Identity Documents Bill Bill 1 of 2010-11 RESEARCH PAPER 10/41 4 June 2010

The Bill’s central purpose is to abolish identity cards and the National Identity Register. There are no provisions for refunding existing cardholders. The Bill retains provisions present in the to proscribe the possession or making of false identity documents other than ID cards – such as and driving licences. Immigration ID cards for foreign nationals are untouched by the measures. The Bill extends to the whole of the UK.

The Bill’s second in the House of Commons is scheduled for Wednesday 9 June 2010.

Grahame Danby

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Research Paper 10/41 Contributing Authors: Grahame Danby, Privacy, Home Affairs Section Gavin Berman and Gavin Thompson, Statistics, Social and General Statistics Section John Bardens, Anthony Elewodalu & Sue Holland, Appendix 1, Home Affairs Section

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ISSN 1368-8456

Contents

Summary 1

1 Introduction 2

2 Policy development 3 2.1 Chronology 4 2.2 Public opinion 7 2.3 Current party positions 8

3 Existing legislation 9

4 The Bill 12

Appendix 1 – Bill history of the Identity Cards Bill 2005-06 14

RESEARCH PAPER 10/41

Summary The Identity Documents Bill 2010-11 would the Identity Cards Act 2006, thereby dismantling at a stroke the framework for national identity cards. The 15,000 cards that have already been issued would be cancelled without compensation to the holders and the associated information stored on the National Identity Register destroyed. A small number of provisions in the 2006 Act – unrelated to ID cards – reappear in the Bill. These cover offences relating to the possession and manufacture of false identity documents like passports and driving licences. The Bill would also re-enact data sharing provisions in the 2006 Act designed to verify information provided in connection with applications.

The abolition of ID cards has popular support among political parties represented in Westminster, with the notable exception of Labour. The police see them as an important additional weapon in the fight against and crime while civil groups are concerned about intrusions into personal privacy posed by the cards and the associated database infrastructure. Library Research Paper 05/43, The Identity Cards Bill (13 June 2005), provides an analysis of these issues.

Untouched by the Bill are the identity cards for non-EEA nationals, some 200,000 of which are already in circulation. Notwithstanding concerns over potential function creep, the purpose of these documents is to help control immigration and combat illegal working. Liberty has argued for the abolition of these cards as well, partly on the grounds of discrimination. To achieve such a change would necessitate amending the relevant enabling legislation: the UK Borders Act 2007. Library Research Paper 07/11, The UK Borders Bill (31 January 2007) discusses the background to this particular legislation.

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1 Introduction Critics of identity cards have often claimed them to be a solution in search of a problem. There has been no shortage of candidate problems these cards might plausibly solve. At the heart of these, by definition, are situations where it is important for persons to establish their identities, either for their own benefit or that of others. From opening a bank account to buying a pint of beer, the limited number of ID cards in circulation are already finding uses – even if alternative documentation is available. At £30 each, ID cards are also a cheaper alternative to passports for travel within the (EEA) and .

The case in favour of retaining ID cards has been well put by the Police Federation, a long time supporter:

Whilst the Police Federation of England and Wales supports the implementation of a mandatory system of identity cards, it is our belief that their initial introduction should be on a voluntary basis. We consider that greater awareness of the benefits of identity cards will help to increase their level of public support.

The Police Federation has backed an identity card scheme for over a decade, not as a knee-jerk reaction to any one specific or emotive event, but following objective appraisal. Unfortunately, all too often the case for identity cards is not pushed hard enough for fear that their introduction would be seen as infringement of peoples’ civil liberties. However carrying identity cards brings benefits to us all. If an individual is stopped by the police, they would be able to confirm their identity instantly; the result of which is that they would not have to report to a police station – a lengthy process that would amount to a far greater infringement of their liberty.

Although they would undoubtedly create another hurdle for terrorists we have never claimed them to be a panacea for all forms of criminality. Nevertheless, we live in an age in which security will be paramount for the foreseeable future and all available measures should therefore be taken.

Other advantages exist including the added security individuals benefit from, by freeing up police time, helping in the prevention of fraud, reducing the problems of bogus callers as well as providing proof of age for pubs, clubs and other age-restricted areas.

There will need to be a constant review of procedures to ensure that identity cards cannot be forged and that legitimate possession is as secure as possible.

In reality misconceptions about identity cards simply do not stand up to scrutiny. They are a tried and tested law enforcement tool abroad and would make Britain a safer place in which to live, work or visit.1

Opponents of ID cards include Liberty and the campaigning group NO2ID.2 Both have welcomed the Identity Documents Bill 2010-11, albeit with some reservations as to its scope. On 27 May 2010, a Liberty press release argued that the Bill should abolish all ID cards, including those for foreign nationals introduced in 2008. It quoted Shami Chakrabarti, Director of Liberty, thus:

Liberty thanks the Government for the Bonfire of the ID cards and the junking of the National Identity Register. We have spent many years arguing that this grand folly would cost our freedom, privacy and race relations dearly and the public agreed.

1 Police Federation policy, Identity cards, (accessed 4 June 2010) 2 NO2ID press release, ID cards: the tide turns, 27 May 2010

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We hope that scrapping ID cards for foreign nationals will soon follow. Passports and visas are appropriate for immigration control – ID cards are even more divisive when only one group in society is required to hold them.3

These arguments have been further developed in Liberty’s Second Reading Briefing on the Identity Documents Bill in the House of Commons (June 2010).

There are in fact three types of ID card issued by the UK Government:

• The national identity card is for British citizens. It proves that the person has a right to work in the UK, and can be used as a passport within the EEA and Switzerland.

• The identification card is for citizens of the EEA or Switzerland who are living in the UK (and exceptionally for some British citizens). It is for identification purposes only, and cannot be used for travel or to confirm the holder's right to work here.

• The identification card for foreign nationals is for migrants from outside the EEA and Switzerland. It enables holders to confirm their identity and their immigration status, and to access their entitlements more easily.4

Some 15,000 national identity cards are in circulation, compared to 200,000 identification cards for foreign nationals.5 The former were legislated for by the Identity Cards Act 2006 (which the Identity Documents Bill aims to repeal). The latter come under the UK Borders Act 2007 (untouched, other than by a consequential amendment, in the present Bill).

2 Policy development On 21 June 1988, Tony Favell failed in his attempt to introduce a Bill under the Ten Minute Rule “to introduce a British identity card.” He proposed that such a card, issued to everyone 18 and over, would be machine-readable, the size of a credit card and would contain the holder’s photograph, name, address, date of birth and signature. Among the arguments he advanced in favour of such a card were combating football hooliganism, terrorism and crime in general. It could also be used as a means of identification for individuals seeking entry to premises. He acknowledged concerns over individual privacy by saying that an important part of his Bill would be to limit the information on the card and restrict the number of individuals who would have access to this.

Opposing the motion, David Winnick said that “the introduction of identity cards is a wholly undesirable practice, far more associated with dictatorships than with democracies, except in wartime.” He claimed that the introduction of a card system would lead to a requirement that people carry them around at all times, and described the proposal as “part of an authoritarian tendency in the Conservative Party to try to control the lives of citizens as much as possible and have records on everybody in the country”.6

Fast forward to 2005, and David Winnick was continuing to argue (and vote) against the introduction of identity cards, this time in the context of a Labour Government Bill: a Bill

3 Liberty press release, ID Cards to be scrapped – but must be scrapped for all, 27 May 2010 4 “Identity cards for foreign nationals”, UK Border Agency, 3 May 2010 5 “Identity cards scheme will be axed 'within 100 days’”, BBC News, 27 May 2010 6 HC Deb 21 June 1988 cc988-91, cited in House of Commons Library Research Paper 93/112, Identity Cards, 6 December 1993

3 RESEARCH PAPER 10/41 which was to become the Identity Cards Act 2006. References to all the parliamentary debates on the latter are given in Appendix 1.

2.1 Chronology Developments and debates on ID cards in the UK can be readily traced back almost a century. The following is a select chronology which draws from a core text7 and the BBC.8

• 1915

The National Registration Bill comes before Parliament. Its stated purpose was to require every person between 15 and 65 to register in a national register to help use the workforce to the best effect. It subsequently became an aid to conscription.

• 1918

The National Registration Act is amended to permit a constable to demand sight of the identity certificate on pain of criminal sanctions.

The Act expires on the cessation of hostilities in November.

• September 1939

Another National Registration Act is passed. It leads to the introduction of an ID card scheme which continues after the end of the War.

• 1950

Clarence Henry Willcock refused a police officer’s demand to show his national ID card, stating “I am a Liberal.” He won his case in the High Court the following year.

• February 1952

The new Conservative announces that national ID cards are to be abolished.

• May 1995

The Conservative Government publishes a green paper9 on identity cards setting out a range of options.

• June 1996

The Home Affairs Committee publishes a report on Identity Cards. The Committee’s general conclusion was: “For us, the balance of advantage to the individual citizen and to the public as a whole is in favour of the introduction of some form of voluntary identity card, subject to the proviso that the particular card is sufficiently reliable, is sufficiently widely held, is accompanied by protections for civil liberties, and does not entail disproportionate cost.”10

7 John Wadham, Caoilfhionn Gallagher and Nicole Chrolavicius, Blackstone’s Guide to The Identity Cards Act 2006, 2006 8 “Timeline: ID cards”, BBC News, 27 May 2010 9 , Identity cards: a consultation document, Cm 2879, May 1995 10 Home Affairs Committee, Identity cards, 26 June 1996, HC 172-I 1995-96, xxxix, para 126

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• August 1996

The Government announces11 its intention to introduce a voluntary ID card scheme but the General Election the following year intervenes.

• July 2002

Following the terrorist attacks of 11 September 2001, Home Secretary publishes a consultation on whether an “entitlement card scheme” should be introduced.12

• November 2003

A summary of findings from the consultation exercise was published in November 2003.13 At the same time as publishing the findings, the Government announced its decision to build a base for a compulsory national identity cards scheme. Identity Cards: the next steps14 sets out in more detail how the Government intended to proceed.

• April 2004

The Government publishes Legislation on Identity Cards: A Consultation (Cm 6178). This includes a Draft Identity Cards Bill.

• July 2004

The Home Affairs Committee publishes a report on Identity Cards. The Committee concluded that the Government had “made a convincing case for proceeding with the introduction of identity cards”, though formal minutes provide details of minority dissent.15

• October 2004

The Government publishes its response to the Committee (Cm 6359). Plans to combine new compulsory identity cards with passports and driving licences are dropped. A free-standing card is considered the most attractive option.

• November 2004

The Identity Cards Bill is introduced in the House of Commons. It subsequently falls at dissolution.

• May 2005

An Identity Cards Bill, substantially the same, is introduced in the House of Commons.

11 Government reply to the Fourth Report from the Home Affairs Committee, session 1995-6, Cm 3362, August 1996, p11, para 61 12 Entitlement Cards and Identity Fraud, Cm 5557, July 2002 13 Identity cards: a summary of findings from the consultation on entitlement cards and identity fraud, Cm 6019 14 Cm 6020, November 2003 15 Home Affairs Committee, Identity Cards, HC 130 2003-04

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• March 2006

After several defeats in the , a compromise is reached and the Identity Cards Act becomes law.

• November 2008

Roll-out of compulsory ID cards for foreign nationals begins, replacing paper documents.

An 18-month trial involving workers at and City is proposed but is met with union opposition.

• June 2009

In a written statement,16 Home Secretary Alan Johnson drops plans to make ID cards compulsory for pilots and airside workers at Manchester and London City airports.

• July 2009

Identity cards are unveiled but Mr Johnson says they will not be compulsory for UK citizens. (Compulsion would in any case require primary legislation.)

The Government continues to press ahead with the main elements of the ID card scheme - from 2011, British citizens aged 16 over who apply for a passport will automatically be registered on the national identity database.

• November 2009

People living in Greater Manchester become the first UK residents able to buy an identity card. The biometric ID card costs £30 and can be used to travel passport-free across the EEA.

The ID card should be available nationwide in 2011 or 2012.

• January 2010

Scheme extended across NW England.

• February 2010

ID cards available to 16 to 24-year-olds in London.

• May 2010

A total of 15,000 cards are in circulation. But the cards will soon be useless as the new Coalition Government announces it will scrap the scheme. It is said to have cost £5bn, although the London School of Economics has said the true bill would be between £10bn and £20bn.

The ID card system for foreign nationals from outside the European Economic Area will remain in place. Some 200,000 cards - known as biometric resident permits - have already been given to migrant workers, foreign students and family members.

16 HC Deb 30 June 2009 cc11-3WS

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2.2 Public opinion There have been two regular surveys of attitudes towards ID cards, one commissioned by the Identity and Passport Service and one by the pressure group NO2ID. The results of these are summarised in the chart below17 Prior to these, MORI polls put support for a national identity card scheme at 75% in 1995 and 85% in the wake of the September 11th attacks.18

The difference between the results is probably explained by the inclusion of cost information in the NO2ID question (see chart footnotes). Other opinion polls also showed that cost played a decisive role: a 2005 poll for the Mail on Sunday that asked the question “Are you in favour of, or opposed to, the introduction of a system of national ID cards in Britain?” met with 57% approval for ID cards; this dropped to 10% with the follow-up “What if it cost £100?”19

Percentage of public expressing approval of national identity scheme/identity cards, tracker pollsa 70% IPS (Question 1) 60%

50%

40%

30%

20%

10%

0% -05 -06 -07 -08 -09 p p p p p Jun-06 Jun-07 Jun-08 Jun-09 Jun-05 Mar-06 Mar-07 Mar-08 Mar-09 Dec-05 Se Dec-06 Se Dec-07 Se Dec-08 Se Se

a Tracker polls ask the same question to a (different) sample of individuals at regular intervals to enable opinion to be monitored consistently over time

Question 1: "Overall, to w hat extent do you agree or disagree w ith the Government's introduction of a national identity scheme, w hich includes the Identity Card?" [after probing about the possible reasons for introducing such a scheme] Question 2: "The Government has proposed the introduction of identity cards that, in combination w ith your passport, w ill cost around £93. From w hat you have seen or heard do you think that this proposal is a [good idea, bad idea etc.] ?

17 IPS poll results accessible from National Archives website []http://webarchive.nationalarchives.gov.uk/20100402100112/http://ips.gov.uk/cps/rde/xchg/ips_live/hs.xsl/22.h tm; NO2ID poll results from http://www.icmresearch.co.uk/ 18 MORI Reaction to attacks on America and identity cards poll [http://www.ipsos- mori.com/researchpublications/researcharchive/poll.aspx?oItemId=1344] 19 The Mail on Sunday, 26th June 2005, Shock for Blair as 9 out of 10 say no to £100 identity card

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2.3 Current party positions The 2010 General Election manifestos of the political parties which returned MPs include the following on identity cards:

• Conservative:

Labour’s approach to our personal privacy is the worst of all worlds – intrusive, ineffective and enormously expensive. We will scrap ID cards, the National Identity Register and the Contactpoint database. To protect our freedoms from state encroachment and encourage greater social responsibility, we will replace the Human Rights Act with a UK Bill of Rights. We will review and reform libel laws to protect freedom of speech, reduce costs and discourage libel tourism.

• Labour:

The new biometric ID scheme which already covers foreign nationals will be offered to an increasing number of British citizens, but will not be compulsory for them. It will help fight the growing threat of and fraud, as well as crime, illegal immigration and terrorism. In the next Parliament ID cards and the ID scheme will be self-financing. The price of the passport and ID cards together with savings from reduced fraud across the public services will fully cover the costs of the scheme.

• Liberal Democrat:

Through making tough choices, as well as increasing efficiency and reducing bureaucracy across government, our savings will include ... Scrapping ID cards and the next generation of biometric passports.

[...]

Liberal Democrats will ... Pay for 3,000 more police on the beat, affordable because we are cutting other spending, such as scrapping pointless ID cards.

[...]

Liberal Democrats will protect and restore your freedoms. We will ... Scrap intrusive Identity Cards and have more police instead, and also scrap plans for expensive, unnecessary new passports with additional biometric data.

• Democratic Unionist Party:

Plans to introduce ID cards should be scrapped. They are too expensive and will not tackle terrorism or illegal immigration.

• Scottish National Party:

Our MPs will speak up for Scottish values and argue to scrap the £5 billion ID card project ... so we can instead protect the vital public services we all rely on and make the investment we need for economic recovery.

• Plaid Cymru:

To start tackling the deficit we would immediately stop costly and unnecessary Government spending such as ID cards...

[...]

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Plaid Cymru will continue to fight for civil liberties and will oppose any further attempts by a future Westminster government to curtail free speech. We will continue to oppose legislation to make possible secret inquests, Internet monitoring, wasteful ID cards, the national DNA identity register and longer pre-charge periods of detention for suspects.

• Green:

To address the causes of crime we would ... Save £2.5bn per annum by not having ID cards, which are an unnecessary invasion of our privacy and will do nothing to prevent crime and terrorism.

• Alliance:

Alliance MPs would support our sister party the Liberal Democrats in tabling their Freedom Bill to scrap the most intrusive and illiberal laws introduced under the Labour Government.

For Alliance, such measures would include ... Ending the government’s expensive, unnecessary and intrusive ID card scheme...

The Sinn Fein manifesto was silent on the subject of identity cards.

The Conservative and Liberal Democrat Coalition Government agreement, The Coalition: our programme for government, reflects the consensus the two governing parties already had on identity cards:

We will be strong in defence of freedom. The Government believes that the British state has become too authoritarian, and that over the past decade it has abused and eroded fundamental human freedoms and historic civil liberties. We need to restore the rights of individuals in the face of encroaching state power, in keeping with Britain’s tradition of freedom and fairness.

[...]

We will scrap the ID card scheme, the National Identity register and the ContactPoint database, and halt the next generation of biometric passports...

3 Existing legislation A government background note prepared at the time of the Queen’s Speech gives a brief overview of the provisions of the Identity Cards Act 2006:

The Identity Cards Act 2006 received on 30 March 2006. It allows an identity cards scheme to be established in the . It provides for the establishment of a National Identity Register to hold core identity details of all UK residents who have registered together with their photograph and and for a card to be issued to them. Information held on the Register can be subject to verification for an employer, bank or building society. Prior consent of the card holder would be required before IPS would carry out verification of identity. Information from the Register on identity verification may be released without the consent of the individual to the police, security services and other relevant government departments subject to meeting necessary strict criteria. The 2006 Act also created new criminal offences relating to the misuse of ID cards and other forms of identity such as

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passports and driving licences; and other identity fraud issues. The [Identity Documents] Bill proposes re-enactment of these offences.20

Much of the Act is a set of enabling measures providing for the introduction of identity cards; some 60 regulation-making powers in all.21 The detailed roll-out of ID cards, and their precise format, has thus relied on secondary legislation.

A consultation on secondary legislation was launched by the Home Office in November 2008. Annexes to Identity Cards Act Secondary Legislation: A Consultation comprise 12 draft statutory instruments and one Draft Code of Practice on Civil Penalties.22 The consultation (end date, 13 February 2009) related to the secondary legislation needed to provide the detailed procedures, within the framework of the 2006 Act, for introducing ID cards for British and EEA nationals, “starting in 2009 with a limited number of people [members of the general public] who may apply for ID cards on a voluntary basis and to people employed airside at specified airports.”23

Some of the secondary legislation referred to above was debated in, and approved by, the 10th Delegated Legislation Committee on 1 July 2009. The relevant statutory instruments were:

Draft Identity Cards Act 2006 (Fees) Regulations 2009; Draft Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009 and the Draft Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009

This legislation was also considered by the House of Lords Merits of Statutory Instruments Committee. The Committee’s summary began:

The Committee has considered the following instruments and has determined that the special attention of the House should be drawn to them on the grounds specified.

A. Draft Identify Cards Act 2006 (Designation) Order 2009

Draft Identity Cards Act 2006 (Fees) Regulations 2009

Draft Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009

Draft Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009

Summary: The secondary legislation under the Identity Cards Act 2006 ("the 2006 Act") will establish the detailed procedures required to introduce ID cards under that Act. These four instruments, all subject to the affirmative procedure, are the first to have been laid before Parliament under the 2006 Act which will allow for the introduction of ID Cards. In addition, two further affirmative instruments and four instruments subject to the negative procedure will be laid before Parliament later in June 2009. These four affirmative instruments have a broad range of provisions, including: prescribing government departments which may be provided with information in connection with specified functions; the fees to be charged for applications; and designation, for the purpose of the 2006 Act, of a "criminal conviction certificate" when this is applied for by an airside worker. The Government intend that

20 Background Note – for legislation: Identity Documents Bill, Home Office, 25 May 2010 21 John Wadham, Caoilfhionn Gallagher and Nicole Chrolavicius, Blackstone’s Guide to The Identity Cards Act 2006, 2006 p2 22 A civil penalty may be issued for non-compliance with certain requirements imposed under the Identity Cards Act 2006 – such as failure to notify the Secretary of State of changes (e.g. change of address) affecting the accuracy of the National Identity Register. 23 Home Office (Identity and Passport Service), Identity Cards Act Secondary Legislation: A Consultation, November 2008

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these instruments, together with the instruments to be laid later this month, will permit the issuing of ID cards to airside workers: initially at Manchester and London City airports, and volunteers in Manchester, from Autumn 2009.24

The purpose of these, and other statutory instruments, was to give effect to the introduction of identity cards to parts of the UK population. A Home Office press release of 30 June 2009 read:

Residents of Greater Manchester will be able to apply for an ID card before the end of this year, and residents in the northwest will be able to apply from early next year.

From 2011-12, ID cards will roll out to the wider population on an entirely voluntary basis.25

As a result of a series of deferred divisions five sets of regulations were approved by the House of Commons on 8 July 2009:

Draft Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009

Draft Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order 2009

Draft Identity Cards Act 2006 (Fees) Regulations 2009

Draft Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009

Draft Identity Cards Act 2006 (Prescribed Information) Regulations 2009

The regulations were also approved by the House of Lords on 13 July. A sixth order, the draft Identity Cards Act 2006 (Designation) Order 2009, was withdrawn following a written ministerial statement by the then Home Secretary on 30 June. The effect of withdrawing this sixth order was to make entirely voluntary the acquisition of ID cards by British citizens (including airside workers at airports).

Further regulations subsequently came into force via the negative procedure for statutory instruments; in total, nine sets of regulations26 one of which was subsequently amended to correct small errors in definitions.27

Sections 5 – 15 of the UK Borders Act 2007 set out a framework for regulations requiring foreign nationals subject to immigration control to apply for “biometric immigration documents” (BIDs, now commonly referred to as identification cards for foreign nationals) and to provide biometric information for the application and for subsequent verification of the BID.28 Under section 4 of the Identity Cards Act 2006 BIDs can be designated as identity cards, meaning that the applicant’s details will be added to the National Identity Register (instead of on the Home Office’s Immigration and Asylum System).29

24 Merits of Statutory Instruments Committee - Nineteenth Report , HL 109 2008-09, 10 June 2009 25 Home Office press notice, ID card roll-out to be accelerated, 30 June 2009 26 Statutory instruments for the Identity Cards Act 2006, Identity and Passport Service, 8 October 2009 27 Identity Cards Act 2006 (Provision of Information with Consent) Regulations 2009 (Amendment) Regulations SI 2010/1180 28 Part III of Library research paper 07/11 The UK Borders Bill has further background information. 29 HC Deb 31 March 2008 c610W

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4 The Bill The Identity Documents Bill 2010-11 would repeal the Identity Cards Act 2006, thereby dismantling at a stroke the framework for national identity cards. Cards that have already been issued would be cancelled without compensation to the holders and the associated information stored on the National Identity Register destroyed. A small number of provisions in the 2006 Act – unrelated to ID cards – reappear in the Bill. These cover offences relating to the possession and manufacture of false identity documents like passports and driving licences.

Clause 1(1) would repeal the Identity Cards Act 2006.

Clause 1(2) flags three sections of the 2006 Act that the Bill would re-enact, with consequential amendments. These sections (25, 26 and 38) relate to offences involving possession and manufacture of false identity documents and to data sharing for the purposes of verifying passport applications. They are designed to prevent and detect fraud.

Section 36 of the Identity Cards Act 2006 amended section 1 of the Consular Fees Act 1980; the effect of this is to allow passports to be issued at subsidised rates to particular groups. Clause 1(3) of the present Bill would retain this measure subject to a consequential amendment.

Clause 2 provides for the cancellation of ID cards issued under the 2006 Act. Subsection 1 provides that no new cards could be issued immediately the Bill receives Royal Assent. Any ID cards already in circulation would be cancelled one month later (subsection 2). Every cardholder would be notified in writing of this fact by dint of subsection 3. There is no provision in the Bill for compensating cardholders in any way.

Clause 3 would ensure that all the information recorded in the National Identity Register is destroyed within two months of Royal Assent. The Register would then cease to exist. This contains the biographic and biometric fingerprint data of cardholders stored on different databases. How the information would be deleted and how this process would interact with other material stored on the relevant databases is a point of detail that merits further clarification.30

Between them, clauses 4-6 would re-enact provisions currently in section 25 of the Identity Cards Act 2006. Clause 4 proscribes the possession either of false “identity documents” (defined in clause 7) or genuine documents belonging to someone else. However, an offence would only be committed if the individual in question had “improper intention”. The latter, defined in subsection 2, essentially prohibits identity fraud. More details are given in clause 8 which lists the relevant “personal information” that might be so involved. The maximum penalty for an identity fraud offence under clause 4 would be 10 years imprisonment and/or an unlimited fine. The same penalty would apply to offences under clause 5; this prohibits the intentional manufacture or possession of apparatus, articles or materials for the purpose of producing false identity documents to commit identity fraud. The relevant penalties are unchanged from the 2006 Act.

Clause 6 provides an offence of the possession, without reasonable excuse, of a false or a genuine document that has been improperly obtained or relates to someone else, or equipment used for making false identity documents. Such an offence would be triable either way (as is the currently the case under the 2006 Act) and would, on

30 “Identity cards, identity databases, biometric passports and compulsion: Some clarifications”, LSE, 15 April 2010

12 RESEARCH PAPER 10/41 conviction on indictment, attract a maximum penalty of 2 years imprisonment and/or an unlimited fine.

Clause 7 defines what is meant by an “identity document” for the purposes of the Bill. It closely mirrors section 26 of the 2006 Act with the notable omissions of ID cards and designated documents. The latter term refers to documents an application for which would automatically trigger, under the 2006 Act, a requirement for an individual to be entered in the National Identity Register. Passports would be an obvious example for such designation. Under clause 7(6) the Secretary of State would retain the power to amend, by order, the definition of “identity document”. Such an order would be subject to the affirmative resolution procedure.

Clause 10 has the effect of re-enacting section 38 of the 2006 Act. The latter places duties on specified persons, including government departments, to provide information to the Secretary of State for the purposes of verifying information related to passport applications or decisions to withdraw an individual’s passport. Additions to the list of specified persons subject to this data sharing requirement were made by order31 in 2009 – this is reflected in clause 10.

The Government’s explanatory notes that accompany the Bill provide additional information, including the following on financial effects:

The Government expects net costs of around £5 million to be incurred this year. This includes costs associated with terminating contracts with suppliers; write-off costs for equipment already purchased; maintaining the ability to issue cards in respect of new applications until the statutory obligation to do so is removed; contacting cardholders and other stakeholders to inform them of the change; exit costs for staff who cannot be redeployed elsewhere; and payment to contractors for secure destruction of identity information already held.32

Section 37 of the Identity Cards Act 2006 requires the Government to lay before Parliament at least every six months an estimate of the likely public expenditure on the National Identity Scheme for the following ten years. The most recent National Identity Service Cost Report was published in October 2009.

31 Identity Cards Act 2006 (Information and Code of Practice on Penalties) Order SI 2009/2570 32 Bill 1 – EN

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Appendix 1 – Bill history of the Identity Cards Bill 2005-06

The following table charts the debates leading to the Identity Cards Act 2006. Selected links are given to online material.

Date Ref Description 25/05/05 Bill 9 2005-06 Identity Cards Bill. Explanatory Notes Bill 9-EN also published 25/05/05 434 c706 Identity Cards Bill. Presentation and first reading (Bill 9 2005-06). 13/06/05 HC Research The Identity Cards Bill (Bill 9 of 2005-06). House of Commons Library Paper 05/43 Research Paper 05/43 05/06 Draft changes to the Identity Cards Bill 28/06/05 435 c1151- Identity Cards Bill. Second reading debate. Amendment debated and 1269 withdrawn. Main question agreed to on division (314 to 283). Programme motion on proceedings in Committee, on Report, in Third reading and programming of any other proceedings agreed to on division (313 to 286). Queens recommendation signified. Money resolution agreed to on division (311 to 219). Ways and Means resolution agreed to on question (formal). 05/07/05 SCB Amendments 05/07/05 SCB Amendments 05/07/05 SCB Identity Cards Bill. Committee Stage. First Sitting. Programme motion agreed to. Clause 1 under consideration. 06/07/05 SCB Identity Cards Bill. Committee Stage. Second Sitting. Clause 1 agreed to. 06/04/05 SCB Amendments 07/07/05 SCB Identity Cards Bill. Committee Stage. Third Sitting (Morning). Clause 2 under consideration 07/07/05 SCB Identity Cards Bill. Committee Stage. Fourth Sitting (Afternoon). Clause 2 agreed to. Clause 3 under consideration. 07/07/05 SCB Amendments 07/07/05 SCB Amendments 12/07/05 SCB Amendments 12/07/05 SCB Identity Cards Bill. Committee stage. Fifth sitting (Morning). Clause 3 agreed to. Schedule 1 agreed to. Clause 4 agreed to. Clause 5 under consideration. 12/07/05 SCB Identity Cards Bill. Committee stage (sixth sitting) (afternoon).

12/07/05 MGP 05/1366 Letter from Tony McNulty MP to Roger Gale, MP Re: number of request for further information in relation to the Identity Cards Bill. i.e. data Protection act, Secretary of State’s duties as a data controller, Rights of data subjects, Powers of the Information Commissioner, PNC Number and Size of data files expected to be held on National Identity Register 14/07/05 SCB Identity Cards Bill. Committee Stage. Seventh sitting (Morning). Clause 11 under consideration 14/07/05 SCB Identity Cards Bill. Committee Stage. Eighth Sitting (Afternoon). Clause 11 to 18 agreed to. Clause 19 under consideration. 14/07/05 SCB Amendments 19/07/05 SCB Identity Cards Bill. Committee Stage. Ninth Sitting (Morning). Clauses 19 to 23 agreed to. Clause 24 under consideration.

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19/07/05 SCB Identity Cards Bill. Committee Stage. Tenth Sitting (Afternoon). Clauses 24 to 30 agreed to. 19/07/05 SCB Amendments 20/07/05 MGP 05/1739 Letter from Tony McNulty MP to Roger Gale, MP Re: number of request for further information in relation to the Identity Cards Bill. i.e. Civil contingencies act 2004, Clause 11 and Scotland, Provision of information under clause 22, False document offences’ UKPS Personal Information Project (PIP) report and the UKPS Annual Report 21/07/05 Bill 49 2005-06 Identity Cards Bill. As amended in Standing Committee D 21/07/05 SCB Identity Cards Bill. Committee Stage. Eleventh Sitting. Clauses 31 to 45 agreed to one with an amendment. Schedule 2 agreed to. Bill as amended to be reported. 21/07/05 SCB Amendments 12/10/05 HL 44 2005-06 Constitution Select Committee (HL) third report on the Identity Cards Bill 2005-06. 18/10/05 437 c708-16 Identity Cards Bill. Debate on Programme motion (No 3) on report stage and third reading. Agreed to on division (322 to 257). 18/10/05 437 c717-813, Identity Cards Bill. Debate on motion to re-commit Bill to a Select 438 c150 Committee negatived on division (243 to 326). Report stage and third reading debate. Agreed to on division (309 to 284). Passed. 18/10/05 Ref: 203 Amendments 19/10/05 HL Bill 28 2005- Identity Cards Bill. Brought from the Commons. Explanatory notes HL Bill 06 28-EN also published. 19/10/05 674 c751 Identity Cards Bill. Brought from the Commons. Lords first reading. (HL Bill 28 2005-06). 31/10/05 675 c12-116 Identity Cards Bill. Lords second reading debate. Agreed to on question and committed to a Committee of the Whole House. 31/10/05 ePolitix Briefing paper for a number of Bill that are to be debated in the Parliamentary session. Includes a selection of responses to the Identity cards bill by a number of stakeholder organisations 01/11/05 HL Bill 28 (a) Amendments 02/11/05 HL Bill 28 (b) Amendments 03/11/05 HL Bill 28 (c) Amendments 07/11/05 HL Bill 28 (d) Amendments 07/11/05 675 c395-6 Identity Cards Bill. Lords motion on instruction to Committee of the Whole House on order of clauses to be taken. Agreed to on question (formal). 08/11/05 HL Bill 28 (e) Amendments 09/11/05 HL 63 2005-06 Delegated Powers and Regulatory Reform Committee (HL) fifth report on the Identity Cards Bill 09/11/05 HL Bill 28 (f) Amendments 10/11/05 HL Bill 28 (g) Amendments 11/11/05 HL Bill 28 - I Amendments 14/1/05 HL Bill 28-I (a) Amendments 15/11/05 675 c958-1028 Identity Cards Bill. Lords committee stage first day. Clause 1 under consideration. (Part 1 of 1) 15/11/05 675 c1042-62 Identity Cards Bill. Lords committee stage first day. Clause 1 under consideration. (Part 2 of 2) 15/11/05 HL Bill - II Amendments 16/11/05 675 c1073-1139 Identity Cards Bill. Lords Committee stage second day. Clause 1 under consideration. (Part 1 of 2 records). 16/11/05 675 c1157-78 Identity Cards Bill. Lords Committee stage second day. Clause 1 under consideration. (Part 2 of 2 records). 16/11/05 HL Bill 28-II(a) Amendments 17/11/05 HL Bill 28-II(b) Amendments 21/11/05 HL Bill 28-III Amendments 22/11/05 HL Bill 28-III(a) Amendments 23/11/05 675 c1625-96, Identity Cards Bill. Lords committee stage third day. Clauses 1-3 agreed to. 1698-720 24/11/05 HL Bill 28-III(b) Amendments

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25/11/05 HL Bill 28-III(c) Amendments 29/11/05 HL Bill 28-III(d) Amendments HO Response Home office response to The London school of Economics’ ID Cards cost estimates & alternative blueprints. 01/12/05 HL Bill-III (e) Amendments 02/12/05 HL Bill-III (f) Amendments 05/12/05 HL Bill-III (g) Amendments 06/12/05 HL Bill-III (h) Amendments 08/12/05 HL Bill - IV Amendments 12/12/05 676 c1048-1108 Identity Cards Bill. Lords Committee stage fourth day. Schedule 1 agreed to. Clauses 4 to 7 agreed to. New clause under consideration. (Part 2 of 2 records). 12/12/05 HL Bill – 28 V Amendments 13/12/05 HL Bill–28 V(a) Amendments 14/12/05 676 c1333-56 Identity Cards Bill. Lords Committee stage fifth day. Clauses 8 to 23 agreed to. 14/12/05 676 c1257-326 Identity Cards Bill. Lords Committee stage fifth day. Clauses 8 to 23 agreed to. (Part 1 of 2 records). 19/12/05 676 c1511-67 Identity Cards Bill. Lords Committee stage sixth day. Clauses 24 to 45 agreed to. Schedule 2 agreed to. Bill reported with amendments (HL Bill 55). 06/01/06 HL Bill 55(a) Amendments 09/01/06 HL Bill 55(b) Amendments 10/01/06 HL Bill 55(c) Amendments 11/01/06 HL Bill 55(d) Amendments 11/01/06 677 c167 Identity Cards Bill. Lords motion on order in which amendments for Report Stage be marshalled and considered. Agreed to on question (formal). 16/01/06 677 c511-38 Identity Cards Bill. Lords Report stage first day. (Part 2 of 2 16/01/06 677 c427-94 Identity Cards Bill. Lords Report stage first day. (Part 1 of 2) 17/01/06 HL Bill55- Amendments (Marshalled List) I(Rev)(a) 18/01/06 HL Bill55- Amendments (Marshalled List) I(Rev)(b) 19/01/06 HL Bill 55-II Amendments 23/01/06 677 c1040-56 Identity Cards Bill. Lords Report stage second day. Amendments debated and agreed to on division. Other amendments debated and withdrawn. Part 2 of 2 records. 23/01/06 677 c955-1024 Identity Cards Bill. Lords Report stage second day. Amendments debated and agreed to on division. Other amendments debated and withdrawn. Part 1 of 2 records. 23/01/06 HL Bill 55-II(a) Amendments (Marshalled List) 24/01/06 HL Bill 55-II(b) Amendments (Marshalled List) 26/01/06 HL Bill 55-III Amendments 27/01/06 HL Bill 55- Revised Third Marshalled List (Amendments) III(Rev) 30/01/06 HL Bill 71 2005- Identity Cards Bill. As amended on Report (HL). 06 01/02/06 HL Bill 71 (a) Amendments 02/02/06 HL Bill 71 (b) Amendments 03/02/06 HL Bill 71-I Marshalled List of Amendments to be moved on third reading 06/02/06 678 c425-69 Identity Cards Bill. Lords third reading and debate on amendments. Motion that Bill do now pass agreed to on question. Passed and returned to Commons with amendments. 07/02/06 Bill 126 2005-06 Identity Cards Bill . Lords amendments 13/02/06 442 c1144-253 Identity Cards Bill. Programme motion (No 4) on consideration of Lords amendments. Agreed to on question (formal). Consideration of Lords amendments. Lords amendments 19,20 and 23 agreed to. Lords amendments 2,5-15,17,18,24- 46,49,52-67,71 and 72 agreed to. Remaining Lords amendments disagreed to, some on division. Committee appointed to draw up reasons to be assigned to the Lords for disagreeing to their amendments 4,16,22,47,48,50 and 51. Reasons reported and agreed to. Bill and reasons returned to Lords 13/02/06 Ref 1277 Lords Amendments

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13/02/06 Ref 341 Lords Amendments 14/02/06 678 c1142 Identity Cards Bill. Returned from the Commons with certain amendments disagreed to but with amendments proposed in lieu thereof, with certain other amendments disagreed to with reasons for such disagreement, and with the remaining amendments agreed to; Commons amendments and reasons ordered to be printed (HL Bill 75 2005-06). 28/02/06 HL Bill 75 (a) Identity Cards Bill. Motions to be moved on consideration of Commons Amendments and reasons. 03/03/06 HL Bill 75 - I Identity cards Bill. Marshalled list of motions to be moved on consideration of Commons Amendments and reasons. Lords amendments Nos 1, 68, 69 and 70. 06/03/06 679 c533-85 Identity Cards Bill. Consideration of Commons amendments and reasons. Motion not to insist on certain Lords amendments and to agree with Commons amendments in lieu agreed to. Motions not to insist on certain other Lords amendments agreed to. Motion to insist on remaining Lords amendments agreed to. Committee appointed to propose reason for insistence on Lords amendments. Reason reported and agreed to. Bill returned to Commons with reason. 06/03/06 Bill 139 Lords reasons for insisting on certain Lords Amendments 13/03/06 443 c1248-66 Identity Cards Bill. Lords reasons for insisting on certain of their amendments to which the Commons have disagreed, considered. Lords amendments disagreed to on division (310 to 277). Amendment in lieu agreed to. 13/03/06 Hl Bill 86 2005- Identity Cards Bill. Commons insistence on disagreement to Lords amendments and 06 amendment in lieu 13/03/06 Ref 415 Proceeding on consideration of Lords message 13/03/06 Ref 1537 Consideration of Lords Message 14/03/06 HL Bill 86-I Marshalled list of motions to be moved in consideration of Commons Amendments (Lords Amendments NOs 16 and 22). 15/03/06 Bill 148 2005-06 Identity Cards Bill. Lords reasons for insisting on certain Lords Amendments and disagreeing to a Commons Amendment in lieu (vote) 15/03/06 679 c1223-52 Identity Cards Bill. Consideration of Commons amendments. Motion to insist on the Lords amendments and to disagree with Commons amendment in lieu agreed to on division (218 to 183). Committee appointed to propose a reason for Lords insistence. Reason reported and agreed to. Bill retuned to Commsn with reason 16/03/06 679 c1458 Identity Cards Bill. Returned from Commons with the Commons disagreement to certain Lords amendments insisted on and with amendments proposed in lieu; and with a Commons amendment to which the Lords have disagreed not insisted on; Commons amendments ordered to be printed (HL Bill 89 2005-06). 16/03/06 443 c1641-63 Identity Cards Bill. Lords reasons for insisting on amendments and disagreeing to Commons amendments, considered. Motion that Commons insists on its disagreement with the Lords in the their amendments 16 and 22 and proposes Government amendments (a) and (b) in lieu thereof agreed to on division (292 to 241). 16/03/06 Ref 1613 Consideration on Lords Message 16/03/06 Ref 445 Consideration on Lords Message 17/03/06 HL Bill 89-I Marshalled listr of motions and amendments to be moved on consideration of commons insistence and amendments 20/03/06 Bill 150 2005-06 Identity Cards Bill. Lords non-insistence on certain Lords amendments, disagreement to Commons amendments in lieu and amendments in lieu 20/03/06 680 c21-45 Identity Cards Bill. Commons amendments considered. Motion that the Lords do not insist on amendments 16 and 22 in respect of which Commons have insisted on their disagreement and do agree with Commons in their amendments in lieu. Amended motion agreed to on division (211 to 175). Bill returned to Commons with amendments. 21/03/06 444 c181-201 Identity Cards Bill. Consideration of Lords amendments and reasons. Commons amendments not insisted on and Lords amendments disagreed to on division (284 to 241). Motion that Committee be appointed to draw up reasons to be assigned to the Lords for disagreeing to their amendments. Agreed to on question. Reason reported and agreed to. Message sent to the Lords with reason, Bill and amendments. 21/03/06 Ref 1631 Consideration of Lords message 21/03/06 Ref 459 Proceedings on consideration of Lords message 22/03/06 HL Bill 92 2005- Identity Cards Bill. Commons reasons for disagreeing to Lords amendments in lieu 06 22/03/06 680 c344 Identity Cards Bill. Returned from Commons with certain Commons amendments to which the Lords have disagreed not insisted on and with the Lords amendments disagreed to; Commons reasons were ordered to be printed. (HL Bill 92 2005-06).

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22/03/06 HL Bill 92 (a) Motions and amendments to be moved on consideration of Commons reasons 27/03/06 HL Bill 92 - I Marshalled list of motions and amendments to be moved on consideration of Commons reasons 28/03/06 Bill 159 2005-06 Identity Cards Bill. Lords non-insistence and amendments. 28/03/06 680 c643-69 Identity Cards Bill. Consideration of Commons reasons. Lords amendments in lieu to which Commons disagreed not insisted on. Lords amendments in lieu agreed to. Bill returned to the Commons with amendments. 29/03/06 680 c796-808 Identity Cards Bill. Consideration of Commons reasons for disagreeing to Lords amendments. Lords amendments to which the Commons have disagreed not insisted on. Lords amendments in lieu agreed to. Bill returned to the Commons with amendments 29/03/06 444 c999-1015 Identity Cards Bill. Further consideration of Lords message. Lords non-insistence on their amendments and amendments in lieu agreed to on division (301 to 84). 29/03/06 444 c875-95 Identity Cards Bill. Consideration of Lords message. Lords amendments disagreed to on division (305 to 251). Motion to appoint Committee to draw up Reasons to be assigned to the Lords for disagreeing to their amendments. Agreed to on question. Reason reported and agreed to. Message to the Lords to communicate Reason, with Bill and amendments 29/03/06 Bill 165 2005-06 Identity Cards Bill. Lords non-insistence and amendments in lieu. 29/03/06 Ref 1651 Consideration of Lords message 29/03/06 Ref 463 Proceedings on consideration of Lords message 29/03/06 Ref 473 Proceedings on consideration of Lords message 30/03/06 CHAP 15 2006 Identity Cards Act 2006. Royal Assent 30 March 2006.CHAP 15 2006. Explanatory Notes also published 30/03/06 Lords Minutes Identity Cards Bill. Returned from the Commons with the amendments agreed to. 30/03/06 444 c1061 Identity Cards Bill. Royal Assent notified 30 March 2006. CHAP 15 2006

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