Amendment Paper as at
Tuesday 18th October 2005
CONSIDERATION OF BILL
New Amendments handed in are marked thus *
IDENTITY CARDS BILL, AS AMENDED
NEW CLAUSES
Procedure for procurement of the Register
Mr Mark Todd
Lynne Jones
NC1
To move the following Clause:—
'(1) The Secretary of State must not make an order containing (with or without other provision) any provision for procurement of the Register unless—
| (a) | a draft of the order has been laid before Parliament and approved by a resolution of each House; and |
| (b) | each of the resolutions for approving the draft was agreed more than 60 days after the day on which the draft was laid before the House in question. |
(2) No draft order containing provision for procurement of the Register 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; |
| (i) | the Secretary of State's reasons for making the proposal, |
| (ii) | the costs and benefits of establishing and maintaining the Register, |
| (iii) | the calculations underlying assumptions on likely savings, and |
| (iv) | the methodologies relating to risk analysis and management control in respect of information technology; |
| (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. |
(3) An approval given in either House satisfies the requirements of subsection (2)(c) only if it was given in that House on the first occasion on which a motion for the approval of the proposal was made in that House by a Minister of the Crown after—
| (a) | the laying of the report; or |
| (b) | if more than one report containing that proposal has been laid before that House, the laying of the one laid most recently. |
(4) In reckoning a period of 60 days for the purposes of subsection (1), no account shall be taken of a day for which—
| (a) | Parliament is dissolved or prorogued; or |
| (b) | the House in question is adjourned as part of an adjournment of more than four days.'. |
Unauthorised use of information
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Ben Wallace
NC2
*To move the following Clause:—
'(1) A person is guilty of an offence if, without lawful authority, he uses or stores or causes to be used or stored as a searchable index, key or record reference in any information retrieval system any information listed in section 4 of Schedule 1.
(2) For the purposes of this section a person shall have lawful authority to store or use information listed in section 4 of Schedule 1 if the information is used or stored in such a manner that it can be used only by properly authorised persons for a relevant purpose and the use is either—
| (a) | the establishment or maintenance of the Register; |
| (b) | the issue, modification, cancellation or surrender of ID cards; |
| (c) | the Commissioner's functions; |
| (d) | by a designated documents authority and relates to an application for or the issue, cancellation or surrender of the designated documents for which that authority is responsible; |
| (e) | a purpose for which the information has been provided to the person in accordance with section 19 or section 20; |
| (f) | the verification of registrable facts under this Act where provision is made for the information to be deleted as soon as reasonably possible after the verification is complete and in any event within 28 days of being recorded; |
| (g) | by police for the detection of crime; |
| (h) | in pursuance of an order or direction of a court or of a tribunal established under any enactment; or |
| (i) | necessary for the person to comply with a requirement on him imposed by or under any enactment. |
(3) Where a person guilty of an offence under this section is a body corporate or public authority then any real person by whose instructions or under whose purported authority the unauthorised use or storage took place shall be liable.
(4) A person guilty of an offence under this section shall be liable on conviction for a term not exceeding two years or to a fine, or to both.'.
Mr Alistair Carmichael
Mr Mark Oaten
Tim Farron
21
Page 1, line 2 [Clause 1], leave out from beginning to end of line 4 and insert—
| | | 'National Passport Register |
(1) It shall be the duty of the Secretary of State to establish and maintain a register of individuals to whom passports are issued (to be known as "the National Passport Register").'.
Mr Alistair Carmichael
Mr Mark Oaten
Tim Farron
22
Page 1, line 7 [Clause 1], leave out subsection (3) and insert—
'(3) The statutory purpose is to facilitate, by the maintenance of a record of registrable facts about individuals in the United Kingdom to whom passports are issued, a secure and reliable method for registrable facts to be verified for the purpose of issuing passports.'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Ben Wallace
8
Page 1, line 10 [Clause 1], after 'others', insert 'who reasonably require proof'.
Mr Alistair Carmichael
Mr Mark Oaten
Tim Farron
23
Page 1, line 14 [Clause 1], leave out subsection (4).
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Ben Wallace
9
Page 1, line 16 [Clause 1], leave out from beginning to end of line 6 on page 2 and insert—
| '(a) | of assistance to the Secretary of State in preventing or detecting terrorist acts in the United Kingdom or elsewhere or otherwise in the interests of national security; |
| (b) | of assistance to the Secretary of State in preventing or detecting serious crime; |
| (c) | for the purposes of controlling illegal immigration and enforcing immigration controls; or |
| (d) | for the purpose of securing proper provision of relevant public services. |
(4A) For the purposes of subsection(4)—
"relevant public services" means the provision of—
"serious crime" means crime giving rise to an offence triable only on indictment.'.
Mr Edward GarnierPatrick Mercer
Mr Ben Wallace
Mr Tobias Ellwood
6
Page 1, line 16 [Clause 1], leave out paragraph (a).
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Ben Wallace
10
Page 2, line 1 [Clause 1], leave out 'prevention or'.
Mr Alistair Carmichael
Mr Mark Oaten
Tim Farron
24
Page 2, line 1 [Clause 1], after second 'of', insert 'serious'.
Mr Alistair Carmichael
Mr Mark Oaten
Tim Farron
25
Page 2, line 8 [Clause 1], at end insert 'and
| (aa) | an address at which he can be contacted.'. |
Mr Alistair Carmichael
Mr Mark Oaten
Tim Farron
26
Page 2, line 9 [Clause 1], leave out paragraphs (b) to (i).
Mr Alistair Carmichael
Mr Mark Oaten
Tim Farron
27
Page 2, line 15 [Clause 1], leave out paragraph (f).
Mr Alistair Carmichael
Mr Mark Oaten
Tim Farron
28
Page 2, line 16 [Clause 1], after 'numbers', insert 'recordable under Schedule 1(4)(1)'.
Mr Secretary Clarke
1
Page 2, line 20 [Clause 1], at end insert—
'(5A) But the registrable facts falling within subsection (5) (g) do 'not include any sensitive personal data (within the meaning of the Data Protection Act 1998 (c.29)) or anything the disclosure of which would tend to reveal such data.'.
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Ben Wallace
11
Page 2, line 38 [Clause 2], leave out '16' and insert '18'.
Mr Alistair Carmichael
Mr Mark Oaten
Tim Farron
30
Page 3, line 5 [Clause 2], leave out 'or'.
Mr Alistair Carmichael
Mr Mark Oaten
Tim Farron
31
Page 3, line 6 [Clause 2], leave out paragraph (c).
Mr Alistair Carmichael
Mr Mark Oaten
Tim Farron
32
Page 3, line 7 [Clause 2], at end insert '; or
| (d) | he is a citizen of a European Union Member State with an approved identity document issued by that state.'. |
Mr Alistair Carmichael
Mr Mark Oaten
Tim Farron
33
Page 3, line 8 [Clause 2], leave out subsection (4).
Mr Edward Garnier
Patrick Mercer
Mr Tobias Ellwood
Mr Ben Wallace
46
*Page 3, line 13 [Clause 2], after 'purposes', insert '; and
| (c) | the individual is required to be registered in accordance with section 6.'. |
Mr Alistair Carmichael
Mr Mark Oaten
Tim Farron
34
Page 3, line 18 [Clause 2], leave out subsection (6).
