Mark Harper resigns his position after discovering a cleaner he employed since 2007 did not have indefinite leave to remain as claimed
As widely reported in the media, Immigration Minister Mark Harper resigned from the Government yesterday following the revelation that he employed a cleaner who did not have the necessary legal permission to reside and work in the UK.
According to the Telegraph, Harper said that he discovered last week that his cleaner did not have indefinite leave to remain in the UK and decided that his position as Immigration Minister was no longer tenable.
The Guardian added that Harper recruited the cleaner in 2007 to look after his London flat, at which time he said he was given a copy of her passport and a Home Office letter stating that she had indefinite leave to remain in the UK and the right to work.
Mindful that he was steering the government's controversial Immigration Bill through the Commons and publicly warning employers of the need to check the status of employees, Harper said he himself sought fresh evidence and was informed by Home Office officials that the cleaner was not in the UK legally.
BBC News reported that Harper's private office checked the cleaner's details with immigration officials after he was unable to locate the original documents seen in 2007 and instead obtained copies of the documents from the cleaner.
Prime Minister David Cameron said Harper had "taken an honourable decision" and he was very sorry to see him leave. Cameron said he hoped to see Harper return to the Frontbench "before too long".
The Daily Mirror published the full text of Harper's letter as follows:
Dear Prime Minister
In April 2007 I took on a cleaner for my London flat. In doing so, I was very mindful of my legal and financial obligations and undertook a number of checks beforehand. This included consideration of the HMRC tests as to whether the cleaner was performing her work under a contract for services on a self-employed basis which I concluded she was. However, even though there was no legal requirement for me to check her right to work in the UK, I felt that it was appropriate to do so. I therefore took a copy of her passport to verify her identity and also a copy of a Home Office letter, dated 26 January 2006, which stated that she had leave to remain indefinitely in the United Kingdom, including the right to work and engage in a business.
I considered the issue again when you appointed me as a Minister in the Cabinet Office in May 2010 and concluded that as I had performed a right to work check in 2007 and that my cleaner had indefinite leave to remain in the UK no further check was necessary. When you then appointed me as Immigration Minister in September 2012 I went through a similar consideration process and once again concluded that no further check was necessary. In retrospect, I should have checked more thoroughly.
As I took the Immigration Bill through Parliament in autumn 2013 I talked a lot about these matters in the context both of employers and landlords. What we do, and will, require of both is that they carry out reasonable checks and take copies of documents. We do not require them to be experts or spot anything other than an obvious forgery. Given this focus on these matters, I thought it prudent to check that all my documents were in order for my cleaner. I undertook an extensive search to locate the copies of documents I had taken but unfortunately I was unable to locate them.
As a result, in the week commencing 20 January 2014 I asked my cleaner for further copies of these documents which she provided on 4 February. On 5 February, I asked my private office to check the details with immigration officials to confirm that all was in order. I was informed on the morning of 6 February that my cleaner did not in fact have indefinite leave to remain in the United Kingdom. I immediately notified the Home Secretary and my Permanent Secretary. This is now a matter for Immigration Enforcement.
Although I complied with the law at all times, I consider that as Immigration Minister, who is taking legislation through Parliament which will toughen up our immigration laws, I should hold myself to a higher standard than expected of others. I have also considered the impact on my Parliamentary colleagues, the Government and you. I have always believed that politics is a team game, not an individual sport. Under the circumstances, I have therefore decided that the right course is for me to return to the Backbenches. I am sorry for any embarrassment caused.
I am grateful for the opportunities you have given me since you became Leader of the Conservative Party, first in Opposition and then in Government. I will continue to support you as Prime Minister, the Conservative Party and this Government in whatever way I can from the backbenches. I will also continue to serve my constituents in the Forest of Dean to the best of my ability.
Yours ever,
Mark Harper MP
BBC News reported that Liberty director Shami Chakrabarti said it was the "nasty immigration politics" of the Government's Immigration Bill, not the politician, that should go.
"The vile Immigration Bill would turn landlords and vicars into border police, checking people's status before offering them shelter or marriage services … If the immigration minister cannot check his own cleaner is here legally, how does he expect hard-pressed NHS staff to check patients?" Chakrabarti was quoted as saying.
While Mark Harper says he complied with the law at all times, Colin Yeo asks whether Harper might, in fact, have broken the law on the FreeMovement blog.
ITV News reports that junior Home Office minister James Brokenshire, MP for Old Bexley and Sidcup in South East London, has now replaced Mark Harper as Immigration Minister.