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Volume 488: debated on Monday 23 February 2009

To ask the Secretary of State for the Home Department what administrative financial penalties may be levied by her Department and its agencies. (253603)

The Immigration, Asylum and Nationality Act 2006 has provided a series of new sanctions for employers who employ illegal migrant workers. This includes a system of civil penalties, under which an employer can be fined up to £10,000 per person he/she is found to be employing illegally.

Additionally, Bulgarian and Romanian nationals who work illegally commit a criminal offence and may be served with a fixed penalty fine of £1,000 under criminal law.

Part II of the Immigration and Asylum Act 1999 enables the Secretary of State to impose a £2,000 fixed charge on any air or sea carrier for each non-European Economic Area passenger they bring to the UK who fails to produce, on request, a valid travel document satisfactorily establishing their identity and nationality and, if required, a valid visa.

The Department can also impose a civil penalty on those responsible for carrying clandestine entrants. The maximum penalty is £2,000 per clandestine and the aggregated maximum per clandestine (applied where more than one person is responsible) is £4,000.

The UK Borders Act 2007 enables the Secretary of State to make regulations requiring foreign nationals who are subject to immigration control to apply for an Identity Card for Foreign Nationals. Failure to comply with such a requirement may result in the imposition of a sanction, which may include a civil financial penalty up to a maximum of £1,000.

The police forces in England and Wales have the power to issue fixed penalty notices as a sanction against a specified list of offences, mainly related to public order (Penalty Notices for Disorder) and motoring.

For the Department's agencies, no penalties are levied.