Amendment Paper as at
Thursday 10th February 2005
CONSIDERATION OF BILL
IDENTITY CARDS BILL, AS AMENDED
NOTE
The Amendments have been arranged in accordance with the Identity Cards (Programme) (No. 2) Motion in the name of Mr Secretary Clarke and Mr Peter Hain.
NEW CLAUSES RELATING TO THE PURPOSES AND SCOPE OF REGISTRATION AND IDENTITY CARDS
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—
| (b) | his date and place of birth, |
| (d) | his current residential status (which shall mean his nationality and his entitlement to remain in the United Kingdom).'. |
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—
| (d) | sections 15 to 17, and |
(2) The provisions of this Act to which this section applies may only—
| (a) | be brought into force, and |
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.'.
NEW CLAUSE RELATING TO THE NATIONAL IDENTITY
SCHEME COMMISSIONER
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.'.
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
20
Page 21, line 15 [Clause 24], leave out third 'and'.
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
21
Page 21, line 16 [Clause 24], at end insert 'and
| (e) | the workings of the Identity Card Scheme and the Register including complaints made to him in relation thereto.'. |
Mr Richard Allan
Mr Mark Oaten
49
Page 21, line 16 [Clause 24], at end insert—
| '(e) | the costs incurred by individuals as a result of their duties under this Act or the subordinate legislation made under it; and |
| (f) | the extent to which ID cards represent value for money.'. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
15
Page 21, line 17 [Clause 24], 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.'. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
23
Page 21, line 18 [Clause 24], leave out paragraphs (a) to (c).
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
16
Page 21, line 33 [Clause 24], 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.'. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
24
Page 21, line 45 [Clause 24], at end insert 'to a maximum of ten members of staff'.
Mr Secretary Clarke
56
Page 21, line 45 [Clause 24], at end insert—
'( ) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities for the purposes of that Act), at the appropriate place, insert—
"The National Identity Scheme Commissioner.".'.
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
17
Page 21, line 46 [Clause 24], after 'section', insert—
'"Information Commissioner" means the Commissioner established by the Data Protection Act 1998 (c. 29);'.
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
18
Page 21, line 47 [Clause 24], at end insert—
'"personal data" has the same meaning as in section 1 of the Data Protection Act 1998 (c. 29).'.
