S.C.D.
Amendment Paper as at
Tuesday 19th July 2005
STANDING COMMITTEE D
IDENTITY CARDS BILL
NOTE
The Amendments have been arranged in accordance with the Order of Committee [5th July].
Mr Alistair Carmichael
Tim Farron
181
Clause 19, page 17, line 32, leave out paragraphs (a) to (f) and insert 'where it is necessary in the interests of national security or the prevention or detection of serious crime'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
65
Clause 19, page 17, line 33, leave out 'prevention or'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
66
Clause 19, page 17, line 34, leave out paragraph (c).
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
67
Clause 19, page 17, line 37, leave out paragraph (d).
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
68
Clause 19, page 17, line 41, leave out paragraph (e).
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
69
Clause 19, page 17, line 43, leave out from 'numbers' to end of line 44.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
Mr Alistair Carmichael
70
Clause 19, page 17, line 45, leave out subsection (5).
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
71
Clause 19, page 18, line 5, leave out subsection (6).
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
72
Clause 20, page 18, line 45, leave out subsection (3).
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
Mr Alistair Carmichael
73
Clause 21, page 19, line 23, at end insert—
'(2A) Where subsection (2) applies, the Secretary of State shall notify the individual in writing that he has taken action under that subsection within 30 days of doing so.'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
74
Clause 21, page 19, line 32, leave out 'something' and insert 'a specified statement'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
75
Clause 21, page 19, line 33, leave out 'something' and insert 'a specified statement'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
76
Clause 21, page 19, line 36, leave out 'something' and insert 'a specified statement'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
77
Clause 22, page 20, line 3, at end insert—
| '(da) | 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;'. |
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
Mr Alistair Carmichael
78
Clause 22, page 20, line 15, at end add—
'(4) 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 Alistair Carmichael
Tim Farron
182
Page 19, line 38, leave out Clause 22.
Mr Alistair Carmichael
Tim Farron
183
Clause 23, page 20, line 26, at end insert 'and,
| (c) | notifying the individual of the fact that information has been provided.'. |
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
79
Clause 23, page 20, line 32, leave out from 'person' to end of line 34.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Ben Wallace
218
Clause 24, page 21, line 14, leave out 'The Secretary of State' and insert 'Parliament'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Ben Wallace
219
Clause 24, page 21, line 27, after 'cards', insert 'and the ID Register'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
80
Clause 24, page 21, line 28, leave out from 'Commissioner' end of line 43 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 Alistair Carmichael
Tim Farron
184
Clause 24, page 21, line 28, leave out 'do not' and insert 'shall also'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
81
Clause 24, page 21, line 29, leave out paragraphs (a) to (c).
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Ben Wallace
220
Clause 24, page 21, line 36 , after second 'service', insert 'the Chief Executive of the Serious and Organised Crime Agency'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
82
Clause 24, page 21, line 43, at end insert—
'(3A) 'The Commissioner may, where appropriate—
| (a) | before undertaking a review which include 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.'. |
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
83
Clause 24, page 22, line 8, at end insert 'to a maximum of 10 members of staff'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
Mr Alistair Carmichael
84
Clause 25, page 22, line 16, leave out from 'must' to 'State' and insert 'lay before each House of Parliament a general report'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
Mr Alistair Carmichael
85
Clause 25, page 22, line 18, 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 Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Adam Holloway
Mr Ben Wallace
86
Clause 25, page 22, line 18, leave out subsection (2).
