Standing Committee Proceedings
Thursday 27th January 2005
STANDING COMMITTEE PROCEEDINGS
STANDING COMMITTEE B
IDENTITY CARDS BILL
[SEVENTH AND EIGHTH SITTINGS]
Mr Desmond Browne
Agreed to
That the Order of the Committee of 18th January be further amended by the substitution, in the Table in paragraph (3), of '6.30 p.m. on Thursday 27th January' for '5.30 p.m. on Thursday 27th January'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not selected 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
Not selected 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
Not selected 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
Not selected 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
Not selected 207
| | Clause 20, page 18, line 38, leave out 'not'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 211
| | Clause 20, page 18, line 43, leave out subsection (3). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not selected 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
Not selected 213
| | Clause 21, page 19, line 17, leave out 'without' and insert 'with'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Negatived on division 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
Not called 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
Withdrawn 218
| | Clause 21, page 19, line 31, leave out 'something' and insert 'a specified statement'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 219
| | Clause 21, page 19, line 32, leave out 'something' and insert 'a specified statement'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 220
| | Clause 21, page 19, line 35, leave out 'something' and insert 'a specified statement'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not selected 214
| | Clause 22, page 19, line 39, leave out 'without' and insert 'with'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 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
Withdrawn 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
Not selected 178
| | Page 19, line 37, leave out Clause 22. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 179
| | Clause 23, page 20, line 14, leave out 'and'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 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
Withdrawn 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
Not selected 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'. |
| | Clause and Clauses 24 and 25 agreed to on division. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 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
Not called 181
| | Clause 24, page 21, line 17, leave out 'do not' and insert 'shall also'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 149
| | Clause 24, page 21, line 18, leave out paragraphs (a) to (c). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 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
Not called 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
Not called 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
Not called 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
Not selected 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.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 139
| | Clause 25, page 22, line 3, leave out 'make a report to the Secretary of State' and insert 'lay before each House of Parliament a general report'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 64
| | Clause 25, page 22, line 3, leave out 'the Secretary of State' and insert 'Parliament'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not selected 217
| | Clause 25, page 22, line 4, at end insert— |
| '(1A) | Such report must inter alia have a section dealing with the issue of obtaining value for money.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 65
| | Clause 25, page 22, line 5, leave out subsection (2). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 140
| | Clause 25, page 22, line 5, leave out subsections (2) to (5) and insert— |
| '(2) | The Commissioner may also, at any time, lay before each House of Parliament such other reports on any matter relating to the carrying out of those functions as the Commissioner thinks fit.'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 183
| | Clause 25, page 22, line 5, leave out from 'report' to end of line 7 and insert 'on any matter relating to the carrying out of those functions as the Commissioner thinks fit.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 66
| | Clause 25, page 22, line 8, leave out subsection (3). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 221
| | Clause 25, page 22, line 8, leave out 'annual'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 184
| | Clause 25, page 22, line 8, leave out subsections (3) to (5). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 216
| | Clause 25, page 22, line 9, at end insert 'and (2)'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 123
| | Clause 25, page 22, leave out lines 12 to 15 and insert 'would cause substantial harm to the public interest'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 67
| | Clause 25, page 22, line 12, leave out from 'security' to end of line 15. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 62
| | Clause 25, page 22, line 12, at end insert 'serious'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 63
| | Clause 25, page 22, line 13, leave out from 'crime' to 'or' in line 14. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 150
| | Clause 25, page 22, line 14, leave out from 'authority' to end of line 15. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not moved 195
| | Clause 27, page 23, line 17, at end insert 'unless he has reasonable cause to be in possession of that document'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 222
| | Clause 27, page 23, line 17, at end insert 'unless he has that person's permission and has good reason to have that document in his possession.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 233
| | Clause 27, page 24, line 2, leave out 'ten' and insert 'twelve'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 234
| | Clause 27, page 24, line 6, leave out 'two' and insert 'four'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 196
| | Clause 27, page 24, line 8, leave out 'twelve' and insert 'six'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 197
| | Clause 28, page 24, line 29, leave out 'or purports to be'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 232
| | Clause 28, page 24, line 41, leave out from 'licence' to end of line 43. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 223
| | Clause 28, page 24, line 43, at end insert— |
| '(i) | an official Birth Certificate.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 230
| | Clause 29, page 25, line 24, after first 'he', insert 'knowingly or recklessly'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 231
| | Clause 29, page 25, line 26, after 'he', insert 'knowingly or recklessly'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 198
| | Clause 29, page 25, line 32, after 'issue', insert 'manufacture'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 229
| | Clause 29, page 25, line 38, leave out paragraph (c). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 141
| | Clause 29, page 25, line 44, at and insert— |
| '(4A) | It is also a defence for a person charged with an offence under this section to show that the provision of information or the making of the other disclosure in question was in the public interest.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 228
| | Clause 30, page 26, line 15, leave out from 'false' to end of line 16. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 199
| | Clause 30, page 26, line 19, leave out 'two years' and insert 'one year'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 200
| | Clause 30, page 26, line 21, leave out 'twelve' and insert 'six'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 201
| | Clause 31, page 27, line 3, leave out subsection (4). |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 202
| | Clause 31, page 27, line 17, leave out 'twelve' and insert 'six'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 226
| | Clause 33, page 28, line 36, after 'notice', insert 'in writing'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 38
| | Clause 33, page 28, line 45, at end insert 'including methods by which payment may be made by instalments'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 224
| | Clause 33, page 29, line 4, at end insert— |
| '(g) | set out the grounds of objection to such a penalty contained in section 34.'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 39
| | Clause 33, page 29, line 5, leave out '14' and insert '28'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 227
| | Clause 33, page 29, line 12, after 'question', insert 'save a question of proper service of the notice'. |
Mr Desmond Browne
Agreed to 189
| | Clause 33, page 29, line 14, after 'penalty' insert— |
| '( ) | whether the imposition of the penalty was unreasonable;'. |
| | Clause, as amended, agreed to. |
Mr Desmond Browne
Agreed to 190
| | Clause 34, page 29, line 20, leave out 'both' and insert 'more'. |
Mr Desmond Browne
Agreed to 191
| | Clause 34, page 29, line 22, at end insert— |
| '( ) | that the circumstances of the contravention in respect of which he is liable make the imposition of a penalty unreasonable;'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not moved 203
| | Clause 34, page 29, line 23, at end insert— |
| '(c) | a misidentification has occurred.'. |
| | Clause, as amended, agreed to. |
Mr Desmond Browne
Agreed to 192
| | Clause 35, page 30, line 6, leave out 'both' and insert 'more'. |
Mr Desmond Browne
Agreed to 193
| | Clause 35, page 30, line 7, leave out 'or' and insert— |
| '( ) | that the circumstances of the contravention in respect of which he is liable make the imposition of a penalty unreasonable;'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 40
| | Clause 35, page 30, line 14, leave out 'or'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 41
| | Clause 35, page 30, line 15, at end insert 'or |
| (d) | increase the penalty.'. |
| | Clause, as amended, agreed to. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not selected 225
| | Clause 37, page 31, line 13, at end insert 'which shall be the same for every citizen throughout the United Kingdom'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not called 186
| | Clause 37, page 31, line 24, at end insert— |
| | 'but no fee shall be imposed for a card issued in consequence of an order by the Secretary of State for compulsory registration.'. |
Mr Richard Allan
Mr Alistair Carmichael
Mr Mark Oaten
Not selected 185
| | Page 31, line 9, leave out Clause 37. |
| | Clauses 38 to 42 agreed to. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not selected 205
| | Clause 43, page 35, line 32, leave out 'in particular'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not selected 204
| | Clause 43, page 35, line 33, at end insert 'and does not include DNA data'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 124
| | Clause 43, page 35, line 40, at end insert— |
| | '"consent", in relation to a particular individual, shall mean any freely given specific and informed indication of that individual's wishes by which he signifies his agreement to the use of his ID card or the access to, or provision of, information contained in his entry in the Register;'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 116
| | Clause 43, page 36, line 16, at end insert— |
| | '"Information Commissioner" means the Commissioner established by the Data Protection Act 1998 (c. 29);'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 114
| | Clause 43, page 36, line 20, at end insert— |
| | '"personal data" has the same meaning as in section 1 of the Data Protection Act 1998 (c. 29);'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 2
| | Clause 43, page 36, line 32, after first 'crime', insert '(other than in section 1(4A))'. |
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Withdrawn 110
| | Clause 45, page 38, line 9, after 'the', insert 'National Registration and'. |
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