Identity Cards Bill (2004)

(1) For the purposes of this Act an ID card is a card which—

(a) is issued to an individual by the Secretary of State, or as part of or together with a designated document; and

(b) does, as respects that individual, one or both of the things specified in subsection (2).

(2) Those things are—

(a) recording registrable facts about the individual that are already recorded as part of his entry in the Register;

(b) carrying data enabling the card to be used for facilitating the making of applications for information recorded in a prescribed part of the individual’s entry in the Register, or for otherwise facilitating the provision of that information to a person entitled to be provided with it.

(3) An ID card issued to an individual—

(a) must record only the prescribed information;

(b) must record prescribed parts of it in an encrypted form;

(c) is valid only for the prescribed period; and

(d) remains the property of the person issuing it.

(4) Except in prescribed cases, an ID card must be issued to an individual if he—

(a) is entitled to be entered in the Register or, by virtue of section 6, is required to be so entered; and

(b) is an individual about whom the prescribed registrable facts are recorded in the Register.

(5) In prescribed cases an ID card may be issued to an individual who—

(a) is not required to be issued with one; but

(b) is an individual about whom the prescribed registrable facts are recorded in the Register.

(6) An ID card relating to an individual is not to be issued except on an application made by him which either—

(a) accompanies an application made by him to be entered in the Register; or

(b) in the prescribed manner confirms (with or without changes) the contents of an entry already made in the Register for that individual.

(7) An individual who is not already the holder of an ID card must, in the prescribed manner, include an application to be issued with such a card—

(a) in every application made by him to be issued with a designated document; and

(b) in every application made by him in accordance with provision made under section 6.

8) Other applications for the issue of an ID card—

(a) may be made only in the prescribed manner;

(b) may be made to the Secretary of State or, in prescribed cases, to a designated documents authority; and

(c) must be accompanied by the prescribed information; and regulations for the purposes of paragraph (b) may authorise an application to be made to a designated documents authority irrespective of whether an application is made to that authority for the issue of a designated document.

(9) The Secretary of State must not make regulations containing (with or without other provision) any provision for prescribing—

(a) the information to be recorded in or on an ID card, or

(b) the form in which information is to be recorded in or on such a card, unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

---

EXPLANATORY NOTES

ID cards

Clause 8: Issue etc. of ID cards

55. This clause sets out the procedure for issuing ID cards.

56. The identity cards scheme will involve the issuing of an ID card to every person registered as entitled to remain in the United Kingdom for longer than a specified period. The Secretary of State has the power:

• To issue ID cards;

• To designate documents

  (i) such as the passport as documents together with which ID cards would be issued; or

  (ii) as ID cards themselves (e.g. if a residence permit issued to a foreign national were designated).

"ID cards" in this Bill is used as the generic name and is defined under this clause

57. Subsections (1) and (2) explain that an ID card is a card which holds personal information as recorded on the National Identity Register and/or data enabling the card to be used for verifying information on the Register, for example, a personal identification number. An ID card may form part of a designated document (e.g. if a residence permit issued to a foreign national were designated). It can be a separate card issued together with a designated document (e.g. if the British passport is designated, a separate ID card would be issued alongside it). Clause 43(6) provides that references to a designated document being issued together with an ID card include references to the two documents being comprised in the same card. It can also be a separate card issued as an ID card (e.g. a standalone ID card issued on its own).

58. Subsection (3) provides for prescribed information to be recorded on an ID card and parts of it to be in an encrypted form. The exact specification and design of ID cards has yet to be determined but when it is these will be set out in regulations. This subsection also provides that the ID card will have a limited validity. Different validity periods may be specified for different categories of person, for example, an elderly person's ID card may remain valid for the rest of his life without the need for renewal, whereas a foreign national's may be linked to the length of authorised stay. Subsection (3)(d) ensures that the card remains the property of the person, or authority, which issues it.

59. Subsection (4) requires that except in prescribed cases ID cards must be issued to individuals who are entitled to be, and whose personal information has been, entered on the Register. However, there are special cases where someone who is not required to be issued with an ID card may be issued with an ID card, providing registrable facts about him have been entered in to the Register (subsection (5)). For example, this may be used for individuals who are not entitled to be entered but who may in special circumstances be entered on the Register e.g. foreign nationals residing in the UK for less than 3 months but whose passport has been surrendered for bail purposes and who therefore need proof of identity.

60. Subsection (6) provides that an ID card will only be issued once an application has been made and sufficient information has been provided for the individual to be entered on the Register or an existing entry is confirmed.

61. Under subsection (7) an application for a designated document must include an application for an ID card in the manner prescribed unless the individual already hold an ID card. Where an application for registration is made in pursuance of a requirement under clause 6 (compulsory registration), the application must also include an application for an ID card in the prescribed manner. In practice, the application form for a designated document will contain the information required to make an application for an ID card rather than requiring two separate application forms to be completed.

62. Subsection (8) ensures that any other application for an ID card must be in the prescribed manner, and should be made to the Secretary of State or in certain circumstances to a designated documents authority and with the prescribed information.

63. In the case of a designated documents authority, an application for an ID card may in certain circumstances be made separately from any application for the designated document. This allows a designated documents authority to issue an ID card that is not part of or issued with a designated document.

64. Regulations specifying the information that may be recorded in or on an ID card or the form in which the information is to be recorded need the agreement of Parliament via affirmative resolution Subsection (9).

65. None of the provisions in this or any other clause places any constraints on the type of organisations which may be involved in the issuing process. For example, private sector organisations may have certain parts of the process contracted out to them, such as actual production of the card.

---

Amendments up to and including Friday 14th January 2005 page 3

---

Patrick Mercer Mr Humfrey Malins Mr Geoffrey Clifton Brown

Clause 8, page 7, line 4, after 'issued', insert 'free of charge'.

---

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 8, page 7, line 5, leave out 'and'.

---

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton Brown

Clause 8, page 7, line 7, at end insert 'and

(c) is issued for the following purposes only—

(i) to assist in preventing or detecting terrorist acts in the United Kingdom or elsewhere or otherwise in the interests of national security;

(ii) to assist the Secretary of State in preventing or detecting serious crime;

(iii) the purposes of controlling illegal immigration and enforcing immigration controls;
(iv) the purpose of securing proper provision of the following public services, namely—

(a) healthcare,

(b) housing,

(c) education,

(d) social security benefits.

(1A) In subsection (1)(c)(ii), "serious crime" has the same meaning as in section 1(1A).'.

---

Mr Richard Allan
Mr Alistair Carmichael

Clause 8, page 7, line 9, after 'recording', insert 'prescribed'.

---

Mr Richard Allan
Mr Alistair Carmichael

Clause 8, page 7, line 11, after 'carrying', insert 'prescribed'.

---

Mr Richard Allan
Mr Alistair Carmichael

Clause 8, page 7, line 18, leave out from 'period' to end of line 19.

---

Mr Richard Allan
Mr Alistair Carmichael

Clause 8, page 7, line 25, leave out subsection (5).

---

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Clause 8, page 7, line 29, leave out subsection (6) and insert—
'(6) An ID card relating to an individual is not to be issued except where—

(a) an application has been made by him to be entered in the Register; or

(b) an application has been made by him which in the prescribed manner confirms (with or without changes) the contents of an entry already made in the Register for that individual.'.

---

Mr Richard Allan Mr Alistair Carmichael

Clause 8, page 7, line 35, leave out subsection (7).