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Index of Amendments

          

NOTICES OF AMENDMENTS

given up to and including

Tuesday 8th February 2005


New Amendments handed in are marked thus *

CONSIDERATION OF BILL

IDENTITY CARDS BILL, AS AMENDED


NEW CLAUSES

National Identification Scheme

   

David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

NC1

To move the following Clause:—

    '(1)   The Secretary of State shall establish a National Identification Scheme ("the Scheme") consisting of—

      (a) a register of individuals ("the Register"), and

      (b) the provision of Identity Cards to individuals.

    (2)   The purposes of the Scheme are confined to—

      (a) enabling individuals to establish their identity to others by providing registrable facts about themselves, and

      (b) enabling others to be able to establish the identity of individuals whenever that is necessary in the public interest.

    (3)   Something is necessary in the public interest if and only if it is—

      (a) of assistance to the Secretary of State in the preventing or detecting terrorist acts in the United Kingdom or elsewhere or otherwise in the interests of national security,

      (b) for the purposes of controlling illegal immigration and enforcing immigration controls,

      (c) of assistance to the Secretary of State in preventing or detecting crime save crime which gives rise to offences triable only summarily, or

      (d) for the purposes of securing proper provision of public services.

    (4)   In this Act "registrable fact", in relation to an individual, means and is limited to it—

      (a) his full name,

      (b) his date and place of birth,

      (c) his address, and

      (d) his current residential status (which shall mean his nationality and his entitlement to remain in the United Kingdom).'.


Scrutiny by Government Chief Scientific Adviser

   

David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

NC2

To move the following Clause:—

       'The Government's Chief Scientific Adviser shall, within 12 months of the passing of this Act, lay before each House of Parliament a report on the reliability and security of the biometrics and technology chosen to implement the provisions of this Act relating to the Register and to ID cards.'.


Disclosure from the Register: unlawful activities

   

David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

NC3

To move the following Clause:—

    '(1)   This section shall have effect in relation to any disclosure from the Register which is authorised by provisions in sections 19 to 23.

    (2)   It shall be unlawful for any person who obtains information about an individual from the Register to retain copies of that information for the purpose of duplicating the Register or part of the Register.

    (3)   It shall be unlawful for any person who obtains information about a particular individual from the Register to disclose that information about that individual to another public authority unless an entry relating to that disclosure is recorded in the Register for that individual.

    (4)   It shall be unlawful for any person who obtains information about a particular individual from the Register to disclose that information about that individual to another person for his (the second person's) purpose where the other person is not authorised to obtain that information directly from the Register.

    (5)   The term "connected with" shall not be construed as meaning that the connection with a particular event is remote or unlikely, but to the contrary, that the connection with an event is significant or that failure to obtain the information from the Register could prejudice an investigation into that event.

    (6)   The phrase "in the interests of national security" shall be construed as meaning that failure to obtain the information from the Register would cause prejudice to the objective of safeguarding national security.

    (7)   Any person who obtains information from the Register shall take all reasonable steps to ensure that any obtaining, use or disclosure of the information is consistent with the requirements of the Human Rights Act 1998 (c. 42).'.


Application of Freedom of Information Act

   

David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

NC4

To move the following Clause:—

    '(1)   The following provisions shall have effect in relation to reports and information which have been prepared in relation to this Act.

    (2)   The Commissioner is a public authority under the Freedom of Information Act 2000 (c. 36).

    (3)   In relation to requests for information to the Commissioner under the Freedom of Information Act 2000, the exemptions in sections 35 (formulation of Government policy) and 36 (prejudice to effective conduct by public affairs) of that Act cannot be applied.

    (4)   In relation to requests for information to the Commissioner under the Freedom of Information Act 2000, any exemption which was considered subject to the provisions in section 23 (information relating to bodies dealing with security matters) shall instead be treated as if the exemption were subject to section 24 (national security) of that Act.'.


Commencement and continuation in force of certain provisions of this Act

   

David Winnick
Mr Kevin McNamara

NC5

To move the following Clause:—

    '(1)   This section applies to the following provisions of this Act—

      (a) section 5(2) to (6),

      (b) sections 6 and 7,

      (c) section 9,

      (d) sections 15 to 17, and

      (e) sections 19 to 22.

    (2)   The provisions of this Act to which this section applies may only—

      (a) be brought into force, and

      (b) continue in force,

       in accordance with the provisions of an order under this section.

    (3)   The Secretary of State may not make an order under this section unless he is satisfied that either the conditions in subsection (4) or the conditions in subsection (5) are met.

    (4)   The conditions in this subsection are that—

      (a) an emergency within the meaning of Part 2 of the Civil Contingencies Act 2004 (c. 36) has occurred, is occurring or is about to occur, and

      (b) it is necessary to make arrangements under the provisions of this Act to which this section applies for the purpose of preventing, controlling or mitigating an aspect or effect of the emergency.

    (5)   The conditions in this subsection are that—

      (a) a public emergency within the meaning of Article 15(1) of the European Convention on Human Rights exists in the United Kingdom, and

      (b) it is necessary to make arrangements under the provisions of this Act to which this section applies for the purpose of preventing, controlling or mitigating an aspect or effect of the public emergency.

    (6)   The Secretary of State may not make an order under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

    (7)   No order under this section may provide for the continuation in force of a provision of this Act to which this section applies for more than a period of twelve months.'.


The Register and CCTV system

   

Mr Richard Allan
Mr Alistair Carmichael

NC6

*To move the following Clause:—

       'Use of the National Identity Register in conjunction with CCTV systems shall be considered to be directed surveillance for the purposes of Part 2 of the Regulation of Investigatory Powers Act 2000 (c. 23).'.


   

David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

1

Page     1,     line     2,     leave out Clause 1.


   

Mr Richard Allan
Mr Mark Oaten

42

Page     2,     line     10     [Clause     1],     leave out 'previously'.

   

David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

11

Page     2,     line     11     [Clause     1],     at end insert 'during the previous five years'.

   

Mr Richard Allan
Mr Mark Oaten

43

Page     2,     line     12     [Clause     1],     after 'resident', insert 'during the previous three years'.


   

David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

2

Page     4,     line     8     [Clause     3],     leave out 'statutory purposes' and insert 'purposes of the National Identification Scheme specified in section [National Identification Scheme]'.

   

David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

3

Page     4,     line     14     [Clause     3],     leave out 'statutory purposes' and insert 'purposes of the National Identification Scheme specified in section [National Identification Scheme]'.

   

Mr Secretary Clarke

52

Page     4,     line     29     [Clause     4],     at end insert—

    '( )   The Secretary of State must not make an order containing (with or without other provision) any provision designating a description of documents for the purposes of this Act unless a draft of the order has been laid before Parliament and approved by a resolution of each House.'.

   

Mr Richard Allan
Mr Mark Oaten

44

Page     4,     line     43     [Clause     5],     at end insert—

      '(d) state that the individual does not consent to be included in the Register on the basis of the application.'.


   

David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

4

Page     5,     line     21     [Clause     5],     leave out 'statutory purposes' and insert 'purposes of the National Identification Scheme specified in section [National Identification Scheme]'.

 
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Prepared 8 Feb 2005