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Mr. Deputy Speaker: The hon. Member will appreciate that the Chair is not responsible for the result of the Division. The programme motion is now in place and we must proceed with the debate.
Mr. Hogg: Further to that point of order, Mr. Deputy Speaker.
Mr. Deputy Speaker:
I have dealt with the matter sufficiently for the time being. I do not want to prolong debate on it. We should move on.
10 Feb 2005 : Column 1689
Identity Cards Bill
As amended in the Standing Committee, considered.
[Relevant document: The Fifth Report from the Joint Committee on Human Rights, Session 2004–05, on the Identity Cards Bill (House of Commons Paper No. 283).]
'(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).'.—[Mr .Malins.]
Brought up, and read the First time.
2.30 pm
Mr. Humfrey Malins (Woking) (Con): I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker (Sir Michael Lord): With this it will be convenient to discuss the following: New clause 5—Commencement and continuation in force of certain provisions of this act—
'(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,
10 Feb 2005 : Column 1690
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.'.
Amendment No. 1, in page 1, line 2, leave out clause 1.
Amendment No. 42, in clause 1, page 2, line 10, leave out 'previously'.
Amendment No. 11, in clause 1, page 2, line 11, at end insert
'during the previous five years'.
Amendment No. 43, in clause 1, page 2, line 12, after 'resident', insert
'during the previous three years'.
Amendment No. 2, in clause 3, page 4, line 8, leave out 'statutory purposes' and insert
'purposes of the National Identification Scheme specified in section [National Identification Scheme]'.
Amendment No. 3, in clause 3, page 4, line 14, leave out 'statutory purposes' and insert
'purposes of the National Identification Scheme specified in section [National Identification Scheme]'.
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