Clause 102 addresses the need for accountability and compliance with labour market enforcement orders. It creates a clear offence of failing to adhere to a labour market enforcement order without reasonable excuse, sending a strong message that non-compliance will not be tolerated. The clause ports over the existing offence in section 27 of the Immigration Act 2016 and does not create a new offence. The clause is essential to ensure that labour market enforcement orders hold real weight and authority in our legal framework.

The penalties under clause 102 are designed to be fair yet firm, with varying limits for summary conviction in England, Wales, Scotland and Northern Ireland, and up to two years’ imprisonment or fine on conviction on indictment. The range of penalties enables the courts to respond proportionately to the severity of each offence, ensuring that justice is both accessible and effective across the UK. By maintaining meaningful penalties, we maintain a powerful deterrent against non-compliance, which encourages individuals and businesses to uphold their obligations and respect labour Laws. The approach we have taken in the clause emphasises both accountability and fairness, ensuring consistent enforcement across jurisdictions.

I turn to clause 103. For the fair work agency to enforce effectively, it needs to rely on the information it gathers. Providing false information slows investigations down and slows down justice for workers. The clause therefore carries over and consolidates offences from predecessor legislation to create a single offence of providing false information. The clause provides that an offence is committed when a person

“produces, or knowingly causes or allows to be produced, any information or document” that is materially false. It provides that an offence is committed when the person providing information is either aware that it is false when providing it or has not taken reasonable action to confirm its accuracy. The clause also sets out the penalties applicable in England, Wales, Scotland and Northern Ireland. It is right that falsifying documents should carry a criminal penalty.

Clause 104 provides a vital tool in the arsenal of our labour enforcement officers. Employment rights enforcement is generally a civil regime, founded on consensual investigations. That is right and proportionate, but it is important that there is a clear course of action when individuals block or stymie investigations. The clause creates a single offence for anyone who intentionally obstructs an officer or fails, without reasonable excuse, to comply with their lawful requirements. In doing so, the clause consolidates similar offences in the predecessor legislation for the current enforcement bodies.

Clause 104 is fundamental to ensuring that enforcement officers can perform their duties without interference, which is essential for effective labour market oversight. Obstructing officers’ work undermines these efforts, delaying investigations and weakening compliance. The clause directly addresses this issue by establishing clear consequences for those who intentionally hinder enforcement officers in the execution of their duties. The penalties in the clause are proportionate but firm, with tailored limits across UK jurisdictions. This approach ensures consistent consequences for obstruction, reinforcing compliance with employment rights law and protecting workers’ rights, fostering a safer and fairer labour market.

As we deliver this upgrade to enforcement, we need to ensure that there are safeguards in place to prevent action that might interfere with the work of the intelligence agencies and could be detrimental to national security. That is why we have tabled new clause 50, which provides a defence for individuals to the offence of providing false information in clause 103. The defence applies only where the Secretary of State has issued a certificate stating that they believe it necessary for the person to engage in such conduct for reasons of national security, preventing or detecting serious crime, or maintaining the economic interests of the country. The new clause sets out that such a certificate may be revoked by the Secretary of State at any time. This is a necessary exemption; it maintains the ability of the Secretary of State to carry out their enforcement function, while balancing national security interests.