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December 08, 2004
25 Reports by Commissioner
25 Reports by Commissioner
(1) As soon as practicable after the end of each calendar year, the Commissioner must make a report to the Secretary of State about the carrying out of the Commissioner’s functions.
(2) The Commissioner may also, at any other time, make such report to the Secretary of State on any matter relating to the carrying out of those functions as the Commissioner thinks fit.
(3) The Secretary of State must lay before Parliament a copy of every annual report made to him under subsection (1).
(4) If it appears to the Secretary of State, after consultation with the Commissioner, that the publication of a particular matter contained in an annual report—
(a) would be prejudicial to national security, the prevention or detection of crime or the continued discharge of the functions of any public authority, or
(b) would be otherwise contrary to the public interest, the Secretary of State may exclude that matter from the copy of the report that he lays before Parliament.
(5) Where a matter is excluded under subsection (4) from a copy of an annual report laid before Parliament, the Secretary of State must, when he lays that copy of the annual report, also lay before Parliament a statement that a matter has been excluded from the report under that subsection.
EXPLANATORY NOTES
Clause 25: Reports by Commissioner
147. Under subsection (1) the Commissioner is under a duty to report each year to the Secretary of State, who is himself under a duty to lay before Parliament that report subject to certain exceptions set out in Subsection (4) if there were for example any information contained in the report that would be contrary to the public interest in which case the Secretary of State would follow the procedures set out in Subsection (5) and would need to lay a statement before Parliament that a matter has been excluded.
148. There is also provision at Subsection (2) for the Commissioner to report at any other time regarding any matter related to the carrying out of his functions
Amendments up to and including Friday 14th January 2005 page 5
Mr Richard Allan Mr Alistair Carmichael
*Clause 25, page 22, line 2, leave out subsection (1) and insert—
'(1) The Commissioner shall lay annually a report before both Houses of Parliament on the carrying out of the Commissioner's functions under this Act.'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael
Clause 25, page 22, line 3, leave out 'make a report to the Secretary of State' and insert 'lay before each House of Parliament a general report'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown
Clause 25, page 22, line 3, leave out 'the Secretary of State' and insert 'Parliament'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Mr Richard Allan
Mr Alistair Carmichael
Clause 25, page 22, line 5, leave out subsections (2) to (5) and insert—
'(2) The Commissioner may also, at any time, lay before each House of Parliament such other reports on any matter relating to the carrying out of those functions as the Commissioner thinks fit.'.
Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown
Clause 25, page 22, line 5, leave out subsection (2).
Mr Richard Allan
Mr Alistair Carmichael
*Clause 25, page 22, line 5, leave out from 'report' to end of line 7 and insert 'on any matter relating to the carrying out of those functions as the Commissioner thinks fit.'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown
Clause 25, page 22, line 8, leave out subsection (3).
Mr Richard Allan
Mr Alistair Carmichael
*Clause 25, page 22, line 8, leave out subsections (3) to (5).
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Clause 25, page 22, leave out lines 12 to 15 and insert 'would cause substantial harm to the public interest'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown
Clause 25, page 22, line 12, leave out from 'security' to end of line 15.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown
Clause 25, page 22, line 12, at end insert 'serious'.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown
Clause 25, page 22, line 13, leave out from 'crime' to 'or' in line 14.
Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown
Clause 25, page 22, line 14, leave out from 'authority' to end of line 15.
Posted by wtwu at December 8, 2004 02:41 AM
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Comments
A Commissioner who anly produces a single censored annual report is not the mechanism which will reassure the public that privacy abuses are not inherent in the ID Card scheme.
Where is the Privacy Audit or the Independent Statutory Body to oversee the ID cards Scheme as suggested by Richard Thomas the Information Commissioner in his evidence to the Home Affairs Committee on 3rd of February 2004 ?
http://www.publications.parliament.uk/pa/cm200304/cmselect/cmhaff/uc130-ii/uc13002.htm
RECCOMENDATION:
Provide the budget and manpower for the National Identity Rgeister Commissioner to head an Independent Statutory Body with the power to investigate complaints from the general public and to criminally prosecute those who abuse the privacy of those people who are registered on the NIR.
Posted by: wtwu at December 17, 2004 07:49 PM