Identity Documents Bill

Debate between Countess of Mar and Lord Phillips of Sudbury

Monday 1st November 2010 Grand Committee

[Lord Phillips of Sudbury]

My Lords, I will speak to this quite briefly. Clause 3 is about the destruction of information recorded in the national register. It is of paramount importance that that be done without let or hindrance, so that at the end of the destruction process everyone is satisfied that there are no loose ends. This is a probing amendment, because I am not entirely sure that the wording of Clause 3 is comprehensive. Of course, I am not privy to the complex arrangements that are no doubt being considered about how the destruction process will proceed. However, we must be absolutely sure that all the data on the national information register are destroyed, including data that are stored or co-stored elsewhere, because, in the process of unrolling this massive scheme, a great deal of information went out to various contractors.

The amendment would add the words “or under its control” at the end of the sentence:

“The Secretary of State must ensure that all the information recorded in the National Identity Register”.

It is designed to catch any information that derives from the register and exists beyond its boundaries in order to ensure that it is wholly and irretrievably destroyed. I would be grateful if the Minister would confirm that such contracts as do exist ensure that the Government can, in pursuance of Clause 3, make sure that any information held elsewhere is destroyed, and that they have the right to check that that is the case. I beg to move.

[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.