Identity Cards Bill (2004)

(1) In a case where there is no authorisation under sections 19 to 21 for the provision of information, the Secretary of State may nevertheless, without the individual’s consent, provide a person with information recorded in an individual’s entry in the Register if—

(a) the information is of a description specified or described in an order made by the Secretary of State;

(b) the information is provided to a person so specified or described;

(c) the information is provided for the purposes so specified or described; and

(d) there is compliance with any requirements imposed by or under section 23 in relation to the provision of the information.

(2) 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

Clause 22: Power to authorise other uses of information

138. This clause provides (Subsection (1)) that where there is no authorisation under clauses 19 to 21 that the Secretary of State may provide information without consent where an order has been made specifying or describing the information, to a person so specified or described, for purposes so specified or described and any requirements under clause 23 are complied with. This order (Subsection (3)) is subject to an affirmative resolution procedure.

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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 22, page 19, line 45, at end insert—

'(ca) any disclosure of information which results or would result in interference with an individual's private and family life is proportionate, and is for the purpose of—

(i) the protection of public safety or public health, or
(ii) the protection of the rights and freedoms of others;'.

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

Clause 22, page 20, line 6, at end add—
'(3) No draft order containing a provision that the Secretary of State is authorised to make by this section is to be laid before Parliament unless—

(a) the Secretary of State has prepared and published a report containing a proposal for the making of such provision;

(b) the report sets out the Secretary of State's reasons for making the proposal;

(c) the report has been laid before Parliament and each House has approved the proposal contained in the report, either with or without modifications; and

(d) the draft order gives effect to the proposal so far as approved by both Houses.'.

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Amendments up to and including Friday 14th January 2005 page 5

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Mr Richard Allan Mr Alistair Carmichael

*Page 19, line 37, leave out Clause 22.