Report Stage Proceedings
Thursday 10th February 2005
REPORT STAGE PROCEEDINGS
IDENTITY CARDS BILL, AS AMENDED
NEW CLAUSES RELATING TO THE PURPOSES AND SCOPE OF REGISTRATION AND IDENTITY CARDS
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Negatived on division 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).'. |
David Winnick
Mr Kevin McNamara
Not called 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
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Negatived on division 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
Not called 20
| | Page 21, line 15 [Clause 24], leave out third 'and'. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 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
Not selected 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
Not called 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
Not called 23
| | Page 21, line 18 [Clause 24], leave out paragraphs (a) to (c). |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 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
Not called 24
| | Page 21, line 45 [Clause 24], at end insert 'to a maximum of ten members of staff'. |
Mr Secretary Clarke
Agreed to 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
Not called 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
Not called 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).'. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Negatived on division 26
| | Page 22, line 3 [Clause 25], leave out from 'must' to 'about' and insert 'lay before each House of Parliament a general report'. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 27
| | Page 22, line 5 [Clause 25], 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.'. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 28
| | Page 22, line 5 [Clause 25], leave out subsection (2). |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 29
| | Page 22, line 8 [Clause 25], leave out subsection (3). |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 35
| | Page 22, line 8 [Clause 25], leave out 'annual'. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 36
| | Page 22, line 9 [Clause 25], at end insert 'and (2)'. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 38
| | Page 22 [Clause 25], leave out lines 12 to 15 and insert 'would cause substantial harm to the public interest'. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 37
| | Page 22, line 12 [Clause 25], leave out from 'security' to end of line 15. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 39
| | Page 22, line 12 [Clause 25], at end insert 'serious'. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 40
| | Page 22, line 13 [Clause 25], leave out from 'crime' to 'or' in line 14. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not called 25
| | Page 22, line 14 [Clause 25], leave out from 'authority' to end of line 15. |
REMAINING NEW CLAUSES
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Not selected 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.'. |
David Davis
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Negatived 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).'. |
Mr Richard Allan
Mr Alistair Carmichael
Lynne Jones
John McDonnell
Jeremy Corbyn
Not called 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).'. |
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