HOME OFFICE News
Release (086/2007) issued by The Government News Network on 15 May 2007
The Home Office
drive against illegal working moved forward today as talks began
with industry on the implementation of tough new legislation
designed to crackdown on bogus employees.
The new rules will see rogue employers face a prison sentence
and/or an unlimited fine if found knowingly employing illegal
workers. Civil penalties will also be levied on companies which
have been negligent in carrying out checks on workers. The level
at which these fines will be set and how they will be imposed is
now the subject of a consultation, published today.
The new measures, which will take effect early next year, are
part of the Home Office's Illegal Working Action Plan,
launched today, co-ordinated through the new Border and
Immigration Agency (BIA). It follows measures designed to toughen
border controls, double enforcement resources and joint work with
police and benefits agencies to tackle illegal immigration and its consequences.
Immigration Minister Liam Byrne said:
"To combat illegal immigration it is not enough to stop
illegal journeys. We have to close down the illegal jobs that
tempt people to try their luck coming to Britain.
"That means making it easier for companies to check whether
someone is here legally - but also coming down much harder on
businesses which break the rules or turn a blind eye.
"So alongside compulsary ID cards for foreign nationals will
come bigger, faster fines for those who break the law."
The Action Plan includes a new pilot project to help British
businesses check migrants identity and right to work. This joint
venture is the first between the Identity and Passport Service
(IPS) and the BIA, and is a prelude to biometric checking services
which will come on stream with compulsory ID cards for foreign nationals.
Key parts of the Action Plan include:
* tougher checks abroad - using biometric visas to tie foreign
nationals to a single identity allowing entry to the UK to be
denied if necessary;
* compulsory identity cards for foreign nationals - provisions in
the UK Borders Bill require foreign nationals living in the UK
from outside the EEA to apply for biometric ID helping tackle
fraud, illegal working and multiple identity;
* an employee checking service - the first joint pilot between
BIA and IPS, which is the next step in improving the support
offered to employers;
* sponsorship - introduced under the new Australian-style points
based system for managing migration, which will ensure that
employers take responsibility for whether their workers comply
with the immigration rules;
* penalties for rule breakers - the implementation of civil
penalties for those employers who employ illegal migrants as a
result of negligent recruitment and a new criminal offence for
those found to be knowingly employing illegal workers;
* tougher enforcement - through intelligence led enforcement,
progressively blocking the benefits of Britain to illegal
immigrants through partnerships across Government, with police and
the private sector; and
* making sure people know the rules - through a national media
and direct mail campaign on illegal working, reminding employers
of their responsiblities.
Commenting on today's announcement Marcia Roberts, Chief
Executive Officer of the Recruitment and Employment Confederation
(REC), said:
"The move towards providing recruitment agencies and
employers with specific information on their immigration enquiries
is a great leap forward. To date recruiters have been intensive
users of the Home Office's Employers' Helpline and the
new Employers' Checking Service will undoubtedly help
recruiters make the right decision when it comes to ensuring that
candidates have the right to work in the UK.
"This move has to be backed up with firm and fair
enforcement. REC will be working with the Home Office to ensure
that the new civil penalties regime lives up to that mantra and
that the activities of rogue operators are addressed."
Notes to editors:
1. 'Prevention of Illegal Working - Immigration Asylum and
Nationality Act 2006: Consultation on the implementation of new
powers to prevent illegal migrant working in the UK, can be found
at http://www.bia.homeoffice.gov.uk
2. The Immigration, Asylum and Nationality Act 2006 received
royal assent on 30 March 2006 (refer to press notice number 046/2006).
3. The Border and Visa Strategy was published on 28 March 2007
(refer to press notice 059/2007) and can be found at: http://www.ind.homeoffice.gov.uk/6353/aboutus/Securing_the_UK_Border_final.pdf
4. The Enforcement Strategy was published on 7 March 2007 (refer
to press notice 040/2007) and can be found at: http://www.ind.homeoffice.gov.uk/6353/aboutus/enforcementstrategy.pdf
5. The UK Borders Bill was published on 26 January 2007 (refer to
press notice number 008/2007).
6. The Employers' Helpline is 0845 010 6677.
7. The on-line employer guide to employing migrant workers can be
found at: http://www.employingmigrantworkers.org.uk