Identity Documents Bill

Debate between Countess of Mar and Lord Hunt of Kings Heath

Monday 1st November 2010 Grand Committee

[The Countess of Mar]

My Lords, I support the noble Lord, Lord Phillips, as does the Joint Committee on Human Rights. On page 3 of its summary, the Joint Committee states:

“Clause 3 of the Bill requires the Secretary of State to destroy all information recorded in the NIR within two months of the Bill receiving Royal Assent. We recommend that Clause 3 be amended to ensure that not only information held on the NIR but all other information collected in connection with the NIR be destroyed in line with the requirements of the Data Protection Act 1998, and without delay”.

I support the amendment of the noble Lord, Lord Phillips.

[Lord Hunt of Kings Heath]

My Lords, although there are different views about the ID scheme—as we identified in our earlier debates—clearly there is a general understanding among all noble Lords that, given that the ID card scheme will be scrapped if the legislation is passed, the destruction of the data needs to occur properly and efficiently. I agree with the spirit of the amendment of the noble Lord, Lord Phillips. The question is, what is the best way to achieve the desirable policy outcome? Clearly, destruction must be thorough, transparent and successful in order to provide sufficient public confidence in the process. Those whose data are held on the national identity register deserve reassurance that their personal information has been destroyed to an acceptable standard.

I was grateful to the Minister for saying at Second Reading that the Government were committed to producing a Written Statement to Parliament on the event of the destruction of the data contained in the national identity register. It is absolutely right, and I welcome the fact, that the Government will report on the process and delivery of the destruction of the data. However, given the report of the Joint Committee and the comments of the noble Baroness and the noble Lord, and given that it is such a sensitive area, it would be helpful if that were to be made a statutory requirement. In reporting to Parliament, the Government should specify what data have been destroyed, the process involved and the standard by which destruction occurred. I recognise that the Minister is having a tough day with the Statement as well as this Committee, but it would be helpful if she were able to give a little more information in respect of that.

I would also like to follow the noble Lord’s amendment and its implication. Will the Minister confirm that the destruction will occur in line with the standards of the Data Protection Act 1998 to ensure that the process is recognised as being fully comprehensive? On Report in the other place, the Minister, Mr Damian Green, revealed that the Government were in contact with the Information Commissioner’s Office about the destruction process. As part of the Government’s stated wish to ensure transparency and openness about the physical destruction process, will the Minister consider making available communications with the Information Commissioner as soon as possible and, at the very least, include this information in the report that the amendment calls for?

Finally, Clause 3 requires destruction of data within two months of Royal Assent. I would be grateful to have confirmation from the noble Baroness that the Government are confident that that deadline can be met.