Legislation under review | Round up

Immigration Cap

The Coalition Government has opened consultation on limiting the number of migrant workers entering the UK.

Details of the consultation can be found here.  The consultation will close on 17 September 2010 with a view to the provisions being place by 1 April 2011.

Recognising that there is risk of large numbers of applications between now and April 2011, interim limits have been put in place from 19 July 2010. The interim limits will ensure that the number of work visas issued remains below 2009 levels.

The interim measures include:

• capping the number of Tier One migrants at current levels;
• raising the number of points needed by non-EU workers who come to do highly skilled jobs from 95 to 100; and
• limiting the number of certificates of sponsorship that licensed employers can issue to those who wish to come to fill skilled job vacancies, intended to reduce the number of people entering through Tier Two by 1,300.

Agency Workers Regulations 2010

The Secretary of State for Business, Innovation and Skills has stated that the Agency Workers Regulations 2010 are under review.

This is not entirely unexpected, although there was indication that the Regulations would be subject to review in the Queen's speech or the Coalition Government's detailed agreement, Coalition: our programme for government'.

The Regulations must be in force under European Law no later than 5 December 2011, but were expected to come into force on 1 October 2011. This may still be maintained but the Coalition Government is 'considering the way forward' in light of 'different points of view . . . on certain aspects' of the Regulations. There are currently no further details.

Bribery Act 2010

Expected to come into force in October 2010, the Bribery Act 2010 will not now come into force until April 2011.  

The Act will:

• Introduce a corporate offence of failure to prevent bribery by persons working on behalf of a business. A business can avoid conviction if it can show that it has adequate procedures in place to prevent bribery.
• Make it a criminal offence to give, promise or offer a bribe and to request, agree to receive or accept a bribe either at home or abroad.
• Increase the maximum penalty for bribery from seven to 10 years imprisonment, with an unlimited fine.

Additional Paternity Leave

The timetable for implementation of the Regulations providing for additional paternity leave is under review.

The Additional Paternity Leave Regulations 2010 were passed and provide for 26 weeks additional paternity leave for parents of babies born on or after 3 April 2011.  However the Coalition Government is 'examining the timetable' of the Regulations.