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Lady Scotland risks migrant fine Lady Scotland faces migrant fine
(31 minutes later)
The attorney general is in "technical breach" of rules on employing migrant workers, the BBC understands.The attorney general is in "technical breach" of rules on employing migrant workers, the BBC understands.
Baroness Scotland is expected to be fined for employing a housekeeper from Tonga who did not have the right to work in the UK.Baroness Scotland is expected to be fined for employing a housekeeper from Tonga who did not have the right to work in the UK.
But it is understood she has not been asked to resign.But it is understood she has not been asked to resign.
The minister says she thought she was working legally and acted in good faith but both the Tories and Lib Dems have raised questions about her position.The minister says she thought she was working legally and acted in good faith but both the Tories and Lib Dems have raised questions about her position.
The UK Border Agency has been investigating the case, which was revealed by the Daily Mail newspaper.The UK Border Agency has been investigating the case, which was revealed by the Daily Mail newspaper.
Report awaitedReport awaited
Prime Minister Gordon Brown said Baroness Scotland had contacted the agency herself to request a "thorough" investigation and wished to apologise for "any inadvertent mistake".Prime Minister Gordon Brown said Baroness Scotland had contacted the agency herself to request a "thorough" investigation and wished to apologise for "any inadvertent mistake".
Asked whether she would keep her job in an interview with GMTV, Mr Brown said he would have to see the Border Agency report.Asked whether she would keep her job in an interview with GMTV, Mr Brown said he would have to see the Border Agency report.
I will have to wait for that report this morning and she will want to answer the questions that are put to her Gordon Brown Nick Clegg on Baroness Scotland's position
"I will have to see the report, I will have to look at it, I will have to see what they actually say."I will have to see the report, I will have to look at it, I will have to see what they actually say.
"The question is whether she knowingly did not look at the passport or the documents of the person that she was employing or whether she did do that but she did not keep a copy of the documents."The question is whether she knowingly did not look at the passport or the documents of the person that she was employing or whether she did do that but she did not keep a copy of the documents.
"We will have to find out what has actually happened and I will have to wait for that report this morning and she will want to answer the questions that are put to her. We will have to make decisions.""We will have to find out what has actually happened and I will have to wait for that report this morning and she will want to answer the questions that are put to her. We will have to make decisions."
Visa expiredVisa expired
Laws that Baroness Scotland, when a Home Office minister, helped pilot through Parliament, state that employers must check to verify their staff's right to work in the UK.Laws that Baroness Scotland, when a Home Office minister, helped pilot through Parliament, state that employers must check to verify their staff's right to work in the UK.
Those who knowingly take on illegal workers face a two-year prison sentence and unlimited fine, while those who do it unknowingly face a fine of up to £10,000.Those who knowingly take on illegal workers face a two-year prison sentence and unlimited fine, while those who do it unknowingly face a fine of up to £10,000.
FROM THE TODAY PROGRAMME More from Today programmeFROM THE TODAY PROGRAMME More from Today programme
Somebody who made partial checks but was still in breach could face a fine of up to £2,500.Somebody who made partial checks but was still in breach could face a fine of up to £2,500.
BBC political correspondent Iain Watson said Loloahi Tapui had overstayed on her visa for five years and the key question was whether Lady Scotland had carried out enough checks.BBC political correspondent Iain Watson said Loloahi Tapui had overstayed on her visa for five years and the key question was whether Lady Scotland had carried out enough checks.
It is understood she saw some of Ms Tapui's documents, including National Insurance numbers but it is not known if she saw a passport or a visa.It is understood she saw some of Ms Tapui's documents, including National Insurance numbers but it is not known if she saw a passport or a visa.
Chris Huhne, home affairs spokesman for the Liberal Democrats, told BBC Radio 4's Today programme: "Given the fact that Baroness Scotland is the chief law officer of the government, that law makers really cannot be law breakers, I think this is such an embarrassing case I think she does have to consider her position."Chris Huhne, home affairs spokesman for the Liberal Democrats, told BBC Radio 4's Today programme: "Given the fact that Baroness Scotland is the chief law officer of the government, that law makers really cannot be law breakers, I think this is such an embarrassing case I think she does have to consider her position."
Lib Dem leader Nick Clegg said her position was "awkward" but "at the moment I certainly wouldn't rush to say she has got to lose her job".Lib Dem leader Nick Clegg said her position was "awkward" but "at the moment I certainly wouldn't rush to say she has got to lose her job".
Eric Pickles, the Conservative Party chairman, said she was in a "difficult position" because she had piloted the law in question through Parliament.Eric Pickles, the Conservative Party chairman, said she was in a "difficult position" because she had piloted the law in question through Parliament.
"I think her position, I think she's not likely to survive for much longer.""I think her position, I think she's not likely to survive for much longer."