney General Baroness Scotland amid claims she employed a woman allegedly not entitled to work in the UK. |
| It emerged on Wednesday that Baroness Scotland employed Loloahi Tapui, from Tonga, for six months. She sacked her when told of her ineligibility. | |
| Baroness Scotland has maintained she hired Ms Tapui in "good faith" and thought she was entitled to work. | Baroness Scotland has maintained she hired Ms Tapui in "good faith" and thought she was entitled to work. |
| But the Conservatives said she had got things "badly wrong". | But the Conservatives said she had got things "badly wrong". |
| Civil penalties | Civil penalties |
| Under the Immigration, Asylum and Nationality Act, employers who knowingly take on an illegal worker face a two-year prison sentence and an unlimited fine. Those who unknowingly take on illegal workers face a maximum £10,000 fine. | Under the Immigration, Asylum and Nationality Act, employers who knowingly take on an illegal worker face a two-year prison sentence and an unlimited fine. Those who unknowingly take on illegal workers face a maximum £10,000 fine. |
| Baroness Scotland was a Home Office minister when the laws were drawn up. | Baroness Scotland was a Home Office minister when the laws were drawn up. |
| Despite No 10's support, the BBC's political correspondent Gillian Hargreaves said Baroness Scotland would remain under pressure until she clarified what documents she had viewed prior to hiring Ms Tapui. | Despite No 10's support, the BBC's political correspondent Gillian Hargreaves said Baroness Scotland would remain under pressure until she clarified what documents she had viewed prior to hiring Ms Tapui. |
| I am sure she would have done everything that was proper and right Keith Vaz, Labour MP | I am sure she would have done everything that was proper and right Keith Vaz, Labour MP |
| It is understood Ms Tapui arrived in the UK in 2003 on a temporary visa which has since expired. | It is understood Ms Tapui arrived in the UK in 2003 on a temporary visa which has since expired. |
| A spokesman for Baroness Scotland said she had "never knowingly employed an illegal immigrant", adding that she had hired the help in "good faith". | A spokesman for Baroness Scotland said she had "never knowingly employed an illegal immigrant", adding that she had hired the help in "good faith". |
| "She saw documents which led her to believe that Ms Tapui was entitled to work in this country," he said. | "She saw documents which led her to believe that Ms Tapui was entitled to work in this country," he said. |
| "At no stage prior to the matter being raised did Baroness Scotland believe there was any question over Ms Tapui's entitlement to work." | "At no stage prior to the matter being raised did Baroness Scotland believe there was any question over Ms Tapui's entitlement to work." |
| Ms Tapui, who is believed to have been married to a UK national, was in registered employment before being hired and had been paying tax and national insurance, he added. | Ms Tapui, who is believed to have been married to a UK national, was in registered employment before being hired and had been paying tax and national insurance, he added. |
| The spokesman said Ms Tapui had been "dismissed with immediate effect". | The spokesman said Ms Tapui had been "dismissed with immediate effect". |
| When measures were introduced in 2008 to crack down on the employment of illegal workers, the then home secretary Jacqui Smith said they would deter "slipshod recruitment methods". | When measures were introduced in 2008 to crack down on the employment of illegal workers, the then home secretary Jacqui Smith said they would deter "slipshod recruitment methods". |
| Keith Best, of the Immigration Advisory Service, said employers had to comply with Border Agency guidelines - including checking visa status on passports. | Keith Best, of the Immigration Advisory Service, said employers had to comply with Border Agency guidelines - including checking visa status on passports. |
| "The perusal of a National Insurance certificate in itself is insufficient to escape a civil penalty," he told the BBC. | "The perusal of a National Insurance certificate in itself is insufficient to escape a civil penalty," he told the BBC. |
| If the documents checked were not those required, it was "inevitable" she would face a civil penalty, he said, but it was extremely unlikely she would face a criminal prosecution. | If the documents checked were not those required, it was "inevitable" she would face a civil penalty, he said, but it was extremely unlikely she would face a criminal prosecution. |
| "To be prosecuted criminally for employing somebody illegally, you have to knowingly do so. And I would have thought it's incomprehensible or beyond doubt that a government minister would knowingly employ an illegal migrant." | "To be prosecuted criminally for employing somebody illegally, you have to knowingly do so. And I would have thought it's incomprehensible or beyond doubt that a government minister would knowingly employ an illegal migrant." |
| 'Grey areas' | 'Grey areas' |
| Labour MP Keith Vaz, chairman of the home affairs select committee, said he believed Baroness Scotland would have "satisfied herself" that all the necessary checks were done. | Labour MP Keith Vaz, chairman of the home affairs select committee, said he believed Baroness Scotland would have "satisfied herself" that all the necessary checks were done. |
| "I am sure she would have done everything that was proper and right," he told BBC Radio 4's World At One. | "I am sure she would have done everything that was proper and right," he told BBC Radio 4's World At One. |
| However, he said there were "grey areas" in how the law was interpreted and a single database was needed to give employers access to information about an individual's immigrant status, right to work and ability to claim benefits. | However, he said there were "grey areas" in how the law was interpreted and a single database was needed to give employers access to information about an individual's immigrant status, right to work and ability to claim benefits. |
| The Conservatives said the attorney general had questions to answer about her conduct. | The Conservatives said the attorney general had questions to answer about her conduct. |
| "This is a government that says all small employers should be prosecuted if they don't know the immigration status of their employees and yet we have senior ministers who can't be bothered to make the checks themselves," shadow home secretary Chris Grayling said. | "This is a government that says all small employers should be prosecuted if they don't know the immigration status of their employees and yet we have senior ministers who can't be bothered to make the checks themselves," shadow home secretary Chris Grayling said. |
| Baroness Scotland was appointed attorney general by Gordon Brown when he became prime minister in June 2007. | Baroness Scotland was appointed attorney general by Gordon Brown when he became prime minister in June 2007. |
| She is the government's chief legal adviser and oversees all criminal prosecutions in England and Wales. | She is the government's chief legal adviser and oversees all criminal prosecutions in England and Wales. |