Identity Cards Bill (2004)

(1) It shall be unlawful in cases not falling within subsection (2) for any person—

(a) to make it a condition of doing anything in relation to an individual that the individual makes an application, or gives an authority or consent, for the purposes of section 14(1);

(b) to make it a condition of doing anything in relation to an individual that the individual establishes his identity by the production of an ID card; or

(c) otherwise to impose a requirement on an individual to produce such a card.

(2) Each of the following is a case in which such a condition or requirement may be imposed in relation to or on an individual—

(a) where the condition or requirement is imposed in accordance with regulations under section 15, or in accordance with provision made by or under any other enactment;

(b) where provision is made allowing the individual to satisfy the condition or other requirement using reasonable alternative methods of establishing his identity;

(c) where the individual is of a description of persons who, by virtue of section 6, are required to be entered in the Register.

(3) The obligation of a person by virtue of this section not to impose a condition or requirement in relation to or on an individual is a duty owed to that individual and is enforceable by him in civil proceedings—

(a) for an injunction or interdict; or

(b) for any other appropriate remedy or relief.

(4) In this section “enactment” includes an enactment comprised in an Act of the Scottish Parliament.

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EXPLANATORY NOTES

Clause 18: Prohibition on requirements to produce identity cards

115. This clause makes clear that there may be no requirement on individuals by organisations to produce an ID card as the only acceptable proof of identity before a move to compulsion under clause 6, other than in the circumstances set out in subsection (2).

116. Subsection (1) makes it unlawful for any person to demand an ID card or demand the individual give authority for a check to be made on the Register under clause 14, as a condition of doing anything to an individual e.g. providing a service.

117. The exceptions to this are set out in Subsection (2). These include where there is a specific requirement for a check on an individual's ID card or against the Register under clause 15 or in accordance with provisions under another enactment; where the organisation allows for reasonable alternative methods of proving identity; or when it is compulsory for that individual to register.

118. Subsection (3) makes clear that this prohibition in subsection (1) may be enforced by the individual in the civil courts.

119. Subsection (4) ensures that Acts of the Scottish Parliament are included in the definition of an enactment within this section. Therefore if the Scottish Parliament decided to make it a requirement under their legislation to use the identity cards scheme as a condition of the provision of a service, it would not be prohibited under this clause.

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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 Mr Richard Allan Mr Alistair Carmichael

Clause 18, page 16, line 36, at beginning insert 'Subject to subsection (2A)'.

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

Clause 18, page 16, line 45, at end insert—
'(2A) Subsection (2) does not authorise the imposition of such condition or requirement in relation to or on a British citizen before such time as when all British citizens are required by virtue of section 6 to be entered in the Register.'.