Part of Education and Skills Bill – in a Public Bill Committee am 6:45 pm ar 19 Chwefror 2008.
I am delighted to be probed on this particular clause. I am absolutely clear that an employer would not receive a financial penalty if they had checked that the young person had made appropriate arrangements for training or education and were satisfied with the evidence before allowing employment to begin.
Clause 21(1) states that employers should take
“all such steps as are reasonable to ascertain, that the employee has made appropriate arrangements”.
We will make it clear in guidance what those reasonable steps should be. I am clear that there will be no requirement on the employer to verify the evidence. If it is a forgery, the local authority should act on the young person, not the employer, and we will seek to make that clear. I hope that that helps the Committee.
Accepting the amendment, however, could have undesirable consequences. It would create a loophole by enabling an employer to avoid the duty because they would know that if they were caught, they could simply claim ignorance. Ignorance should be no defence in law. Ignorance would then be sufficient justification for not fulfilling the duty at all. Not even checking the young person’s evidence that they had made appropriate arrangements for education or training would clearly be unacceptable. I hope that, in the light of that, the hon. Member for Yeovil will withdraw the amendment.