S.C.B.
Amendment Paper as at
Thursday 27th January 2005
STANDING COMMITTEE B
IDENTITY CARDS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [18th January 2005].
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
148
Clause 20, page 18, line 33, leave out 'Secretary of State' and insert 'Minister for Homeland Security'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
209
Clause 20, page 18, line 34, after 'Register', insert 'but that individual must be informed on each and every occasion that the provisions of this section are implemented'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
208
Clause 20, page 18, line 37, at end insert 'and
| (c) | whenever such information is provided an entry shall be made in the Register to comply with the provisions of paragraph 9 of Schedule 1.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
210
Clause 20, page 18, line 37, at end insert—
'(1A) The individual who is informed under the provisions of this section may appeal to the County Court that the provision of information under this section is unlawful and breaches his human rights under the Human Rights Act 1998.'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
207
Clause 20, page 18, line 38, leave out 'not'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
211
Clause 20, page 18, line 43, leave out subsection (3).
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
212
Clause 21, page 19, line 16, at end insert—
'(1A) Where this section applies the individual concerned must be informed.'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
213
Clause 21, page 19, line 17, leave out 'without' and insert 'with'.
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
177
Clause 21, page 19, line 22, at end insert—
'(2A) In such a case, the Secretary of State shall notify the individual in writing that he has taken action under subsection (2).'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
194
Clause 21, page 19, line 22, at end insert—
'(2A) The Secretary of State shall notify the individual concerned in writing and within 30 days.'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
218
Clause 21, page 19, line 31, leave out 'something' and insert 'a specified statement'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
219
Clause 21, page 19, line 32, leave out 'something' and insert 'a specified statement'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
220
Clause 21, page 19, line 35, leave out 'something' and insert 'a specified statement'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
214
Clause 22, page 19, line 39, leave out 'without' and insert 'with'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
118
Clause 22, page 19, line 45, at end insert—
| '(ca) | any disclosure of information which results or would result in interference with an individual's private and family life is proportionate, and is for the purpose of— |
| (i) | the protection of public safety or public health, or |
| (ii) | the protection of the rights and freedoms of others;'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
138
Clause 22, page 20, line 6, at end add—
'(3) No draft order containing a provision that the Secretary of State is authorised to make by this section is to be laid before Parliament unless—
| (a) | the Secretary of State has prepared and published a report containing a proposal for the making of such provision; |
| (b) | the report sets out the Secretary of State's reasons for making the proposal; |
| (c) | the report has been laid before Parliament and each House has approved the proposal contained in the report, either with or without modifications; and |
| (d) | the draft order gives effect to the proposal so far as approved by both Houses.'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
178
Page 19, line 37, leave out Clause 22.
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
179
Clause 23, page 20, line 14, leave out 'and'.
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
180
Clause 23, page 20, line 17, at end insert 'and
| (c) | notifying the individual of the fact that the information has been provided.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
215
Clause 23, page 20, line 23, leave out from 'person' to end of line 25.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
206
Clause 23, page 20, line 41, after 'regulations', insert 'subject to a requirement that he must be at least of the rank of Inspector or its equivalent'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
119
Clause 24, page 21, line 17, leave out from 'Commissioner' to end of line 33 and insert 'include general policy matters, but do not include—
| (a) | the exercise of powers which under this Act are exercisable by statutory instrument or by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573 (N.I.12)) unless any particular case affected by these powers or rules raises a concern of substantial public interest; |
| (b) | the imposition of civil penalties, objections to such penalties or appeals against them, unless a particular penalty, objection or appeal raises a concern of substantial public interest; |
| (c) | the operation of so much of this Act or of any subordinate legislation as imposes or relates to criminal offences in any particular case, unless a particular case raises a concern of substantial public interest; |
| (d) | the provision of information to the Director-General of the Security Service, the Chief of the Secret Intelligence Service or the Director of the Government Communications Headquarters in any particular case, unless the provision of information in any particular case raises a concern of substantial public interest; or |
| (e) | the provision to another member of the intelligence services, in accordance with regulations under section 23(5), of information that may be provided to that Director-General, Chief or Director in any particular case, unless the provision of information in any particular case raises a concern of substantial public interest.'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
181
Clause 24, page 21, line 17, leave out 'do not' and insert 'shall also'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
149
Clause 24, page 21, line 18, leave out paragraphs (a) to (c).
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
120
Clause 24, page 21, line 33, at end insert—
'(3A) The Commissioner may, where appropriate—
| (a) | before undertaking a review which includes the policy towards the provision of information to the Director-General of the Security Service, the Chief of the Secret Intelligence Service or the Director of the Government Communications Headquarters, liaise with the Intelligence Services Commissioner with a view to referring responsibility for that review to that Commissioner, or |
| (b) | liaise with the Information Commissioner in relation to any processing of personal data.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
151
Clause 24, page 21, line 45, at end insert 'to a maximum of 10 members of staff'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
121
Clause 24, page 21, line 46, after 'section', insert—
'"Information Commissioner" means the Commissioner established by the Data Protection Act 1998 (c. 29);'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
122
Clause 24, page 21, line 47, at end add—
'"personal data" has the same meaning as in section 1 of the Data Protection Act 1998 (c. 29);'.
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
182
Clause 25, page 22, line 2, leave out subsection (1) and insert—
'(1) The Commissioner shall lay annually a report before both Houses of Parliament on the carrying out of the Commissioner's functions under this Act.'.
