Fifth Report Contents

Instruments of interest

Draft Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2023

Draft Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2023

Immigration Act 2014 (Commencement No. 9) and Immigration Act 2014 (Commencement No. 8) (Revocation) Order 2023 (SI 2023/1245)

37.This suite of instruments, and associated revised codes of practice,10 would increase the maximum penalties for: (i) an employer who employs a person who is disqualified from working by reason of their immigration status in the UK, from £20,000 to £60,000; and (ii) a landlord or agent who rents property to individuals who do not have a right to rent, again because of their immigration status, from £3,000 to £20,000. The draft codes set out the actual fines payable, which in some cases will be lower; for example, for a first breach. The Home Office states that the penalties have not been increased since 2014 and that the changes are intended to deter those contemplating entering the UK illegally, deter non-compliant employers and landlords, and to reflect the full socio-economic costs of illegal labour and illegal letting. In response to our questions, the Home Office said that the new levels had been chosen “based on evidence and research, from international comparisons to other civil penalty schemes operated within the UK [ … ] and the challenges raised by illegal working and renting”.

38.An accompanying Economic Note reported that only 1,105 penalties were issued to employers, and 45 to landlords/agents, for breaching these rules in 2022–23. An Equalities Impact Assessment (EIA) published alongside the instruments noted a risk that the increases in penalties might lead employers and landlords to favour British and Irish nationals, at the expense of migrants, as being ‘lower risk’ and not requiring further checks. The EIA concluded that any such indirect discrimination “is justified as a proportionate means of achieving a legitimate aim”.

Draft Data Protection and Journalism Code of Practice 2023

39.This draft Code of Practice11 provides practical advice for journalists on compliance with data protection legislation. The Code has been prepared by the Information Commissioner, as required under section 124 of the Data Protection Act 2018, and has been laid before Parliament by the Department for Science, Innovation and Technology (DSIT). The Code builds on previous non-statutory guidance12 and will come into force 21 days after being issued.

40.The Department says that the Code does not impose any new legal obligations but seeks to address recommendations of the Leveson Inquiry regarding the intrusion of journalists into the private lives of individuals. While the Code is not concerned with press standards, it aims to strike a balance between freedom of expression and protection of privacy. Courts and tribunals must take the Code into account where relevant to any proceedings.

41.The Code sets out the requirements to process data fairly, lawfully, and transparently and the need to comply with certain rights of individuals, such as the rights of access and erasure. It also specifies the circumstances when the “journalism exemption” applies and personal data can be used for a journalistic purpose: the activity must be “with a view to publication”, and the individual must reasonably believe that publishing the personal data would be in the public interest and complying with a specific requirement of data protection legislation would be incompatible with the journalistic purpose.

National Security Act 2023 (Prevention and Investigation Measures) (Polygraph) Regulations 2023 (SI 2023/1249)

42.The National Security Act 2023 added individuals subject to State Threats Prevention and Investigation Measures (STPIM) to those who can be required to participate in a polygraph (lie detector) session. These Regulations specify how STPIM polygraph sessions should be conducted; for example, setting out qualification requirements for polygraph operators and supervisors, making provision for review of every polygraph session and providing for regular reporting to the Home Office. Currently, polygraphs can be used: on terrorist offenders and as a terrorism prevention and investigation measure; on sexual offenders on licence; and on domestic abuse offenders. The Home Office states that these Regulations are consistent with the way that polygraphs operate in those existing cases. The Home Office told us that it expects there to be only one or two polygraph tests on STIPM subjects per year.

43.The Home Office said that while there have been independent evaluations of the usefulness of polygraph as a “risk management tool” in the UK, the accuracy of polygraphs has not been assessed, with the Government instead referring to reviews by the American Polygraph Association. We encourage the Home Office to consider commissioning an independent assessment of the accuracy of its polygraph tests.


10 Home Office, Draft Code of practice on right to rent: Right to Rent Scheme for landlords and their agents (November 2023): https://assets.publishing.service.gov.uk/media/65548f5250475b000dc5b5df/E03016069_COP_Right_to_Rent_Web_Accessible.pdf; Home Office, Draft code of practice on preventing illegal working: Right to Work Scheme for employers (November 2023): https://assets.publishing.service.gov.uk/media/6554d9d8046ed400148b9970/E03016066_COP_Preventing_Illegal_Working_Accessible.pdf [accessed 4 December 2023]. A further instrument (or instruments) will be required to bring the revised codes of practice into force. These are expected to be laid once the draft affirmatives have completed their parliamentary process.

11 The draft Code has been published, together with supporting reference notes, here: IOC, ‘Data protection and journalism code of practice’: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-and-journalism-code-of-practice/journalism-code/ [accessed 4 December 2023].

12 ICO, Data protection and journalism: a guide for the media (September 2014): https://ico.org.uk/media/for-organisations/documents/1552/data-protection-and-journalism-media-guidance.pdf [accessed 4 December 2023].




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