Common law

The principal of common law is that it applies everywhere, and must be obeyed by everyone, including those who framed the law.

So Baroness Scotland is in trouble. She was a minister when the laws were passed which made it illegal to employ and illegal immigrant. She is bound by the law as much as anyone else. For six months she employed an illegal immigrant, a lady who came on a student visa and then stayed illegally after her studies ended.

The law states that employers must check visa status on passports. It is not enough that the potential employee has a NI number - these are given out without much check.

The Baroness claims that she saw a document which seemed to indicate the lady's eligibility for employment. Then all the Baroness has to do is to find and produce the document. The argument that "I saw a document" is not evidence of having checked, and if this is accepted there could be a rash of such claims.

We can probably accept that she did not knowingly employ an illegal immigrant, although her staff have been protesting rather much about her good character, so she would avoid the 2 years imprisonment and unlimited fine, but employing without checking can lead to a £10,000 fine per illegal employee. The law was designed to be punitive.

As Attorney General she should know the law and its requirements. If she does not produce the correct documentation. Then she should be prosecuted. If she is not prosecuted in this event, then we shall know that there is one law for rulers and another for the rest of us.