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THURSDAY, OCTOBER, 23, 1980

SIR JACK POINTED OUT THAT EMPLOYERS WOULD ALSO BE OBLIGED TO INSPECT THE PROOF OF IDENTITY OF ANY PERSON TAKEN INTO EMPLOYMENT FROM OCTOBER 28 ONWARDS.

+TO FACILITATE CHECKING BY LABOUR INSPECTORS, POLICE OR IMMIGRATION OFFICERS, IT IS ALSO PROPOSED THAT EMPLOYERS OF MORE THAN 10 PERSONS WILL BE REQUIRED TO KEEP A SIMPLE LIST OF NAMES AND DETAILS OF THE IDENTITY DOCUMENTS PRODUCED BY EACH OF THEIR EMPLOYEES, HE EXPLAINED.

OTHER EMPLOYERS WILL MERELY NEED TO HAVE THESE DETAILS ON RECORD, HE SAID.

EMPLOYERS, HE SAID, WHO FAILED TO COMPLY WITH THESE REQUIREMENTS WOULD BECOME LIABLE TO A FINE OF $50 000 AND IMPRISONMENT FOR A YEAR.

HE SAID: THE MONETARY PENALTY MAY SEEM LOW, HAVING REGARD TO THE POTENTIAL GAIN TO BE DERIVED BY AN UNSCRUPULOUS EMPLOYER WHO TAKES ON ILLEGAL IMMIGRANTS AT STARVATION WAGES: BUT IT IS THE GOVERNMENT'S HOPE THAT IT CAN RELY ON EMPLOYERS TO CO-OPERATE OVER THIS IT IS CLEARLY IN THEIR LONG-TERM INTERESTS TO DO SO.

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+IF, HOWEVER, THERE IS WIDESPREAD EVASION, IT MAY BE NECESSARY TO RECONSIDER THE LEVEL OF THE PENALTY, +

IT WILL ALSO BE PRESUMED THAT ANY PERSON FOUND WITHOUT PROOF OF IDENTITY IN A PLACE OF EMPLOYMENT WAS AN EMPLOYEE UNLESS THE CONTRARY IS PROVED.

SIR JACK POINTED OUT THAT THIS WAS ESSENTIAL TO THE ENFORCEMENT OF THE NEW MEASURE — OTHERWISE IT WOULD BECOME ALL TOO EASY FOR AN UNSCRUPULOUS EMPLOYER TO MAINTAIN THAT AN ILLEGAL IMMIGRANT FOUND ON THE PREMISES JUST HAPPENED TO HAVE DROPPED IN.

+ BUT SOME HONOURABLE MEMBERS HAVE EXPRESSED MISGIVINGS. MAY I THEREFORE ASSURE THE COUNCIL THAT THIS PRESUMPTION CLAUSE WILL NOT BE USED AGAINST AN EMPLOYER ON WHOSE PREMISES AN ILLEGAL IMMIGRANT IS FOUND IF IT IS CLEAR THAT THE EMPLOYER COULD HAVE HAD NO KNOWLEDGE OF THAT PERSON'S STATUS, SIR JACK SAID,

ON THE REMOVAL OF ILLEGAL IMMIGRANTS WHO WERE DETECTED, HE SAID A NEW PROVISION WOULD LEAVE THE GOVERNOR THE RESPONSIBILITY FOR ORDERING THE REMOVAL OF A PERSON REGARDED AS AN UNDESIRABLE ILLEGAL IMMIGRANT BUT WOULD TRANSFER FROM THE GOVERNOR TO THE DIRECTOR OF IMMIGRATION OR HIS DEPUTY THE AUTHORITY TO ORDER REMOVAL OF THE ORDINARY ILLEGAL IMMIGRANT.

BUT AS A SAFEGUARD, A NEW APPEALS SYSTEM WILL BE SET UP WHICH WILL INTRODUCE INTO IMMIGRATION LEGISLATION FOR THE FIRST TIME THE PRINCIPLE OF AN INDEPENDENT APPEAL TRIBUNAL.

+ IT IS BASED IN PART ON THE UK SYSTEM, UNDER WHICH AN INDEPENDENT LAYMAN OF STANDING CONSIDERS APPEALS AGAINST REMOVAL ORDERS, HE SAID.

/+WE ARE

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