Identity Cards Bill (2004)

(1) The only information that may be recorded in the Register is—

(a) information the inclusion of which in an individual’s entry is authorised by Schedule 1;

(b) information of a technical nature for use in connection with the administration of the Register;

(c) information of a technical nature for use in connection with the administration of arrangements made for purposes connected with the issue or cancellation of ID cards; and

(d) information recorded in the Register in accordance with subsection (2).

(2) Information about an individual must be recorded in his entry in the Register (whether or not it is authorised by Schedule 1) if—

(a) he has made an application to the Secretary of State requesting the recording of the information as part of his entry;

(b) the information is of a description identified in regulations made by the Secretary of State as a description of information that may be made the subject of such a request; and

(c) the Secretary of State considers that it is both practicable and appropriate for it to be recorded in accordance with the applicant’s request.

(3) Where—

(a) the Secretary of State and an individual have agreed on what is to be recorded about a matter in that individual’s entry in the Register, and

(b) the Secretary of State has given, and not withdrawn, a direction that what is to be recorded in that individual’s case about that matter is to be determined by the agreement, there is to be a conclusive presumption for the purposes of this Act that the information to which the direction relates is accurate and complete information about that matter.

(4) Information, once entered in the Register, may continue to be recorded in the Register for so long as it is consistent with the statutory purposes for it to be so recorded.

(5) The Secretary of State may by order modify the information for the time being set out in Schedule 1.

(6) The Secretary of State may make an order under this section adding information to the information that may be recorded in the Register only if he considers that it would be consistent with the statutory purposes for the additional information to be so recorded.

(7) The Secretary of State must not make an order containing (with or without other provision) any provision for adding information to the information that may be recorded in the Register 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 3: Information Recorded in Register

27. Clause 3 sets out the information that may be recorded in the Register.

28. Subsection (1) provides that information may be recorded only if it is included in Schedule 1, if it is otherwise necessary for the administration of the scheme, or if it is provided for in subsection (2).

29. Schedule 1 may be amended by secondary legislation following a resolution in both Houses of Parliament (subsections (5)-(7)) to add to the list of information that may be recorded on the Register. However, any additional information must be consistent with the statutory purposes of the Register. So, for example, this power to amend Schedule 1 could not be used to include criminal records in that Schedule without further primary legislation as recording previous criminal convictions is not covered by the definition of registrable facts and so not consistent with the statutory purposes of the Register in clause 1(3).

30. Subsection (2) enables other information to be recorded if:

• an individual has asked for it to be included;

• regulations include it as information that may be subject to such a request; and

• the Secretary of State agrees.

For example, an individual may ask for emergency contact details to be included on the Register.

31. Subsection (3) enables the Secretary of State to agree with a person being registered what facts should be registered where there is some doubt as to what the true facts are, for example, place or date of birth. It could also be used where a new identity needs to be established, for example, for those in a witness protection programme. It would prevent the false documents offences in clause 27 from applying.

32. Subsection (4) allows information to be kept for as long as it is consistent with the statutory purposes for it to be so kept. This will make verification of individuals easier by ensuring an audit trail of changes is made, so a person changing information held on the Register to avoid detection by law enforcement agencies would be identified. This would also enable the Register to retain information of individuals who had died or left the country and thereby prevent fraudulent use of these identities.

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Amendments tabled by Friday 14th January 2005

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 3, page 3, line 25, leave out paragraph (b).

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 3, page 3, line 27, leave out paragraph (c).

Amendments tabled by Friday 14th January 2005 (page 2)

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Mr Richard Allan Mr Alistair Carmichael

Clause 3, page 3, line 30, leave out paragraph (d).

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Mr Richard Allan
Mr Alistair Carmichael

Clause 3, page 3, line 31, leave out subsection (2).

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 3, page 3, line 38, leave out 'both practicable and appropriate' and insert 'reasonable'.

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Mr Richard Allan
Mr Alistair Carmichael

Clause 3, page 3, line 41, leave out subsection (3).

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 3, page 4, line 4, leave out subsection (4) and insert—
'(4) Information which is not personal data, once entered in the Register, may continue to be recorded in the Register for so long as it is necessary for the statutory purposes for it to be so recorded.'.

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Mr Richard Allan Mr Alistair Carmichael

Clause 3, page 4, line 7, leave out subsection (5).

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Mr Richard Allan
Mr Alistair Carmichael

Clause 3, page 4, line 9, leave out subsection (6).

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 3, page 4, line 11, leave out 'consistent with' and insert 'necessary for'.

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Mr Richard Allan
Mr Alistair Carmichael

Clause 3, page 4, line 13, leave out subsection (7).

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

Clause 3, page 4, line 14, leave out from second 'provision' to 'unless' in line 15 and insert 'that the Secretary of State is authorised to make by this section'.

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 3, page 4, line 16, at end add—
'(8) The Secretary of State must not make an order under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.'.

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Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 3, page 4, line 16, at end add—
'(8) Particulars relating to disclosure of information about an individual from the Register which falls within paragraph 9 of Schedule 1 must be retained in that individual's entry in the Register if that disclosure did not have the consent of that individual.

(9) In the case of particulars which are contained in personal data as a result of the requirement specified in subsection (8), the Information Commissioner shall, following consultation with relevant persons including the Commissioner established under this Act, publish criteria which specify the circumstances when such particulars can be removed from the Register.'.

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

Clause 3, page 4, line 16, at end add—
'(8) 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