2 THE GOVERNMENT'S PROPOSALS
39. On 3 July 2002 the Home Office published a consultation
paper on Entitlement Cards and Identity Fraud.[22]
The paper stated that:
"A universal entitlement card scheme would:
(i) provide people who are lawfully resident
in the UK with a means of confirming their identity to a high
degree of assurance;
(ii) establish for official purposes a person's
identity so that there is one definitive record of an identity
which all Government departments can use if they wish;
(iii) help people gain entitlement to products
and services provided by both the public and private sectors,
particularly those who might find it difficult to so do at present;
(iv) help public and private sector organisations
to validate a person's identity, entitlement to products and services
and eligibility to work in the UK." [23]
40. It continued: "The Government does not wish
to consult on the introduction of a compulsory scheme, by which
it means a card which everyone would have and be required to carry
at all times."[24]
But the paper also made clear that the preferred option was a
"universal" entitlement card scheme, by which everyone
in the country over a certain age was required to register with
the scheme and to obtain a card, and a card would be the only
way to access particular services (other than in an emergency
or in cases where a card had been lost or stolen).
41. The preferred option of a universal entitlement
card scheme was described by the paper as one under which:
"(i) it would be a requirement that all
lawful residents of the UK over a certain age register with a
scheme and obtain a card;
(ii) service providers would be free to decide
whether or not to use the card scheme as the means to access their
services;
(iii) service providers who did choose to use
the card scheme would make the scheme the exclusive way to access
their services (with exceptions for emergencies such as lost or
stolen cards);
(iv) some services would rely on the database
which administered the card scheme rather than require production
of a card if that was a more efficient and convenient way to provide
the service." [25]
42. Other issues raised in the consultation paper
included:
- whether there should be unique
personal numbers;
- what services should be linked to the card;
- whether the card should also serve as a European
travel document;
- how to combat identity fraud;
- what links there should be to the private sector;
- whether biometric information should be included;
and
- what information should be included in a central
register.
43. The paper focussed on the option of building
on existing passport and driving licence systems. 13 million photocard
driving licences had been issued in Great Britain, to EU-wide
standards, since 1998 (in Northern Ireland since April 1999);
the 25 million existing paper licences were being replaced by
photocards when they were renewed, for example after a change
of address. The UK Passport Service was examining the feasibility
of issuing a travel card alongside the paper passport book; the
card, which would have to comply with International Civil Aviation
Organisation and EU standards, could be used for countries where
there is no requirement for a visa or stamp on entry, such as
the EEA. Those who did not hold either a driving licence or a
passport, and did not wish to have either, could apply for a "non-driving
licence/entitlement card".
44. On 11 November 2003, following the consultation
exercise, the Home Secretary said that the Government had decided
to begin the process of building a base for a national compulsory
identity card scheme. The Home Office's paper Identity Cards:
the Next Steps argued that the Government's proposals would
help combat illegal immigration and illegal working, terrorism,
money-laundering, people-trafficking and drug-related offences,
identity fraud and fraudulent use of public services, such as
health tourism.[26] It
announced that a draft Bill would provide for further discussion.
This was published on 26 April 2004, with explanatory notes on
the clauses and a further consultation document.[27]
This document set out the aims of the Bill as follows:
- establish a database—the
National Identity Register, which will hold identity details of
those people registered and issued with a card;
- specify information that may be recorded in the
Register (including the biometric data) and the safeguards to
ensure this is only available to those with lawful authority;
- provide data-sharing powers to conduct thorough
background checks on applicants for identity cards so as to make
sure that the details they have provided are correct;
- establish powers to issue identity cards. This
includes designating existing documents (which could include passport
cards, residence permits for foreign nationals, and photocard
driving licences) as part of the identity cards scheme. It also
includes the power to issue 'plain' biometric identity cards;
- enable Regulations to be made that will specify
how an application for an identity card should be made and the
information that must be produced to support an application;
- set out the safeguards to protect an individual's
data and define the exceptional circumstances in which specified
agencies, such as security and intelligence agencies and law enforcement
agencies could have information disclosed from the Register without
an individual's consent;
- provide safeguards over "function creep"
in terms of information that may be held on the card or the Register;
- enable public and private sector organisations
to verify a person's identity by checking a card against the National
Identity Register, with the person's consent, to validate identity
and residential status before providing services;
- create new criminal offences around the misuse
of identity cards and other identity fraud issues and provide
a civil penalty for failure to notify changes affecting the accuracy
of an individual's entry on the Register;
- include enabling powers so that in the future
Regulations can be made relating to the use of the card scheme;
and
- provide a power to set a date when the scheme
would become compulsory with a requirement to register and be
issued with a card and a civil penalty for failure to register.
The Bill will provide enabling powers to establish
the identity cards scheme. Many of the detailed arrangements for
the card scheme will be determined as the identity cards programme
proceeds and the systems for issuing identity cards are designed
and procured. These detailed arrangements will be set out in regulations
made using secondary legislation provided for in the draft Identity
Cards Bill. This would include the exact format of applications
and the levels of fees to be charged." [28]
45. The consultation paper also indicated the content
of the National Identity Register:
"The Schedule lists the categories of information
that may be held on the Register, although not every item listed
need be included when the Register is established. The Schedule
includes the following information:-
- a person's full name and other names which
he or she currently or has previously used (e.g. a stage name
or maiden name);
- date and place of birth;
- address, this will include the person's principal
residence together with any other addresses at which they reside.
- fingerprints or other biometric information
such as an iris image.
- nationality (if a person holds dual nationality,
such as British and Irish, it would be possible for both to be
recorded);
- for foreign nationals, immigration status.
Personal reference numbers
- each person will have a "national
identity registration number" together with other relevant
reference numbers recorded (e.g. national insurance number or
existing passport number).
- previous details (e.g. earlier names or addresses)
will be held on the register.
- details of previous identity cards or registration
applications made by an individual will be retained on the register.
- information about any background evidence or
document checks carried out to confirm identity or to reconfirm
it when re-registering.
- security information such as an individual's
personal identification number (PIN) or a password or other information
that enables a person to identify themselves remotely would be
held on the Register.
- there would be an "audit log" held
on the Register of each occasion when an individual's identity
record has been checked." [29]
46. The likely types of identity card were also spelled
out:
"The "family" of compatible identification
cards could include:-
a passport identity card (valid for travel
and issued to British citizens);
a driving licence photocard;
a residence permit card for foreign nationals;
a special residence permit (or "registration
certificate") card for European Economic Area (EEA) nationals;
a "plain" identity card available
for those who do not qualify for or do not wish to have one of
the other cards." [30]
47. The consultation paper gave details of the parliamentary
procedure to be followed before the move to compulsion:
"The draft Bill provides for the second,
compulsory, stage of the identity cards scheme at Clause 6 by
establishing a power to make it a requirement to register. This
power would enable a date to be set at which point it would become
an obligation to register. However, this will only be brought
into force at a later date once the initial stage of the identity
cards scheme has been successfully completed and following a debate
and Vote in both Houses of Parliament. Regulations made under
this clause would be subject to the affirmative resolution procedure
but, in addition, the draft Bill provides at Clause 7 that the
Government could not table these Regulations until it has published
a full report that has been approved by both Houses of Parliament.
The Government's report would set out its case for the move to
compulsion and cover all relevant aspects of the proposal. This
report would be laid before Parliament to allow for a period of
consideration before both Houses were invited to debate and approve
(with the possibility of amendment) the Government's proposition
in the report." [31]
The Government estimated that the costs of identity
cards would be £35 for a 10 year plain card, £77 for
a passport card and £73 for a driving licence card. The Government
argued that this was only £4 more than the costs that would
have to be charged for improvements to the security of driving
licences and passports, including through biometrics, which would
anyway have to be introduced. Cards would be free to 16 year olds
and would be cheaper for those on low incomes.[32]
Aims of the Scheme
48. The Home Office's written submission to our inquiry
argued that the scheme would provide benefits in the areas of:
- tackling illegal working and
immigration abuse;
- disrupting the use of false and multiple identities
by organised criminals and those involved in terrorist activity;
- helping protect people from identity fraud and
theft;
- ensuring free public services are only used by
those entitled to them;
- enabling easier and more convenient access to
public services.[33]
It should be noted that the Home Secretary did not
argue that identity cards would by themselves resolve any of these
issues, only that they would make a contribution to their solution.[34]
49. We examine in detail how the Government believes
the scheme will achieve its stated aims in paragraphs 66-128.
22 Home Office, Entitlement Cards and Identity Fraud,
CM 5557, July 2002 Back
23
CM 5557, para 1 Back
24
CM 5557, para 2 Back
25
CM 5557, P4, p20 Back
26
Home Office, Identity Cards: The Next Steps, Cm 6020, November
2003 Back
27
Home Office, Legislation on Identity Cards: A Consultation,
Cm 6178, April 2004 Back
28
Home Office, Legislation on Identity Cards: A Consultation,
Cm 6178, April 2004, para 2.2, p 14 Back
29
Home Office, Legislation on Identity Cards: A Consultation,
Cm 6178, April 2004, para 2.9, p 16 Back
30
Cm 6178, para 2.16, p 18 Back
31
Cm 6178, para 2.52, p 25 emphasis as in original Back
32
Home Office, Legislation on Identity Cards: A Consultation,
Cm 6178, April 2004, paras 3.15-18, pp 34-5 Back
33
Ev 199 Back
34
Q 623 Back
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