Identity Cards Bill (2004)

(1) Where it appears to the Secretary of State that a person on whom a requirement may be imposed under this section may have information in his possession which could be used for verifying—

(a) something recorded in the Register about an individual,

(b) something provided to the Secretary of State or a designated documents authority for the purpose of being recorded in an individual’s entry in the Register, or

(c) something otherwise available to the Secretary of State for being recorded about an individual in the Register, the Secretary of State may require that person to provide him with the information.

(2) Where it appears to a designated documents authority that a person on whom a requirement may be imposed under this section may have information in his possession which could be used for verifying—

(a) something that is recorded in the Register about an individual who has applied to the authority for the issue or modification of a designated document or of an ID card, or

(b) something that has been provided to that authority for the purpose of being recorded in the entry of such an individual in the Register, the authority may require that person to provide it with the information.

(3) It shall be the duty of a person who—

(a) is required to provide information under this section, and

(b) has the information in his possession,

to comply with the requirement within whatever period is specified in the requirement.

(4) A requirement may be imposed under this section on any person specified for the purposes of this section in an order made by the Secretary of State.

(5) The persons who may be specified in such an order include—

(a) Ministers of the Crown;

(b) government departments;

(c) a Northern Ireland department;

(d) the National Assembly for Wales;

(e) any other person who carries out functions conferred by or under an enactment that fall to be carried out on behalf of the Crown.

(6) The power of the Secretary of State to make an order specifying a person as a person on whom a requirement may be imposed under this section includes power to provide —

(a) that his duty to provide the information that he is required to provide is owed to the person imposing it; and

(b) that the duty is enforceable in civil proceedings—

(i) for an injunction;

(ii) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or

(iii) for any other appropriate remedy or relief.

(7) The Secretary of State may, in such cases (if any) as he thinks fit, make payments to a person providing information in accordance with this section in respect of the provision of the information.

(8) The Secretary of State must not make an order containing (with or without other provision) any provision that he is authorised to make by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

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EXPLANATORY NOTES

Maintaining accuracy of Register etc.

Clause 11: Power to require information for validating Register

75. This clause deals with the provisions necessary to permit data to be shared with the Secretary of State and designated documents authorities for the purposes of verifying information to be placed or which is currently placed on the National Identity Register where no such powers already exist. This is specifically about ensuring the accuracy of the Register and it does not confer the power to share data for wider purposes; neither does it allow the Secretary of State or a designated documents authority to request information that is not relevant for the purposes of validating the Register. Under this Bill, Parliament will have to approve each "gateway" via an affirmative order.

76. Subsection (1) places a duty on a person to provide information to the Secretary of State for the purposes of verifying an individual's entry to the Register. Subsection (2) extends this obligation to disclose specified information to the designated document authorities. This obligation is mandatory (subsection (3)) and over-rides other obligations under which the person may hold that information. Subsection (3) also enables the Secretary of State to require the information within a specified timescale.

77. Subsection (4) sets out that the requirement may be imposed on any person specified for the purposes in an order, for example local government or the private sector. Subsection (5) clarifies that this could also include for example, central government organisations and the devolved administrations in Northern Ireland and Wales. The order making provision to require information is subject to the affirmative resolution procedure (subsection (8)).

78. Subsection (6) provides that orders requiring a person to provide information may be enforced via civil court proceedings. In the case of public authorities, normal public law remedies such as judicial review will apply.

79. Subsection (7) enables the Secretary of State to pay those from whom he is requiring information to be provided.

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Amendments up to and including Friday 14th January 2005 page 3

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Mr Richard Allan Mr Alistair Carmichael

*Clause 11, page 9, line 21, after 'it', insert 'reasonably'.

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Mr Richard Allan
Mr Alistair Carmichael

Clause 11, page 9, line 27, leave out from 'Register' to end of line 29.

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Mr Richard Allan
Mr Alistair Carmichael

*Clause 11, page 9, line 32, after 'it', insert 'reasonably'.

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Mr Richard Allan
Mr Alistair Carmichael

*Clause 11, page 9, line 45, at end insert 'where that requirement is, in all the circumstances, reasonable'.