My Lords, in supporting my noble friend Lady Anelay’s amendment, I make the following points. This is a civil penalty. No doubt the Minister has told us, but I am sorry that I do not know how much she has in mind for it and what the maximum is. However, what the amendment suggests is reasonable. Once the Government have caught up with an employer thought to be employing those he should not be employing, it is likely that he will either be stopped by having it drawn to his attention or he will carry on regardless. The Government are keen on civil penalties. When one is acting as an enforcement authority, this method of enforcement provides a cumbersome form of appeal and places all the burdens on the defendant. One can justify that sometimes, but we are nudging up against what is reasonable. It is extremely important to remember that any prosecutor should act reasonably before enforcing. The amendment asks the Government to act reasonably. I hope that the Minister will take that point into account.
Immigration, Asylum and Nationality Bill
Proceeding contribution from
Lord Lyell of Markyate
(Conservative)
in the House of Lords on Tuesday, 7 February 2006.
It occurred during Debate on bills on Immigration Asylum and Nationality Bill.
Type
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678 c559-60 
Session
2005-06
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