Supplementary letter from Tony McNulty
Following my appearance, I said that I would
write to the Committee in response to matters raised by the noble
Lord, Lord Rowlands on the written evidence submitted by Dr Pounder.
Lord Rowlands raised the issue of Dr Pounder's
contention that widely drawn primary legislation can result in
the use of secondary legislation to modify the intention of the
original provisions of the Act; and Dr Pounder's questioning of
the ability of Parliament to scrutinise any legislation effectively.
These are significant charges and as I indicated
in my response to the Committee, Dr Pounder's view is fundamentally
wrong. His reference in his evidence to the Committee to the Identity
Cards Act 2006 is a prime example where we have a number of order
making powers, in fact some 74. However, what he fails to acknowledge
is that these must comply with sections one to three of the Act
which clearly define the statutory purpose of the National Identity
Register and the information that it may hold.
If we wanted to amend the statutory purpose
of the National Identity Register, then we would have to amend
the primary legislation and not, as his evidence suggests, introduce
change by way of secondary legislation.
Dr Pounder also makes reference to the Children
Act 2004 and the Anti-Terrorism, Crime and Security Act 2001.
In the case of the former, the 2004 Act is again explicit on the
face of the Bill in setting out the contents of regulations. For
example, section 12 provides for regulations on Information Databases
and is explicit on both the categories of information that can
be gathered and the extent of regulations on how can access the
information.
The order-making provisions of the Anti-Terrorism,
Crime and Security Act 2001 relating to the security of pathogens
and toxins similarly set out parameters on the face of the Act.
The order-making power which allows the Secretary of State to
I modify Schedule 5 to the Act is restricted in that a pathogen
or toxin may only be added to that Schedule if the Secretary of
State is satisfied that it could be used in an act of terrorism
to endanger life or cause serious harm to human health. This order-making
power is subject to the affirmative resolution procedure.
Clearly there are significant statutory safeguards
in place which hold the order making process in check both in
compliance with requirements set out in primary legislation and,
importantly, by virtue of approval of each House of Parliament.
We will continue to adopt that approach.
I also agreed to provide a briefing on the current
state of play with the National Identity Scheme, which I attach
(Annex 1).
22 July 2008
Annex 1
THE NATIONAL IDENTITY SCHEME
— The Government was elected in 2005
on a manifesto commitment to introduce identity cards and Parliament
approved the Identity Cards Act 2006 in March 2006.
— Research (February 2008) shows that
59% of people support the government's National Identity Scheme.
The British Social Attitudes Report published in January 2007
showed that 71% of people think that having compulsory identity
cards for all adults is "a price worth paying" to help
tackle the threat of terrorism.
— 24 of the 27 EU member states already
have ID cards -all apart from the UK, Ireland and Denmark—and
Denmark has a national civil register which requires all residents
to be registered and to be issued with a unique identity number.
— Biometric identity cards will provide
a secure way for people to prove their identity securely and reliably
as well as helping to combat immigration abuse, illegal working,
identity fraud and crime, strengthening national security and
improving access to public services—will support transformational
government agenda.
— Facial image and fingerprint biometrics
will link an individual securely to a single unique identity and
prevent people enrolling multiple identities. All British passports
(six million per year) are now e-passports with a facial biometric
included in a chip in the passport booklet.
— Everyone issued with an identity
card will have their identity details, including photograph and
fingerprint biometrics, held on a National Identity Register and
will be issued with a unique National Identity Registration Number.
Notification of changes to name or address will be required so
that the Register is kept up to date.
— The National Identity Scheme Delivery
Plan was published in March 2008 (http://www.ips.gov.uklidentity/downloads/national-identity-scheme-delivery2008.pdf)
set out the government's plans to provide more secure and reliable
ways of proving identity, including more secure biometric passports
and the introduction of identity cards.
— The plans are for the UK Borders
Agency to start to issue biometric immigration documents, known
as identity cards for foreign nationals to non-EEA nationals from
2008 using powers for compulsory cards for foreign nationals contained
in the UK Borders Act 2007.
— The Identity and Passport Service
will begin to issue the first identity cards to British citizens
from 2009.
— In the latest National Identity Scheme
Cost Report [8 May 2008], the Government confirmed that it has
made savings of almost £1 billion in introducing the NIS
against the last cost estimates.
— The total estimated cost of the scheme
for the next 10 years is £4,740 million for UK citizens,
including the issue of both passports and identity cards, and
£311 million for foreign nationals.
— The foreign national costs have risen
from £182 million to £311 million as we will be issuing
more cards to more foreign nationals. These costs will be fully
recovered from fees charged to foreign nationals.
— Approximately 80% of this cost will
need to be spent in any event just to implement secure biometric
passports and as with passports, the operational costs of issuing
ID cards will be recovered from fees.
— It is intended that the fee for a
British citizen's identity card issued in 2009 or 2010 will be
£30 or less.
— Further information may be found
the National Identity Scheme Cost Report:
— http://www.ips.gov.uk/identity/downloads/IPS-Identity-Cards-Scheme-CostReport-May2008.pdf
— A National Identity Scheme Commissioner
will be appointed to oversee operation of the Scheme and report
annually on the uses to which identity cards are put, the confidentiality
and integrity of information recorded in the Register.
— Information may be provided from
the Register with individual consent to confirm identity to private
sector organisations or without consent to police, security services
and government departments or public authorities approved by Parliament.
— The Identity Cards Act excludes any
requirement to have to carry an identity card at all times and
made no changes to police powers.
— It would require further primary
legislation in the future if it were eventually to become compulsory
for everyone aged 16 and over who is legally resident or working
in the UK to have an identity card, and for it then to become
a requirement to produce an identity card when seeking employment
or accessing public services.
— Updated National Identity Scheme
Strategic Action Plan published on 6th March set out the roll
out as follows:
— 2008—Begin to issue compulsory
identity cards to foreign nationals (start with foreign students);
— 2009—Issue identity cards as
part of improved pre-employment checks for people employed in
positions of trust—such as workers at an airport who need
identity verified to a high standard;
— 2010—Start to issue identity
cards on voluntary basis to young people (16 to 19 age group)
to assist them in proving identity; and
— 2011/2012—roll out large numbers
of identity cards linked to the introduction of fingerprint biometric
passports.
— We will start with rolling out cards
where there is maximum benefit in terms of protecting the public—hence
starting with foreign nationals and then people employed in positions
of trust.
— Once fingerprint biometric passports
are introduced to give everyone the choice of having a passport
or identity card or both, with identity details and biometric
recorded on National Identity Register.
— Working closely with the private
sector to help reduce the cost of the scheme (such as for enrolment
of fingerprints).
— Working to build public trust by
explaining how the scheme will work—only minimal amount
of identity information will be on Register, much as currently
held for passports and immigration documents—together with
an audit record of whenever a person's record is accessed.
— We will make the most of the oversight
from new National Identity Scheme Commissioner as well as existing
Information Commissioner and will consider a panel of users and
the public.
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