Stuart McDonald – 2015 Parliamentary Question to the Home Office

The below Parliamentary question was asked by Stuart McDonald on 2015-10-21.

To ask the Secretary of State for the Home Department, how many (a) prosecutions have taken place and (b) penalty notices have been issued under paragraphs (i) 13 and (ii) 12 of the Accession (Immigration and Worker Authorisation) Regulations 2006 in each year since those regulations entered into force.

James Brokenshire

The number of prosecutions under Regulations 12 and 13 of the Accession (Immigration and Worker Authorisation) Regulations 2006, in each of the years the regulations were in force, 1 January 2007 to 31 December 2013, is shown in Table 1. The data in the table has been provided by the Ministry of Justice (MoJ) and is not held by the Home Office. MoJ Court Proceedings Database holds information on defendants proceeded against, found guilty and sentenced for criminal offences in England and Wales.

The Regulations only allowed for employees to be served with a Fixed Penalty Notices (FPNs) under Regulation 13. The sanction against employers under Regulation 12 was prosecution through the Courts. The Home Office does not hold Management Information for this period which would explain why the prosecution numbers are low. Management information in Table 2 shows the number of FPNs notified to the Home Office as having been served in each of the financial years the Accession (Immigration and Worker Authorisation) Regulations 2006 were in force.

The Home Office has no record of any Fixed Penalty Notices being issued to Croatian nationals working in breach of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013. The Home Office has not issued any civil penalties to employers in respect of breaches of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013.