Artificial Intelligence

Debate between Lord Swinfen and Lord Ashton of Hyde

Thursday 26th April 2018 Lords Chamber

[Lord Swinfen (Con)]

My Lords, the world of artificial intelligence is advancing rapidly and changing the whole time. Is my noble friend satisfied that our laws are up to date and can cope with the advances being made?

[Lord Ashton of Hyde]

My noble friend has the advantage of having been on the committee and probably knows more about this than I do. I do not think that one could ever say that one was satisfied that the laws were perfect in a fast-moving field such as AI and the new tech area. The Data Protection Bill, which is coming up for Report in the other place soon, is one way in which Europe and this country are bringing in data protection. In that context, I should mention the Information Commissioner, referred to by the noble Lords, Lord Stevenson and Lord Clement-Jones. We are looking carefully at what the Information Commissioner has asked for, especially in terms of powers. We are working on the legislation and trying to make it as future-proof as possible. Whether the Data Protection Act will last the 20 years that the last one did, I am not so sure.

Immigration Bill

Debate between Lord Swinfen and Lord Ashton of Hyde

Tuesday 9th February 2016 Grand Committee

[Lord Ashton of Hyde]

My Lords, I am grateful to all noble Lords who have spoken. Perhaps I should first declare an interest in that one of my daughters has dual nationality. Indeed, she has two passports.

I start by saying that the noble Lord, Lord Green, very kindly asked me to ask my officials rather than answer his question. I certainly will ask my officials. Equally, I will take on board the comments of the noble Lord, Lord Wallace, and take them back to the department.

My noble friend Lord Marlesford has form on this question. I am conscious that I am but the latest in a long line of Ministers—“distinguished Ministers” is being whispered to me—including my noble friends Lady Anelay, Lord Taylor of Holbeach and of course Lord Bates, who, within a very short space of time, have answered the question put by my noble friend Lord Marlesford during debates on immigration Bills, counterterrorism Bills and in Questions in the House. As I said, I am just the latest in a long line and so, in hope rather than in expectation, here goes.

My noble friend will be aware from his long-standing interest in this matter that Her Majesty’s Passport Office requires holders of passports issued by another country to provide details of that passport at the time of application. He made the point that he understood that; the question was whether it would be on an electronic, searchable register. The reason for asking for other passports is to minimise the ability of the British passport applicant to obtain a British passport in a name and identity which is not consistent with an overseas passport. The holding of dual or second nationality is not in itself relevant to the issuing of a British passport. Instead, HMPO collects the information on any other passport held in order to help confirm the identity of the applicant. It provides an additional element of identity verification.

Therefore, requiring a British passport holder who holds or held dual nationality to supply information outside the British passport application process would be an unnecessary and additional function for HMPO. Failure to notify any acquisition or loss of citizenship would require an enforcement and penalty structure. This would in our view be disproportionate and likely result in legal challenges as the failure to notify would have no impact on the validity of the British passport. As I said, it is already a mandatory requirement for all applicants to submit any other passports that they hold, British or otherwise, when applying for a new passport. However, I can tell my noble friend that the Home Office continues to explore ways in which information held within the department is shared effectively to help to prevent and detect crime. My noble friend will be pleased to learn that HMPO is looking at enhancing how information at the point of application is collected and shared across Home Office agencies by making better use of technology. This would include information collected on dual national passport holders at the point of application. Information is held by the Home Office on dual nationals who apply for British citizenship and who subsequently apply for a British passport. Such information is necessary to progress the application for citizenship or when making jointly an application for citizenship and a passport. Outside of either process, the need for information on dual nationality would be unnecessary and would not serve any useful purpose.

Finally, I recognise that my noble friend has concerns about the security implications if his suggestions are not accepted, and I agree that the security of the public is of the highest importance. That is why we ask the views of the law enforcement agencies each time this matter is raised. Their response remains consistent—that the establishment of a dual national database is not considered operationally essential. Despite that, I fear that my noble friend will not be convinced by this response, but I hope that he will acknowledge that information on dual nationality is already collected and maintained. We do not see additional security benefit in extending the data collection process. I respectfully request that the amendment be withdrawn.

[Lord Swinfen]

Does my noble friend consider that, when someone has more than one passport, the other passport should be noted in the British passport so that officials know that there is more than one nationality involved and other passports may also be held?

[Lord Ashton of Hyde]

As I said, we are trying to make that information available by using electronic means, and we are looking at that at the moment. We have not received advice that that is necessary. Information is always useful to have, but it is not considered an operational necessity at the moment.