Identity Cards Bill (2004)

(1) Regulations may make provision allowing or requiring a person who provides a public service to make it a condition of providing the service to an individual that the individual produces—

(a) an ID card;

(b) other evidence of registrable facts about himself; or

(c) both.

(2) Regulations under this section may not allow or require the imposition of a condition on—

(a) the entitlement of an individual to receive a payment under or in accordance with any enactment, or

(b) the provision of any public service that has to be provided free of charge, except in cases where the individual is of a description of individuals who, by virtue of section 6, are required to be entered in the Register.

(3) Nothing in this section authorises the making of regulations the effect of which would be to require an individual—

(a) to carry an ID card with him at all times; or

(b) to produce such a card otherwise than for purposes connected with an application by him for the provision of a public service, or with the provision of a public service for which he has applied.

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EXPLANATORY NOTES

Required identity checks

Clause 15: Power to make public services conditional on identity checks

98. Identity Cards - the next steps (Cm 6020) sets out two objectives for the use of identity cards in relation to public services. These were to simplify checks on eligibility for services and to reduce fraudulent use of services. This clause provides a power to make this link between the identity cards scheme with the provision of public services in cases where existing powers may be unclear. Clause 43(2) defines what is meant by the provision of a public service.

99. Subsection (1) provides a power to make regulations which allow or require a person who provides a public service to make it a condition of providing the service that an individual produces an ID card and/or other evidence of his registrable facts. This will give service providers flexibility in deciding what proof of identity is the most appropriate in the particular circumstances and what level of identity check is necessary. The ID card on its own may suffice. Alternatively, someone's identity could be checked against the Register, using for example a biometric, when the card is not present.

100. Subsection (2) ensures that regulations made under subsection (1) cannot make it a requirement to produce an ID card or information which can be verified against the National Identity Register in order to receive payments provided under legislation or any service provided free of charge before it is compulsory for that individual to register under clause 6. This means that an order under clause 15 cannot make it a requirement for a person to produce a card, for example to receive social security benefits or free NHS treatment, until it is compulsory for that person to register under clause 6.

101. Subsection (3) specifically excludes the possibility of an order under clause 15 making the carrying of cards compulsory. This includes both the carrying of a card and its production on demand other than for the purposes of an application for a public service.

102. Clause 44(2) provides that the powers under this clause do not extend to public services provided in Scotland that are within the legislative competence of the Scottish Parliament. If the Scottish Parliament wishes to make production of a card a condition of provision of those services, it would first have to pass its own Act.

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Amendments up to and including Friday 14th January 2005 page 4

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Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown

Clause 15, page 14, line 13, leave out paragraphs (b) and (c).

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 15, page 14, line 23, leave out subsection (3) and insert—
'(3) Failure to produce without reasonable excuse an identity card to a police constable reasonably requiring production shall be a summary offence punishable with 6 months imprisonment or a fine or both.'.

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael

Clause 15, page 14, line 28, at end add—
'(4) Nothing in this section authorises the making of regulations the effect of which would be to require a British citizen to carry or produce an ID card before such time as when all British citizens are required by virtue of section 6 to be entered in the Register.'.