22 September 2009

Guido's Gaffe

Guido trumpeted the news of Baroness Scotland's inability to read the small print of one of the statutes that she subjected herself to in a post titled,

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But Guido makes a similar hash of his legal analysis.

He writes, "[t]here is only one statutory defence against conviction for employing an illegal worker under section 8 of the Asylum and Immigration Act 1996".

The gaffe arises because section 8 of the Asylum and Immigration Act 1996 was repealed by the Immigration, Asylum and Nationality Act 2006 (c. 13) (see Schedule 3) and it is section 15 of the 2006 Act that applies.

Even though Guido provides a satisfactory link from the Daily Mail in his note, he doesn't appear to have read it.

While the necessary code of practice (see section 19 of the 2006 Act) is found here with Appendix 1 giving the documents required for the statutory defence.

Of course, this still leaves the Baroness in a very poor position.

2 comments:

  1. The principle remains true, and err, she has paid up as a consequence.

    ReplyDelete
  2. Agreed on both points, G.

    But in law pedantry is important.

    ReplyDelete