Parent fines for illegal nannies

FAMILIES who employ nannies without the proper immigration papers face heavy fines or even jail. They could be caught in a new crackdown on people who employ black market workers.

The move is aimed at the companies, gangmasters and agencies who hire thousands of illegal immigrants every year as cheap labour. But Immigration Minister Tony McNulty said it could also hit families who take on childminders without first checking they have permission to work in the UK.

Parents who pay National Insurance contributions on a nanny's behalf are legally classed as their employer, he warned. Immigration officials, who could be acting on a tip-off from a neighbour, will have the power to levy on-the-spot fines of up to £2,000 for each offence. If it can be proved a parent knew a childminder was working illegally, severe cases could be punished by a jail term.

Those at risk would include families who take a nanny's word that they are from Poland, the Czech Republic or other eastern European countries which joined the EU last May. If it turns out they are actually from countries such as Russia, whose citizens do not have automatic rights to work here, their employers could be punished.

Full-time gardeners could also be a problem, but officials said part-time cleaners, plumbers and other workmen would not be covered. Under employment law, a person is buying a service from them rather than acting as their employer.

The move, included in the Immigration, Asylum and Nationality Bill, is part of a wide-ranging attempt to regain control of immigration. The Bill creates a new offence of knowingly employing a black market worker, punishable by up to two years in jail or an unlimited fine.

Biometric visas are also being introduced, which will contain fingerprints. Immigration staff will have the right to check the prints on arrival. The Bill, which also curbs immigration appeals and gives police and Customs new powers, was welcomed last night as long overdue. But critics said it still fails to address the fundamental public concern that too many people are being allowed to settle here.

It sets no limit on the number of either economic migrants or asylum seekers, despite Labour taking a General Election battering on the issue. Shadow Home Secretary David Davis said the Government had simply 'tinkered around the edges'.

He added: 'Despite soaring numbers and soaring costs, the Government still refuses to accept the need to set a limit on immigration. The election campaign showed that we need to restore confidence to the system. This can only be achieved by establishing a yearly limit.'

Home Office officials said the decision to use instant fines against employers, rather than pursuing them through the courts, was taken after existing laws proved difficult to use. Since 2001, only 11 firms have been successfully prosecuted. Last year, 22 cases were dropped because it was hard to gather evidence or on the advice of the Crown Prosecution Service.

Employers will be fined if it can be proved they did not ask to see appropriate documents, copy them or take steps to verify they were authentic. They will also be required to check 'at prescribed intervals' that their migrant workers are entitled to be in the UK.

There were 1,600 operations to combat illegal working last year which uncovered 3,330 black market employees. The Home Office estimates that it will cost businesses £27m to get up to speed with the new legislation. Mr McNulty said he hoped the Bill - alongside other schemes such as a points system for economic migrants - could become law by next spring.