Attorney General's job in balance

Sep 23 2009

Attorney General Baroness Scotland's job remains in the balance after she was fined £5,000 for employing an illegal worker as a housekeeper.

Despite issuing a grovelling apology and receiving backing from Gordon Brown, the peer risked inflaming the row further by comparing her mistake to forgetting to pay the congestion charge in London.

Political opponents branded her "breathtakingly complacent" and accused the Prime Minister of "dithering" over sacking her, while it was reported that she was also under pressure from Cabinet colleagues to resign.

The UK Border Agency launched a probe after it emerged that a Tongan citizen paid by Lady Scotland to look after her west London home had overstayed her student visa.

Chief executive Lin Homer accepted that the peer had not "knowingly" employed an illegal worker, and "took steps" to check documents for 27-year-old Loloahi Tapui - who has reportedly told her family that she intends to remain in the UK. "However, the law requires that employers must keep copies of documents proving the right to work in the UK and in this instance the employer failed to meet this requirement," Ms Homer added.

Lady Scotland, the Government's top legal officer, said she "fully accepted" the findings. "It's like driving into the City and not paying the congestion charge. It's not a criminal offence," she told Sky News. "I made an administrative, technical error for which I am bitterly, bitterly, sorry. I will never fail to take a photocopy again. I got it wrong. It was a technical breach and I have paid the penalty."

Aides insisted Lady Scotland had not been downplaying the importance of the mistake but had merely been highlighting the difference between a criminal and civil offence. But the remarks risked undermining efforts by Mr Brown to draw a line under the damaging episode.

Shortly before, the premier, en route to the US for the crunch G20 summit, had released a statement saying: "In line with the Ministerial Code I have consulted the Cabinet Secretary and, given the UK Border Agency is satisfied she did not knowingly employ an illegal worker and took steps to check the documents, I have concluded that no further action is necessary given the investigation and action that has already been taken by the appropriate authorities and her unreserved apology."

Shadow home secretary Chris Grayling said: "There is a breathtaking culture of complacency at the heart of this Government. You don't get a £5,000 fine for not paying the congestion charge. Her comments underline how bad Gordon Brown's judgment has been in giving her his full backing."