Identity Cards Bill (2004)

(1) The Secretary of State must appoint a Commissioner to be known as the National Identity Scheme Commissioner.

(2) It shall be the function of the Commissioner (subject to subsection (3)) to keep under review—

(a) the arrangements for the time being maintained by the Secretary of State for the purposes of any of his functions under this Act or the subordinate legislation made under it;

(b) the arrangements for the time being maintained by designated documents authorities for the purposes of any of their functions under this Act or that subordinate legislation;

(c) the arrangements made, by persons to whom information may be provided, for obtaining the information available to them under this Act or that subordinate legislation and for recording and using it; and

(d) the uses to which ID cards are being put.

(3) The matters to be kept under review by the Commissioner do not include—

(a) the exercise of powers which under this Act are exercisable by statutory instrument or by statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12));

(b) the imposition of civil penalties, objections to such penalties or appeals against them;

(c) the operation of so much of this Act or of any subordinate legislation as imposes or relates to criminal offences;

(d) the provision of information to the Director-General of the Security Service, the Chief of the Secret Intelligence Service or the Director of the Government Communications Headquarters;

(e) the provision to another member of the intelligence services, in accordance with regulations under section 23(5), of information that may be provided to that Director-General, Chief or Director;

(f) the operation of this section and section 25; or

(g) arrangements made for the purposes of anything mentioned in paragraphs (a) to (f).

(4) It shall be the duty of every official of the Secretary of State’s department to provide the Commissioner with all such information (including information recorded in the Register) as he may require for the purpose of carrying out his functions under this Act.

(5) The Commissioner is to hold office in accordance with the terms of his appointment; and there shall be paid to him out of money provided by Parliament such allowances as the Treasury may determine.

(6) The Secretary of State—

(a) after consultation with the Commissioner, and

(b) subject to the approval of the Treasury as to numbers, must provide the Commissioner with such staff as the Secretary of State considers necessary for the carrying out of the Commissioner’s functions.

(7) In this section “intelligence service” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23).

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EXPLANATORY NOTES

Supervision of operation of Act

Clause 24: Appointment of National Identity Scheme Commissioner

142. This clause establishes a National Identity Scheme Commissioner to oversee the operation of the identity cards scheme and the National Identity Register including the uses to which ID cards are being put and the provision of information held on the Register.

143. The Secretary of State is under the duty to appoint a National Identity Scheme Commissioner under subsection (1). Subsection (2) sets out the functions of the Commissioner. Subsection (3) sets out the matters which will not be part of the Commissioner's functions such as the imposition of civil penalties for which an appeal process is established under clause 35 or criminal offences which would be dealt with by the criminal courts. The provision of information to the intelligence and security agencies would also not fall within the remit of the Commissioner but would be under the jurisdiction of the Intelligence Services Commissioner as set out in clause 26.

144. It is the duty of every official in the Secretary of State's department to provide the information the Commissioner requires to carry out his function (Subsection (4)).

145. Subsection (5) sets out that the Commissioner should hold office in accordance with the terms of his appointment and provisions should be made for him to be paid such allowances as the Treasury may determine out of money provided by Parliament.

146. Under Subsection (6) the Secretary of State is under a duty, after consultation with the Commissioner, and subject to the approval of the Treasury as to numbers, to provide the Commissioner with such staff as the Secretary of State considers necessary for the carrying out of the Commissioner's functions.

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

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Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown

Clause 24, page 21, line 17, leave out from 'Commissioner' to end of line 33 and insert 'include general policy matters, but do not include—

(a) the exercise of powers which under this Act are exercisable by statutory instrument or by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573 (N.I.12)) unless any particular case affected by these powers or rules raises a concern of substantial public interest;

(b) the imposition of civil penalties, objections to such penalties or appeals against them, unless a particular penalty, objection or appeal raises a concern of substantial public interest;

(c) the operation of so much of this Act or of any subordinate legislation as imposes or relates to criminal offences in any particular case, unless a particular case raises a concern of substantial public interest;

(d) the provision of information to the Director-General of the Security Service, the Chief of the Secret Intelligence Service or the Director of the Government Communications Headquarters in any particular case, unless the provision of information in any particular case raises a concern of substantial public interest; or

(e) the provision to another member of the intelligence services, in accordance with regulations under section 23(5), of information that may be provided to that Director-General, Chief or Director in any particular case, unless the provision of information in any particular case raises a concern of substantial public interest.'.

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Mr Richard Allan Mr Alistair Carmichael

*Clause 24, page 21, line 17, leave out 'do not' and insert 'shall also'.

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 24, page 21, line 18, leave out paragraphs (a) to (c).

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 24, page 21, line 33, at end insert—
'(3A) The Commissioner may, where appropriate—

(a) before undertaking a review which includes the policy towards the provision of information to the Director-General of the Security Service, the Chief of the Secret Intelligence Service or the Director of the Government Communications Headquarters, liaise with the Intelligence Services Commissioner with a view to referring responsibility for that review to that Commissioner, or

(b) liaise with the Information Commissioner in relation to any processing of personal data.'.

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Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton-Brown

Clause 24, page 21, line 45, at end insert 'to a maximum of 10 members of staff'.

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 24, page 21, line 46, after 'section', insert—

'"Information Commissioner" means the Commissioner established by the Data Protection Act 1998 (c. 29);'.

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 24, page 21, line 47, at end add—

'"personal data" has the same meaning as in section 1 of the Data Protection Act 1998 (c. 29);'.