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| | Tuesday 18th October 2005 |
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| | Identity Cards Bill, As Amended
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| | | Procedure for procurement of the Register |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State must not make an order containing (with or without other |
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| | | provision) any provision for procurement of the Register unless— |
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| | | (a) | a draft of the order has been laid before Parliament and approved by a |
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| | | resolution of each House; and |
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| | | (b) | each of the resolutions for approving the draft was agreed more than 60 |
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| | | days after the day on which the draft was laid before the House in |
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| | | (2) | No draft order containing provision for procurement of the Register is to be laid |
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| | | before Parliament unless— |
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| | | (a) | the Secretary of State has prepared and published a report containing a |
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| | | proposal for the making of such provision; |
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| | | (i) | the Secretary of State’s reasons for making the proposal, |
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| | | (ii) | the costs and benefits of establishing and maintaining the |
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| | | (iii) | the calculations underlying assumptions on likely savings, and |
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| | | (iv) | the methodologies relating to risk analysis and management |
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| | | control in respect of information technology; |
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| | | (c) | the report has been laid before Parliament and each House has approved |
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| | | the proposal contained in the report, either with or without modifications; |
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| | | (d) | the draft order gives effect to the proposal so far as approved by both |
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| | | (3) | An approval given in either House satisfies the requirements of subsection (2)(c) |
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| | | only if it was given in that House on the first occasion on which a motion for the |
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| | | approval of the proposal was made in that House by a Minister of the Crown |
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| | | (a) | the laying of the report; or |
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| | | (b) | if more than one report containing that proposal has been laid before that |
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| | | House, the laying of the one laid most recently. |
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| | | (4) | In reckoning a period of 60 days for the purposes of subsection (1), no account |
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| | | shall be taken of a day for which— |
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| | | (a) | Parliament is dissolved or prorogued; or |
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| | | (b) | the House in question is adjourned as part of an adjournment of more than |
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| | | Unauthorised use of information |
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| | To move the following Clause:— |
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| | | ‘(1) | A person is guilty of an offence if, without lawful authority, he uses or stores or |
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| | | causes to be used or stored as a searchable index, key or record reference in any |
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| | | information retrieval system any information listed in section 4 of Schedule 1. |
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| | | (2) | For the purposes of this section a person shall have lawful authority to store or |
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| | | use information listed in section 4 of Schedule 1 if the information is used or |
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| | | stored in such a manner that it can be used only by properly authorised persons |
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| | | for a relevant purpose and the use is either— |
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| | | (a) | the establishment or maintenance of the Register; |
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| | | (b) | the issue, modification, cancellation or surrender of ID cards; |
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| | | (c) | the Commissioner’s functions; |
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| | | (d) | by a designated documents authority and relates to an application for or |
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| | | the issue, cancellation or surrender of the designated documents for |
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| | | which that authority is responsible; |
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| | | (e) | a purpose for which the information has been provided to the person in |
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| | | accordance with section 19 or section 20; |
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| | | (f) | the verification of registrable facts under this Act where provision is |
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| | | made for the information to be deleted as soon as reasonably possible |
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| | | after the verification is complete and in any event within 28 days of being |
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| | | (g) | by police for the detection of crime; |
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| | | (h) | in pursuance of an order or direction of a court or of a tribunal established |
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| | | (i) | necessary for the person to comply with a requirement on him imposed |
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| | | by or under any enactment. |
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| | | (3) | Where a person guilty of an offence under this section is a body corporate or |
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| | | public authority then any real person by whose instructions or under whose |
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| | | purported authority the unauthorised use or storage took place shall be liable. |
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| | | (4) | A person guilty of an offence under this section shall be liable on conviction for |
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| | | a term not exceeding two years or to a fine, or to both.’. |
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| | Page 1, line 2 [Clause 1], leave out from beginning to end of line 4 and insert— |
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| | | | ‘National Passport Register |
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| | | (1) | It shall be the duty of the Secretary of State to establish and maintain a register of |
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| | | individuals to whom passports are issued (to be known as “the National Passport |
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| | Page 1, line 7 [Clause 1], leave out subsection (3) and insert— |
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| | | ‘(3) | The statutory purpose is to facilitate, by the maintenance of a record of registrable |
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| | | facts about individuals in the United Kingdom to whom passports are issued, a |
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| | | secure and reliable method for registrable facts to be verified for the purpose of |
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| | Page 1, line 10 [Clause 1], after ‘others’, insert ‘who reasonably require proof’. |
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| | Page 1, line 14 [Clause 1], leave out subsection (4). |
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| | Page 1, line 16 [Clause 1], leave out from beginning to end of line 6 on page 2 and |
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| | | ‘(a) | of assistance to the Secretary of State in preventing or detecting terrorist |
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| | | acts in the United Kingdom or elsewhere or otherwise in the interests of |
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| | | (b) | of assistance to the Secretary of State in preventing or detecting serious |
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| | | (c) | for the purposes of controlling illegal immigration and enforcing |
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| | | (d) | for the purpose of securing proper provision of relevant public services. |
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| | | (4A) | For the purposes of subsection(4)— |
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| | | | “relevant public services” means the provision of— |
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| | | | “serious crime” means crime giving rise to an offence triable only on |
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| | Page 1, line 16 [Clause 1], leave out paragraph (a). |
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| | Page 2, line 1 [Clause 1], leave out ‘prevention or’. |
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| | Page 2, line 1 [Clause 1], after second ‘of’, insert ‘serious’. |
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| | Page 2, line 8 [Clause 1], at end insert ‘and |
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| | | (aa) | an address at which he can be contacted.’. |
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| | Page 2, line 9 [Clause 1], leave out paragraphs (b) to (i). |
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| | Page 2, line 15 [Clause 1], leave out paragraph (f). |
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| | Page 2, line 16 [Clause 1], after ‘numbers’, insert ‘recordable under Schedule |
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| | Page 2, line 20 [Clause 1], at end insert— |
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| | | ‘(5A) | But the registrable facts falling within subsection (5) (g) do ‘not include any |
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| | | sensitive personal data (within the meaning of the Data Protection Act 1998 |
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| | | (c. 29)) or anything the disclosure of which would tend to reveal such data.’. |
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| | Page 2, line 38 [Clause 2], leave out ‘16’ and insert ‘18’. |
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| | Page 3, line 5 [Clause 2], leave out ‘or’. |
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| | Page 3, line 6 [Clause 2], leave out paragraph (c). |
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| | Page 3, line 7 [Clause 2], at end insert ‘; or |
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| | | (d) | he is a citizen of a European Union Member State with an approved |
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| | | identity document issued by that state.’. |
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| | Page 3, line 8 [Clause 2], leave out subsection (4). |
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| | Page 3, line 13 [Clause 2], after ‘purposes’, insert ‘; and |
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| | | (c) | the individual is required to be registered in accordance with section 6.’. |
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| | Page 3, line 18 [Clause 2], leave out subsection (6). |
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| | Page 3, line 18 [Clause 2], leave out subsections (6) and (7). |
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| | Page 3, line 23 [Clause 2], at end insert— |
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| | | ‘(8) | No draft order containing a provision that the Secretary of State is authorised to |
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| | | make by this section is to be laid before Parliament unless— |
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| | | (a) | the Secretary of State has prepared and published a report containing a |
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| | | proposal for the making of such provision; |
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| | | (b) | the report sets out the Secretary of State’s reasons for making the |
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| | | (c) | the report has been laid before Parliament and each House has approved |
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| | | the proposal contained in the report, either with or without modifications; |
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| | | (d) | the draft order gives effect to the proposal so far as approved by both |
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| | Page 4, line 6 [Clause 3], at end insert— |
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| | | ‘(3A) | In cases where subsection (3) does not apply the Secretary of State shall be liable |
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| | | for inaccurate information recorded about an individual and all consequences of |
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| | | (b) | to any person to whom the information is supplied; |
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| | | (c) | to any person to whom false information is verified by the Register; |
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| | | (d) | to any person to whom true information is shown to be false in |
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| | | verification by the Register. |
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| | | | Each such person shall have an action for damages against the Secretary of |
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| | Page 4, line 9 [Clause 3], at end insert ‘provided that information about an |
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| | individual entered in the Register in accordance with subsection (2) shall be deleted from |
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| | the Register on application by that individual.’. |
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| | Page 4, line 42 [Clause 5], leave out ‘must’ and insert ‘may, if the applicant so |
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| | Page 5, line 7 [Clause 5], after ‘application’, insert— |
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| | | ‘(d) | state that the individual does not apply to be entered in the Register.’. |
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| | Page 5, line 17 [Clause 5], at end insert ‘, provided that the specified place is no |
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| | further than 20 miles by road to the nearest point on the public road network to the |
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| | individual’s place of residence’. |
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| | Page 5, line 18 [Clause 5], leave out paragraph (b). |
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| | Page 5, line 18 [Clause 5], leave out ‘, and other biometric information about |
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