moved Amendment No. 21:"Page 7, line 31, leave out sub-paragraph (ii) and insert—"
““(ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, effluxion of time or otherwise),””
The noble Baroness said: My Lords, these minor technical amendments will clarify the definition of who may or may not be employed for the purposes of the civil penalty scheme in Clause 15 and the offence of knowingly employing an illegal migrant worker in Clause 21.
The Bill currently provides that an employer may not employ an adult subject to immigration control who has not been granted leave to enter or remain in the UK, or whose leave to enter or remain in the UK is invalid, has expired or is subject to a condition preventing him accepting the employment.
We have reflected on whether the term ““expired”” provides sufficient legislative clarity in every case where leave has ended, other than as a result of the passage of time. It is, of course, important to ensure that the obligations which these provisions place on employers are not ambiguous and that they effectively prohibit the employment of those not entitled to work.
The amendments clarify that employers should not employ adults whose leave to enter or remain,"““has ceased to have effect””,"
by virtue of curtailment, revocation, cancellation or the passage of time. In moving the amendment, I confess that I have learnt a new word, ““effluxion””. I did not know that it existed, but all the lawyers in my department told me that that was down to my ignorance and my not being a lawyer. I beg to move.
Immigration, Asylum and Nationality Bill
Proceeding contribution from
Baroness Ashton of Upholland
(Labour)
in the House of Lords on Tuesday, 7 February 2006.
It occurred during Debate on bills on Immigration Asylum and Nationality Bill.
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678 c554 
Session
2005-06
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