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February 10, 2014
A shamed British Immigration Minister goes
New Delhi: A senior minister in charge of immigration in Britain who had launched a drive to catch illegal immigrants from the streets and deport, and might have been in line for the PM slot next time, stood like 'naked' and shamed when he had to quit as it was revealed that he himself had in employment at home an illegal immigant, and that too for seven long years!

That's not the end. He now faces a fine for not keeping the immigration papers of the cleaner.

He was the Immigration Minister Mark Harper who had been on a no-holds-barred campaign against illegal immigrants, "go home or face arrest," painted on either side of the vans that drove around.

The unidentified woman cleaner from Colombia was with Harper since 2007 at his second home.

Prime Minister David Cameron accepted the resignation, however, describing it as an "an honourable decision."

In consolation, the Prime Minister said, "there is no suggestion that Mr. Harper knowingly employed an illegal immigrant."

Faces fine for not verifying employee's documents

Mark Harper, 43, became immigration minister in 2012. He had come under criticism for a government advertising campaign warning illegal immigrants to "go home or face arrest."

Harper's 'Go Home' vans targeted illegal workers all across the UK, but did not know he himself had one at home!

He is a Tory MP from Forest of Dean in Gloucestershire.

"I consider that as Immigration Minister, who is taking legislation through Parliament which will toughen up our immigration laws, I should hold myself to a higher standard than expected of others," Harper said in his resignation letter.

Under Section 15 of the Immigration, Asylum and Nationality Act 2006, employers are liable for civil penalties of up to £10,000 if they do not verify an employee's documents. There are precedents for penalty imposed on defaulters.

James Brokenshire, who was Security Minister, has replaced Harper.

The Resignation Letter

"In April 2007 I took on a cleaner for my London flat.

In doing so, I was very mindful of my legal and financial obligations and undertook a number of checks beforehand. This included consideration of the HMRC tests as to whether the cleaner was performing her work under a contract for services on a self-employed basis which I concluded she was.

However, even though there was no legal requirement for me to check her right to work in the UK, I felt that it was appropriate to do so.

I therefore took a copy of her passport to verify her identity and also a copy of a Home Office letter, dated 26 January 2006, which stated that she had leave to remain indefinitely in the United Kingdom, including the right to work and engage in a business.

I considered the issue again when you appointed me as a Minister in the Cabinet Office in May 2010 and concluded that as I had performed a right to work check in 2007 and that my cleaner had indefinite leave to remain in the UK no further check was necessary.

When you then appointed me as Immigration Minister in September 2012 I went through a similar consideration process and once again concluded that no further check was necessary. In retrospect, I should have checked more thoroughly.

As I took the Immigration Bill through Parliament in autumn 2013 I talked a lot about these matters in the context both of employers and landlords. What we do, and will, require of both is that they carry out reasonable checks and take copies of documents.

We do not require them to be experts or spot anything other than an obvious forgery. Given this focus on these matters, I thought it prudent to check that all my documents were in order for my cleaner. I undertook an extensive search to locate the copies of documents I had taken but unfortunately I was unable to locate them.

As a result, in the week commencing 20 January 2014 I asked my cleaner for further copies of these documents which she provided on 4 February.

On 5 February, I asked my private office to check the details with immigration officials to confirm that all was in order.

I was informed on the morning of 6 February that my cleaner did not in fact have indefinite leave to remain in the United Kingdom. I immediately notified the Home Secretary and my Permanent Secretary. This is now a matter for Immigration Enforcement.

Although I complied with the law at all times, I consider that as Immigration Minister, who is taking legislation through Parliament which will toughen up our immigration laws, I should hold myself to a higher standard than expected of others.

I have also considered the impact on my Parliamentary colleagues, the Government and you. I have always believed that politics is a team game, not an individual sport. Under the circumstances, I have therefore decided that the right course is for me to return to the Backbenches. I am sorry for any embarrassment caused.

I am grateful for the opportunities you have given me since you became Leader of the Conservative Party, first in Opposition and then in Government.

I will continue to support you as Prime Minister, the Conservative Party and this Government in whatever way I can from the backbenches. I will also continue to serve my constituents in the Forest of Dean to the best of my ability."

- RM Nair


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