55. Supplementary memorandum
submitted by the Police Federation of England and Wales
DRAFT IDENTITY CARD BILL: A POLICING PERSPECTIVE
1. BACKGROUND
1.1 The Police Federation of England and
Wales—the voice of the police service—is the representative
body for over 95% of police officers. Established by statute,
we are responsible not only for the welfare of officers but also
the provision of an efficient police service.
1.2 We welcome the opportunity to submit
further evidence to the Home Affairs Committee (HAC) following
our previous written[109]
and oral evidence[110]
and hope our views assist the committee in their scrutinisation
of the bill. This response has been prepared specifically for
the HAC, although viewpoints and sections within it may be reproduced
at a later date in our formal response to the Government. If required,
we would be happy to give further oral evidence at a later date
to aid the HAC in its inquiry.
1.3 In line with the Government's own consultation,
this briefing covers both the general scope and specific clauses
within the Bill, in addition to reaffirming specific observations
expressed in our previous evidence.
2. INTRODUCTION
2.1 The Police Federation of England and
Wales has supported identity cards for over a decade, hence we
fully welcome the Government's decision to publish a draft identity
card bill.
2.2 The success of any identity card scheme
will be entwined with the relative depth of public understanding,
confidence and support. We therefore recognise the advantages
of a phased introduction, especially bearing in mind prerequisite
technological developments. Nevertheless, in time, it is our preference
for the introduction of a universally held compulsory identity
card.
3. GENERAL OBSERVATIONS
3.1 A recurring theme in our evidence, both
written and oral, has been to stress the need to maintain perspective.
This applies equally to both those in support of identity cards
and those who oppose. It is therefore disconcerting that public
debates since the publication of the draft bill have frequently
centred on over-simplistic arguments, for instance, as to whether
identity cards will, or will not, defeat terrorism.
3.2 We do not intend to repeat all the advantages
to police officers from our previous written and oral evidence,
however given the specious nature that has characterised some
public debates, we would like to reiterate our views on a number
of key issues:
3.2.1 Terrorism
There is a danger that the advantages of identity
cards vis-a"-vis fighting terrorism are undermined
in the public's eyes due to the inaccurate and defunct platitudes
repeated by some opposed to the cards. Supporters of identity
cards have been repeatedly criticised for exaggerating the positive
effects they will bring, yet this is an indisputable falsehood.
As recognised in the consultation document, identity cards are
not a panacea. Whilst they prevented neither 9-11 nor the Madrid
bombings, it is equally pertinent that identity cards were a vital
link in the Spanish police's investigation that successfully led
to the suspects, thereby perhaps preventing further atrocities.
3.2.2 Stop and search
To some, stop and search is synonymous with
racism in the police service, and it is an issue with which the
Police Federation takes very seriously. Unfortunately, the perceived
injustices of stop and search are seen as a reason to oppose identity
cards. We therefore believe it is vital that the following points
are borne in mind:
— First and foremost, the Draft Identity
Card Bill will not expand a police officer's powers to stop or
search suspicious individuals[111].
— An individual in possession of an
identity card stopped by police would be able to quicker satisfy
the officer as to their identity, thereby speeding up the process.
— In many circumstances this would
prevent the need for the individual to accompany the officer to
the police station until their identity is ascertained, thus aiding
the individual, the officer, and by extension, the public (as
less police time would be wasted).
— Finally, the issue of identity cards
with regard to racism is wholly tangential. Racism in the police,
and within society as a whole, is a highly complex issue. Racist
police officers could discriminate with or without identity cards,
indeed monitoring of all stop and searches is in the process of
being introduced and identity cards would aid this process. In
reality, the cards would allow for easier monitoring of disproportionality
and the background of those individuals stopped and searched.
The solution for racism in public services such as the police
will therefore be found elsewhere, in recruitment, working practices
and diversity training. It will not hinge on a four by three inch
card.
3.2.3 Multiplicity of benefits
Identity cards have been promoted in a wide
variety of contexts, ranging from combating terrorism (see 3.2.1)
and people trafficking, to accessing public services and tackling
identity fraud. Interest groups and government alike have variously
championed these benefits but the response from some quarters,
especially within sections of the media, has been scepticism due
to a perception that the shift in justification for ID cards merely
masks political opportunism. This perception should detract in
no way from the overwhelming case for introducing identity cards.
Indeed, the wide range of benefits they would bring should bolster,
not diminish, the case for their introduction. It is therefore
vital that these advantages are clearly and accurately communicated
to the public so that they are made fully aware of the potential
benefits to both themselves and the wider community.
3.2.4 Estimated cost
A point frequently raised in response to support
for identity cards amongst the police service, is how the estimated
£3 billion could be spent elsewhere in the criminal justice
system. It should be borne in mind that the oft-quoted opportunity
cost figure of identity cards—an extra 60,000 police officers—is
only based on a one year basis. Moreover, the issue of trade-offs
totally misses an underlying issue: the absence of an identity
card scheme is a significant encumbrance to all existing police
officers.
4. GENERAL SCOPE
OF THE
DRAFT IDENTITY
CARD BILL
4.1 By definition, the draft identity card bill
is only a condensed version of a full bill. We look forward to
the publication of a more detailed substantive bill and are happy
to work with those drafting it.
4.2 Listed below are a number of our initial
thoughts following the publication of the draft bill.
Biometrics
4.3 We fully support the proposal for identity
cards to include a combination of two biometrics. We are satisfied
that this will both ensure the prerequisite security for the individual
and maintain the integrity of the system.
National Identity Scheme Commissioner
4.4 We support the appointment of a Commissioner
to review the use of powers by the Secretary of State under the
Act. We hope the creation of an independent watchdog will assuage
fears that some individuals may harbour over the handling of data.
Civil penalties
4.5 In the event of identity cards becoming
compulsory, we support the issue of the proposed limited £2,500
civil penalty to individuals failing to register. It should be
noted that it would be a laborious task for the police to track
down individuals refusing to pay fines or with invalid cards eg
out of date.
Disclosures
4.6 It is essential that clear demarcation exist
between those who have the right to ask to see identification
and those who have the right to demand to see identification.
Any resultant bill must ensure no confusion exists.
Conclusion
5.1 Identity cards would in effect be a
modern birth certificate, modernising working practices and helping
to protect our security. There are compelling justifications for
identity cards and the draft bill only strengthens our desire
to see a more substantive bill introduced forthwith.
May 2004
109 Identity Cards: a Policing Perspective, January
2004. Back
110
Jan Berry, Chairman Police Federation of England and Wales uncorrected
oral evidence to the HAC, 10 February 2004 http://www.publications.parliament.uk/pa/cm200304/cmselect/cmhaff/uc130-iii/uc13002.htm Back
111
See paragraph 3.14 of Legislation on Identity Cards: A Consultation. Back
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