Identity Cards Bill (2004)

(1) Where it appears to the Secretary of State that a person on whom a requirement
may be imposed under this section may have information in his possession which could be used—

(a) for verifying information provided to the Secretary of State for the purposes of, or in connection with, an application for the issue of a passport, or

(b) for determining whether to withdraw an individual’s passport, the Secretary of State may require that person to provide him with the information.

(2) It shall be the duty of a person who—

(a) is required to provide information under this section, and

(b) has the information in his possession, to comply with the requirement within whatever period is specified in the requirement.

(3) A requirement may be imposed under this section on—

(a) a Minister of the Crown;

(b) a government department;

(c) a Northern Ireland department;

(d) the National Assembly for Wales; or

(e) any person not falling within paragraph (a) to (d) who is specified for the purposes of this section in an order made by the Secretary of State.

(4) The persons who may be specified in an order under subsection (3)(e) include any person who carries out functions conferred by or under an enactment that fall to be carried out on behalf of the Crown.

(5) The power of the Secretary of State to make an order specifying a person as a person on whom a requirement may be imposed under this section includes power to provide —

(a) that his duty to provide the information that he is required to provide is owed to the person imposing it; and

(b) that the duty is enforceable in civil proceedings—

(i) for an injunction;

(ii) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or

(iii) for any other appropriate remedy or relief.

(6) The Secretary of State may, in such cases (if any) as he thinks fit, make payments to a person providing information in accordance with this section in respect of the provision of the information.

(7) 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

Provisions relating to passports

Clause 39: Verifying information provided with passport applications etc.

199. This clause deals with the provisions necessary to permit data to be shared for the purposes of verifying information provided in relation to an application for a passport or the withdrawal of a passport. It mirrors the provision in respect of ID cards made in clause 11.

200. Subsection (1) places a duty on a person to provide information to the Secretary of State for the purposes of verifying information related to an application for a passport and/or a decision to withdraw an individual's passport.

201. This obligation is mandatory (subsection (2)) and over-rides other obligations under which the person may hold that information. Subsection (2) also enables the information to be required within a specified timescale.

202. Subsection (3) sets out that the requirement may be imposed on a Minister, government department, Northern Ireland department, National Assembly for Wales or any person specified for the purposes in an order made by the Secretary of State.

203. Subsection (4) clarifies that the persons who may be specified in an order includes anyone carrying out statutory functions that are carried out on behalf of the Crown.

204. Subsection (5) provides that there is a duty on the individual to provide the information and this may be enforced via civil court proceedings. In the case of public authorities, normal public law remedies such as judicial review will apply.

205. Subsection (6) enables the Secretary of State to pay those whom he is requiring information to be provided from.

206. The order making provision to require information is subject to the affirmative resolution procedure (subsection (7)).