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Attorney general is fined £5,000 Attorney general is fined £5,000
(41 minutes later)
Attorney General Baroness Scotland is to be fined £5,000 after being found to have employed a housekeeper who was not legally allowed to work in the UK.Attorney General Baroness Scotland is to be fined £5,000 after being found to have employed a housekeeper who was not legally allowed to work in the UK.
The UK Border Agency said she took steps to check Tongan Loloahi Tapui's right to work but had not kept a copy of documents, as required by law.The UK Border Agency said she took steps to check Tongan Loloahi Tapui's right to work but had not kept a copy of documents, as required by law.
No 10 said Gordon Brown took the case seriously but did not think she had to resign as it was "inadvertent".No 10 said Gordon Brown took the case seriously but did not think she had to resign as it was "inadvertent".
But both the Tories and the Lib Dems said her position looked "untenable".But both the Tories and the Lib Dems said her position looked "untenable".
Baroness Scotland, the government's chief legal adviser who oversees criminal prosecutions in England and Wales, helped take the legislation on employing illegal workers through Parliament when she was a Home Office minister.Baroness Scotland, the government's chief legal adviser who oversees criminal prosecutions in England and Wales, helped take the legislation on employing illegal workers through Parliament when she was a Home Office minister.
Apology Bitterly sorry
She issued a statement saying: "I fully accept the findings of the UK Borders Agency that I made a technical breach of the rules. I apologise for having made this inadvertent error. In a statement she said she fully accepted that she had made a "technical breach of the rules" and apologised for "this inadvertent error".
"Having examined the documents I accept entirely I should've taken copies of them. I sincerely apologise for my error." She told Sky News: "It was a mistake, I got it wrong, it was a technical breach and I paid the penalty."
Having seen the example made of me there won't be any woman in the country who won't be now reaching for that passport and making sure she's got the copy Baroness Scotland Analysis: Will attorney general stay? Read Nick Robinson's thoughts
Asked whether her position was tenable she said: "This is a civil penalty, just as if you drive into the city and you don't pay your congestion charge or you overpay, it's not a criminal offence.
"I made an administrative technical error for which I am bitterly sorry but I can assure you I will never fail to take a photocopy again."
She said she was confident that "having seen the example made of me there won't be any woman in the country who won't be now reaching for that passport and making sure she's got the copy".
In a statement, Downing Street said: "The UK Border Agency is satisfied she did not knowingly employ an illegal worker. She examined documents of her status. She paid tax and National Insurance on her earnings. She employed her new cleaner in good faith.In a statement, Downing Street said: "The UK Border Agency is satisfied she did not knowingly employ an illegal worker. She examined documents of her status. She paid tax and National Insurance on her earnings. She employed her new cleaner in good faith.
I think her position is pretty untenable to be frank Chris GraylingConservatives class="" href="/2/hi/uk_news/politics/8268657.stm">Analysis: Will attorney general stay? class="" href="http://www.bbc.co.uk/blogs/nickrobinson/2009/09/the_baroness_an.html">Read Nick Robinson's thoughts 'No further action'
"But regrettably she did not retain copies of the documents proving the right to work she was given. As a result she is paying an administrative penalty.""But regrettably she did not retain copies of the documents proving the right to work she was given. As a result she is paying an administrative penalty."
It added that breaches of the law were taken "seriously" and the PM had consulted the cabinet secretary about whether the ministerial code had been breached.It added that breaches of the law were taken "seriously" and the PM had consulted the cabinet secretary about whether the ministerial code had been breached.
But because she had not knowingly employed an illegal worker and had checked documents Mr Brown believed " no further action" was necessary.But because she had not knowingly employed an illegal worker and had checked documents Mr Brown believed " no further action" was necessary.
I think her position is pretty untenable to be frank Chris GraylingConservatives
However shadow home secretary Chris Grayling told the BBC the law was very clear - that employers could not be "inadvertently innocent". "I think her position is pretty untenable to be frank," he told the BBC.However shadow home secretary Chris Grayling told the BBC the law was very clear - that employers could not be "inadvertently innocent". "I think her position is pretty untenable to be frank," he told the BBC.
'Very difficult'
He said because she was a senior minister who had stood up to argue for the law when taking it through the House of Lords, "you have to ask, can she possibly stay in that position?"He said because she was a senior minister who had stood up to argue for the law when taking it through the House of Lords, "you have to ask, can she possibly stay in that position?"
"I think it's a sign, frankly, of Downing Street not showing leadership over this issue," he added."I think it's a sign, frankly, of Downing Street not showing leadership over this issue," he added.
'Very difficult'
For the Liberal Democrats Chris Huhne said the attorney general should be expected to know the law and her position "now looks untenable".For the Liberal Democrats Chris Huhne said the attorney general should be expected to know the law and her position "now looks untenable".
Chris Grayling: "She is the person who stood up and argued these laws were necessary"
He added: "I think it's very very difficult for her to stay to be honest. I don't know the full story yet.He added: "I think it's very very difficult for her to stay to be honest. I don't know the full story yet.
"But the reality is for the chief law officer of this country of the government, who is responsible for upholding the law, for the person who actually drafted this legislation when she was a Home Office minister, for a law maker to be a law breaker ... all of these put her position in extreme peril.""But the reality is for the chief law officer of this country of the government, who is responsible for upholding the law, for the person who actually drafted this legislation when she was a Home Office minister, for a law maker to be a law breaker ... all of these put her position in extreme peril."
Chris Grayling: "She is the person who stood up and argued these laws were necessary"
Baroness Scotland was defended by Commons leader Harriet Harman, who told the BBC it was an "administrative error": "I don't think her position is untenable, she's an excellent attorney general and will carry on doing her job."Baroness Scotland was defended by Commons leader Harriet Harman, who told the BBC it was an "administrative error": "I don't think her position is untenable, she's an excellent attorney general and will carry on doing her job."
Civil penalty
The UK Border Agency began an investigation after the story was published in the Daily Mail newspaper.The UK Border Agency began an investigation after the story was published in the Daily Mail newspaper.
The agency's chief executive Lin Homer said the agency was satisfied Baroness Scotland "did not knowingly employ an illegal worker" and had taken steps to check documents "provided to her as proof of right to work in the UK".The agency's chief executive Lin Homer said the agency was satisfied Baroness Scotland "did not knowingly employ an illegal worker" and had taken steps to check documents "provided to her as proof of right to work in the UK".
But she added: "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."But she added: "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."
She said Baroness Scotland would pay a "civil penalty of £5,000" - the maximum £10,000 fine was not usually imposed in cases where employers co-operated and had no history of employing illegal workers.She said Baroness Scotland would pay a "civil penalty of £5,000" - the maximum £10,000 fine was not usually imposed in cases where employers co-operated and had no history of employing illegal workers.