Agenda item

The Assistant Director Culture, Housing and Regulation will submit a report providing an overview of the Governments proposed plans to deal with illegal migrant workers as detailed within the Draft Immigration Bill 2015/16

The Service Director Culture, Housing and Regulation submitted a report providing an overview of the Governments proposed plans to deal with illegal migrant workers as detailed within the Draft Immigration Bill 2015/16.

The Bill, which was progressing through the Committee stage in the House, proposed to create a new offence of illegal working and would allow wages to be seized as proceeds of crime.  Anyone prosecuted for this new offence would face a sentence of up to six months in prison and an unlimited fine.

If adopted, the new powers would, amongst other things, make it easier for the Police and local authorities to prosecute and employer who knew, or reasonably suspected that a person they employed had no permission to work in the UK.  An employer who continued to flout the law and evade sanctions could have their business closed for up to 48 hours whilst appropriate staffing checks were undertaken and the most virile offenders would be placed under special measures as directed by a court which, in turn, would lead to continued closure and further compliance checks.

In relation to licensable activities, the new powers would mean that any public house, off-licence or late night takeaway that failed to comply with the immigration laws of employed illegal workers may have the licence revoked.  It was also understood that further consideration was being given to extend these powers to cover minicab drivers and operators.

It was proposed to await the enactment of the Bill and, where necessary, raise awareness with Members, officers and South Yorkshire Police to ensure that each proposal would equip the licensed trade and general public with a service industry that was fair, economical and one that held the continual undertaking of this unlawful act at the forefront of the Governments mind.

There was a discussion of the potential way in which checks could be made into employee backgrounds and the possible future role of the Authority in ensuring compliance with regulations.  In this respect reference was made to the background checks undertaken in respect of taxi drivers and operators.  It was noted, however, that unless there was a demonstrated need for the authority/employer to require the submission of employee information, such as for taxi licensing purposes, there could be potential Data Protection issues.

RESOLVED that the report be received and a further report be submitted following the enactment of the legislation.