Standing Committee Proceedings
Tuesday 25th January 2005
STANDING COMMITTEE PROCEEDINGS
STANDING COMMITTEE B
[FIFTH AND SIXTH SITTINGS]
Negatived on division
Amendment (No. 44) proposed, in page 7, line 4, after the word 'issued' to insert the words 'free of charge'.—(Mr Humfrey Malins.)
Question proposed, That the Amendment be made.
Mr Desmond Browne
Agreed to on division
That the Order of the Committee of 18th January be amended by the substitution of the following paragraph for paragraph (3)—
| '(3) | the proceedings shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column of the following Table. |
TABLE
| Proceedings | Time for conclusion of proceedings |
| Clauses 1 to 3, Schedule 1, Clauses 4 to 11 | 11.25 a.m. on Tuesday 25th January |
| Clauses 12 to 15 | 5.30 p.m. on Tuesday 25th January |
| Clauses 16 to 19 | 9.15 a.m. on Thursday 27th January |
| Clauses 20 to 25 | 11.25 a.m. on Thursday 27th January |
| Remaining proceedings | 5.30 p.m. on Thursday 27th January'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 42
| | Clause 8, page 7, line 5, leave out 'and'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Negatived on division 43
| | Clause 8, page 7, line 7, at end insert 'and |
| (c) | is issued for the following purposes only— |
| (i) | to assist in preventing or detecting terrorist acts in the United Kingdom or elsewhere or otherwise in the interests of national security; |
| (ii) | to assist the Secretary of State in preventing or detecting serious crime; |
| (iii) | the purposes of controlling illegal immigration and enforcing immigration controls; |
| (iv) | the purpose of securing proper provision of the following public services, namely— |
(d) social security benefits.
| (1A) | In subsection (1)(c)(ii), "serious crime" has the same meaning as in section 1(1A).'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Withdrawn 88
| | Clause 8, page 7, line 9, after 'recording', insert 'prescribed'. |
| | Clause and Clauses 9 to 11 agreed to on division. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 89
| | Clause 8, page 7, line 11, after 'carrying', insert 'prescribed'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 90
| | Clause 8, page 7, line 18, leave out from 'period' to end of line 19. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 91
| | Clause 8, page 7, line 25, leave out subsection (5). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 142
| | Clause 8, page 7, line 29, leave out subsection (6) and insert— |
| '(6) | An ID card relating to an individual is not to be issued except where— |
| (a) | an application has been made by him to be entered in the Register; or |
| (b) | an application has been made by him which in the prescribed manner confirms (with or without changes) the contents of an entry already made in the Register for that individual.'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 92
| | Clause 8, page 7, line 35, leave out subsection (7). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 152
| | Clause 9, page 8, line 28, after 'allow', insert 'all of'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 94
| | Clause 9, page 8, line 36, leave out '£1000' and add '£50'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not selected 93
| | Page 8, line 10, leave out Clause 9. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 95
| | Clause 10, page 9, line 4, leave out subsection (2). |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 167
| | Clause 11, page 9, line 21, after 'it', insert 'reasonably'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 96
| | Clause 11, page 9, line 27, leave out from 'Register' to end of line 29. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 168
| | Clause 11, page 9, line 32, after 'it', insert 'reasonably'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 169
| | Clause 11, page 9, line 45, at end insert 'where that requirement is, in all the circumstances, reasonable'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Withdrawn 132
| | Clause 12, page 10, line 32, at end insert— |
| '(1A) | For the purposes of ensuring that an individual is able to comply with his duty under subsection (1), the Secretary of State must at least once every two years send in a prescribed manner to each individual to whom an ID card has been issued at his prescribed address a copy of the information recorded as at a prescribed date about that individual in the Register.'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 97
| | Clause 12, page 11, line 2, leave out paragraph (b). |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 98
| | Clause 12, page 11, line 2, leave out ', and other biometric information about himself,'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 117
| | Clause 12, page 11, line 10, after 'who', insert 'intentionally'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 100
| | Clause 12, page 11, line 11, leave out '£1000' and add '£50'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 99
| | Clause 12, page 11, line 11, at end add— |
| '(7) | The Secretary of State shall make provision for local facilities to satisfy the attendance requirements of subsection (5)(a). |
| (8) | The Secretary of State shall make provision for home visits to people unfit to travel to satisfy the requirements of subsection (5)(a).'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Withdrawn 101
| | Clause 12, page 11, line 11, at end add— |
| '(7) | The Secretary of State shall make no charge for changes to the Register required by this section.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 45
| | Clause 13, page 11, line 14, leave out from 'State' to 'if'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Withdrawn 170
| | Clause 13, page 11, line 31, at end insert— |
| '(2A) | The Secretary of State may, in an urgent case, cancel the card forthwith or otherwise give notice to the individual of an intention to do so. |
| (2B) | The Secretary of State shall send notification of his cancellation or his intention to cancel in writing to the individual who shall have the right to make representations accordingly. |
| (2C) | The Secretary of State shall review his cancellation or his intention in the light of such representations. |
| (2D) | The individual may appeal a cancellation of his ID card to the Commissioner.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 46
| | Clause 13, page 12, line 6, after 'who', insert 'unreasonably'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 102
| | Clause 13, page 12, line 7, leave out paragraph (a). |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Withdrawn 103
| | Clause 14, page 12, line 35, after 'a,' insert 'prescribed'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 171
| | Clause 14, page 12, line 35, after 'with', insert 'all of the'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 47
| | Clause 14, page 12, line 38, after 'the', insert 'written'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 104
| | Clause 14, page 12, line 38, after 'the,' insert 'informed'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 48
| | Clause 14, page 12, line 39, after 'otherwise', insert 'in writing'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 105
| | Clause 14, page 12, line 39, after 'otherwise' insert 'explicitly'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 49
| | Clause 14, page 12, line 40, at end insert 'and |
| (c) | authority or consent may extend to part only of information.'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 172
| | Clause 14, page 12, line 41, leave out subsection (2). |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 106
| | Clause 14, page 13, line 20, leave out paragraph (a). |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 107
| | Clause 14, page 13, line 21, leave out paragraph (b). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 50
| | Clause 14, page 13, line 26, leave out subsection (4). |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not moved 108
| | Clause 14, page 13, line 31, leave out 'may' and insert 'shall'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 109
| | Clause 14, page 13, line 36, leave out 'may' insert 'shall'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 51
| | Clause 14, page 14, line 6, at end add— |
| '(9) | If an individual applies to the Secretary of State for the provision to himself of all or any information recorded in his entry in the Register, it shall be the duty of the Secretary of State to supply to the individual all such information requested.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 144
| | Clause 15, page 14, line 13, leave out paragraphs (b) and (c). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 52
| | Clause 15, page 14, line 23, leave out subsection (3) and insert— |
| '(3) | Failure to produce without reasonable excuse an identity card to a police constable reasonably requiring production shall be a summary offence punishable with 6 months imprisonment or a fine or both.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 133
| | Clause 15, page 14, line 28, at end add— |
| '(4) | Nothing in this section authorises the making of regulations the effect of which would be to require a British citizen to carry or produce an ID card before such time as when all British citizens are required by virtue of section 6 to be entered in the Register.'. |
Mr David Curry
Withdrawn 188
| | Clause 16, page 14, line 38, at end insert— |
| '(1A) | The power to make regulations under section 15 may not be exercised so as to create different requirements for identity checks in different parts of the United Kingdom, except insofar as this is necessary due to differences in the public services provided.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 134
| | Clause 18, page 16, line 36, at beginning insert 'Subject to subsection (2A)'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 135
| | Clause 18, page 16, line 45, at end insert— |
| '(2A) | Subsection (2) does not authorise the imposition of such condition or requirement in relation to or on a British citizen before such time as when all British citizens are required by virtue of section 6 to be entered in the Register.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 187
| | Clause 18, page 16, line 45, at end insert— |
| '(2A) | The Secretary of State may by regulations provide further cases in which such a condition or requirement may be imposed in relation to or on an individual.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not selected 145
| | Clause 19, page 17, line 10, leave out 'Secretary of State' and insert 'Minister for Homeland Security'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Withdrawn 173
| | Clause 19, page 17, line 15, leave out subsections (2) and (3) and insert— |
| '(2) | The provision of information is authorised in this section where it is— |
| (a) | the provision of information to— |
| (i) | the Director-General of the Security Service, |
| (ii) | the Chief of the Secret Intelligence Service, |
| (iii) | the Director of the Government Communications Headquarters, |
| (iv) | the Director-General of the Serious Organised Crime Agency, or |
| (v) | a chief officer of police; and |
| (i) | in the interests of national security, or |
| (ii) | for the purposes connected with the prevention or detection of crime.'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 174
| | Clause 19, page 17, line 17, leave out 'connected with' and insert 'necessary for'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 136
| | Clause 19, page 17, line 27, at end insert 'for any of the purposes specified in subsection (2A)'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 137
| | Clause 19, page 17, line 27, at end insert— |
| '(2A) | The purposes specified in this subsection are— |
| (a) | in the interests of national security; |
| (b) | for purposes connected with the prevention or detection of crime; or |
| (c) | for other purposes specified by order made by the Secretary of State.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 53
| | Clause 19, page 17, line 32, leave out 'prevention or detection of crime' and insert 'detection of serious crime which shall mean any crime giving rise to an offence triable only on indictment'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 175
| | Clause 19, page 17, line 32, after 'of', insert 'serious'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 54
| | Clause 19, page 17, line 32, leave out from 'crime' to end of line 33. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not selected 146
| | Clause 19, page 17, line 33, leave out 'Secretary of State' and insert 'Minister for Homeland Security'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Withdrawn 176
| | Clause 19, page 17, line 37, leave out paragraphs (a) to (f) and insert 'where it is necessary in the interests of national security or the prevention or detection of serious crime'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 55
| | Clause 19, page 17, line 39, leave out 'prevention or'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 56
| | Clause 19, page 17, line 40, leave out paragraph (c). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 57
| | Clause 19, page 17, line 43, leave out paragraph (d). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 58
| | Clause 19, page 18, line 1, leave out paragraph (e). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 59
| | Clause 19, page 18, line 3, leave out from 'numbers' to end of line 4. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not selected 147
| | Clause 19, page 18, line 4, leave out 'Secretary of State' and insert 'Minister for Homeland Security'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not moved 60
| | Clause 19, page 18, line 5, leave out subsection (5). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not moved 61
| | Clause 19, page 18, line 11, leave out subsection (6). |
Mr Desmond Browne
Agreed to 153
| | Clause 19, page 18, line 26, after 'Police;' insert— |
| '( ) | the chief officer of the States of Jersey Police Force; |
| ( ) | the chief officer of the salaried police force of the Island of Guernsey;'. |
| | Clause, as amended, agreed to. |
| | [Adjourned till Thursday at 9.10 a.m. |
|
