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Illegal Immigrants

Volume 504: debated on Monday 18 January 2010

To ask the Secretary of State for the Home Department how many people were (a) prosecuted and (b) found guilty of employing illegal immigrants in each month of (i) 2007, (ii) 2008 and (iii) 2009. (306001)

[holding answer 10 December 2009]: The “prosecution” of an individual employer for an offence relating to employing illegal migrant workers formerly occurred through the courts under section 8 of the Asylum and Immigration Act 1996. The prosecution offences in 1996 were replaced by the introduction of civil penalties for employers in the Immigration, Asylum and Nationality Act 2006 in February 2008. An individual employer who has received a civil penalty for offences related to illegal working under the 2006 Act does not undergo prosecution through the courts.

Between 29 February 2008 and 30 November 2009 a total of 3,376 Notices of Liability for a Civil Penalty were issued to employers of illegal migrant workers. These data are derived from local management information and are therefore provisional and liable to change.

An employer may still be prosecuted under section 21 of the Immigration, Asylum and Nationality Act 2006 where it can be established that the employer “knowingly” employed an illegal migrant worker after 29 February 2008.

Data on the number of defendants proceeded against and found guilty in 2007 and 2008 of offences relating to employing a person subject to immigration control are published by the Home Office in table 3.4 of the Control of Immigration.

Statistics United Kingdom 2008, which is available from the Library of the House and from the Home Office Research, Development and Statistics Directorate website at:

http://www.homeoffice.gov.uk/rds/immigration-asylum-stats.html

Data for 2008 remain provisional and subject to change. Data for 2009 will be published in summer 2010.

The following tables from the Ministry of Justice provide a monthly breakdown of the overall figures set out in the above publication.

20072, 3, 420081, 2, 3, 4

Proceeded against in magistrates court

Found guilty in all courts

Proceeded against in magistrates courts

Found guilty in all courts

January

0

0

5

3

February

4

4

12

6

March

4

4

4

2

April

3

1

5

7

May

2

1

2

1

June

1

1

5

3

July

4

3

4

2

August

1

0

6

7

September

7

5

7

0

October

3

2

8

4

November

3

2

7

5

December

7

2

2

0

Total

39

25

67

40

1 Provisional.

2 Includes offences of employing a person aged 16 and above and employing a person knowingly that they are an adult subject to immigration control.

3 These are data on the principal immigration offence basis.

4 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence care should be taken to ensure data collection processes and their inevitable limitation are taken into account when those data are used.