Identity Documents Bill

Denis MacShane Excerpts

Wednesday 15th September 2010 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

It is a real pleasure to follow the hon. Member for Perth and North Perthshire (Pete Wishart), who, with Celtic chutzpah, put the damning case against identity cards and the national identity register extremely well and with great wit and humour. I pay tribute to him.

I am sure that the hon. Member for Hackney South and Shoreditch (Meg Hillier) will forgive me for saying that the fortitude with which she moved the new clause characterised her approach throughout the long march of ID cards up to the top of the hill and now, happily, down again. She reminds me of Queen Victoria during the Boer war. When it was put to her in the early stages that there was a possibility of defeat, she memorably said, “I do not accept the possibility of defeat. It does not exist.” The attitude of the hon. Lady and the former Government to ID cards is encapsulated in that memorable quotation. There has been a state of denial and an almost fanatical refusal of the reality of how the debate on ID cards has shifted since the early days, when I concede opinion polls were somewhat against those who opposed the cards.

There is no doubt that there has been a sea change in public opinion in recent years, encouraged not only by parties in the House but by a genuine campaign across the country against the menace of ID cards and the national identity register. Yet the former Government did not listen to that campaign or to members of my party, the Liberal Democrats or the nationalist parties. There was a grand coalition against the proposals, but still they pressed ahead. Worse than that, to use another military metaphor, they laid booby trap after booby trap to make it as difficult as possible for people to withdraw from the scheme. That is where the new clause fails the test that we should set it.

Although I appreciate the spirit behind the proposal, there is no doubt that members of the public who chose to buy an identity card would, by definition, have been aware of the raging debate about that contentious issue. I have to say to them, caveat emptor—let the buyer beware. When buying the card, they knew that it was my party’s stated intention to take immediate steps to end the scheme, and that other parties were saying exactly the same thing. The message was loud and clear.

The situation is rather like the one 13 years ago, when the Labour Government came to office. They made their position clear about certain policies—for example, promising an end to tax credits for people on private health schemes. We are not here to debate that now, but it is a parallel point. Labour was elected to office overwhelmingly and carried out its policy, as it was entitled to do. The electorate were given a clear message, and the late Government did not renege upon their promise. They pressed ahead based upon the mandate that they had received. Although we can debate the merits of that decision, it was their prerogative. Now, 13 years later, we are in a similar position. We have a Government consisting of two parties that made their position crystal clear before the election, yet if we accept the amendment, we will be applying a different rule.

Politics is a tough occupation—I am sure we all have direct experience of that. We win some, we lose some. Labour comprehensively lost the argument on identity cards and the national register, and I submit that in those circumstances, the best thing for it to do is accept defeat gracefully and not press the new clause.

[Mr Denis MacShane (Rotherham) (Lab)]

The hon. Member for South Swindon (Mr Buckland) was eloquent and I agree with much of what he said, above all about the centrality of the manifesto on which a party is elected. The Conservative party was elected on a very clear manifesto against the alternative vote, and of course Conservative Members are now marching into the Lobby to vote for a referendum on it. However, he will have to learn a lesson about politics that I have had to learn for much of my life, which is the pleasure of swallowing one’s previous pledges and standing on one’s head. On AV, which is far more important than this minor Bill, the Conservative party is doing both. The nation will duly take note.

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[The Minister for Immigration (Damian Green)]

Don’t even think about it.

[Mr MacShane]

The Minister is quite right. However, it was my money that paid for my ID card, and the state has no right to confiscate my money. If it took a house or land from me by compulsory purchase, it would have to pay the due sum.

[Mr Burley]

Is the right hon. Gentleman aware that his decision to buy an ID card, whether or not he intended to claim the money back, was entirely a free choice? He had a choice whether to buy one, and he chose to do so. These are the consequences.

[Mr MacShane]

I am terribly sorry, but I obtained my ID card and paid my £30. The new Government are rightly seeking to confiscate it, but they owe me modest compensation for doing so. I would never be allowed, under your stern tutelage, Mr Deputy Speaker, to accuse the Ministers of misleading the House or not being straight with us, but may I say that they are being a right pair of tea leaves at the moment? They are going to steal my money and not hand it back. [Interruption.] I mean that they are fond of tea and coffee. A very sound principle of British law is that if the state changes regulations and confiscates an individual’s property that was bought in good faith, forms of compensation are normally paid.

That is not just my view but that of a distinguished Conservative adviser, Lord Levene, who I believe the Prime Minister has hired to advise him on reducing defence expenditure, or perhaps more accurately to achieve smarter procurement in defence, which is his speciality. He wrote a very cross letter to The Times, about which we later had a very nice telephone conversation, in which he said that it was quite preposterous that having bought his identity card in good faith, he should now have it confiscated without any compensation. I bow to Lord Levene as a banker, a man of affairs, a business leader and a distinguished Government adviser, and shelter behind his outrage. Frankly, it does not matter if we are talking about one person or 14 million people. I put it to the hon. Member for Perth and North Perthshire that the Government could do themselves no end of good by accepting the new clause, because 14,000 or 15,000 people, in good faith, took out ID cards—[Interruption.] Sorry, 11,000 people paid money for cards and others got them free. They have used the cards for three months, so compensation could be made pro rata. It would do the Government no harm—they have sent letters to Lord Levene and me, but they will be sending more—to put a little cheque in the post for those people.

[Damian Green]

The right hon. Gentleman was in danger of coming close to a serious point, and I thought it deserved to be dealt with. I am sure he has read the Bill and the Identity Cards Act 2006 carefully, so he will be aware that the Government of whom he was such a distinguished and eloquent supporter for so many years wrote the legislation so that the ID card, which he says is to be confiscated, is not his property. The ID card has always been the property of the state, so he cannot run the argument that his property will be confiscated.

[Mr MacShane]

I am grateful for that hair-splitting point. My passport remains the property of the state, but the plain fact is that I and 11,000 others paid £30. That is not a lot of money, but it was paid in good faith. New clause 2, gently and in a friendly way—there will be other opportunities to make similar points—says that there should be polite compensation. That is a long-established principle of British democratic practice. We are talking peanuts, so the Government would do themselves no harm at all if they erred gently on the side of generosity.

[Guy Opperman]

I shall not detain the House long, but the Bill has rightly been described as a long march. The previous Government’s policy began years ago as a proposal for a compulsory scheme, forcing ID cards on individuals. As a result, there was tremendous opposition. It is surely a rare day when the Conservative and Liberal coalition is supported by Justice and other individuals and organisations that promote civil liberties.

The Government, having decided that the scheme would be compulsory, indicated in the previous Parliament that the scheme would be voluntary. I confess that my vast research was not into answering the question whether schemes in other parts of Europe are compulsory rather than voluntary, which the right hon. Member for Rotherham (Mr MacShane) raised. However, the UK scheme was voluntary and people signed up it.

The 2006 Act wound its way tortuously through the House, slowly but surely, faltering at every step, like some relic of yesteryear, as the previous Government attempted to demonstrate tremendous moral fibre in some shape or form. They were in the position of having to carry the measure, and the scheme eventually became voluntary. As soon as the scheme became voluntary, the argument in favour of repayment fell away. People were not obliged to sign up for an ID card, and could instead rely on their passports, driving licences or alternative documentation.

The reality is that people voluntarily signed up to pay for an ID card. They were not forced to sign up, so the Government’s approach must be dramatically different. The decision to sign up is for the individual, and the legislation states that if they do not want to sign up, they do not have to do so. It is not incumbent on the state, at this or at any other stage, to pay compensation.

[Mr MacShane]

Let me ask the hon. Gentleman a question so I can get this clear: if he voluntarily buys a house and the council comes along and takes it off him, is he saying that the council does not have to pay compensation?

[Guy Opperman]

A variety of things could happen in that situation, not least suing the council. I can assure the right hon. Gentleman that various people who gave evidence to the Public Bill Committee indicated that they might contemplate suing the Government. People could sue the council if they were put in that position.

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This is a relatively small issue, and we could go too far on it, but the people who bought ID cards did so in good faith—

[Mr MacShane]

It is a narrow point, but it is an important point. Since 1945, there have been many elections—although perhaps not recently—in which a party has said that if elected it would nationalise a private industry. The owners of the shares in that industry—even if the shares amounted to £20 and were bought on the day of the election—always received due compensation. We do not confiscate without some compensation. That is a very important point of British democracy.

[Steve McCabe]

There is a principle here, and that is my point. People bought these cards in good faith. It is all very well for other hon. Members to say that it was clear that if the election results went a certain way they would be abolished, but everyone—including the hon. Members for Hexham (Guy Opperman), for South Swindon (Mr Buckland) and indeed for Perth and North Perthshire (Pete Wishart)—must remember that no one won the last election. The Conservatives did not convince the electorate of the merits of their manifesto, nor did the coalition partners. That is why we have a coalition. The election result was not clear cut and no single party succeeded in convincing the electorate that they had a right to govern by itself. In that context, it would be reasonable to show a bit of humility in the proposals the Government make.

I have no objection to the Government choosing to abolish ID cards, but I do object to them seeking to penalise and punish those who bought cards in good faith. The electorate will remember all these grand speeches saying that those people do not count for anything and the derogatory remarks—although I am sure that they were made in jest—of the hon. Member for Perth and North Perthshire. Hon. Members should recognise that those people acted in good faith and it is not appropriate to penalise them.

We do not want to make a massive deal of this, but the Minister has had quite a lot of time to think about it. We are talking about a relatively modest amount of money, but the precedent it would set is very important. If the precedent is set that people will be punished if, after having acted in good faith by doing something that the Government of the day encouraged, it will cause paralysis in many other areas.

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[Julie Hilling]

The hon. Lady does not quite understand that my party, the loyal Opposition, does not have the power to make payments. If only we did. If only we had the power to say to those who bought identity cards, “We will reimburse this money.”

[Mr MacShane]

Can we nail this extraordinary new constitutional doctrine that because a party thinks it is going to win an election, everything should come to a dead halt before the people have voted? I saw the shadow Home Secretary at the Great Eastern Tandoori restaurant in Pimlico the day after the election, except he was not to become the Home Secretary. Should he receive compensation? We really have to stop this nonsense. Power might have changed hands, but we should still accept responsibility and pay the compensation.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Members are getting carried away with interventions, and we ought to stick to the point. Mr MacShane should know better.

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[Keith Vaz]

Unfortunately I did not know about those points until they were made. Had I known that they would be raised, I would not have given way. However, as you say, Mr Deputy Speaker, this is not a debate about Lord Howard; it is a debate about new clause 2.

Although I came into the Chamber wanting to support those on my Front Bench—and I still want to, because I have great respect for my hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier), who was a superb Minister, appearing many times before the Home Affairs Committee on identity issues, including the cost of identity cards and their implementation—I am probably minded to abstain if there is a vote.

I understand that the Minister has written to—[Interruption.] Let me say to my right hon. Friend the Member for Rotherham (Mr MacShane), for whom I have enormous respect and affection, that I do not think that what is proposed is the equivalent of the nationalisation of British Steel, with the Government moving in to take away somebody else’s property, including his own. As the Minister said, the card that my right hon. Friend is waving before me is the property of the Government. However, that is a side issue. I understand that when he makes his point, he comes from the steel capital of Britain, but we are not talking about the nationalisation of British Steel.

[Mr MacShane]

I am grateful to my right hon. Friend—for whom I worked as a Parliamentary Private Secretary for many happy years—for giving way. I would be quite happy to concede the financial point if the Government were prepared to cut a deal and let me keep the card until it expired. That seems quite reasonable, because it is a European card. Every time I have used it to go through airports in the past three months, people have said, “Ooh, that’s a good idea! The Brits are becoming like us.” Well, thanks to the coalition, now we are not.

[Keith Vaz]

Let me say to my right hon. Friend, the former Minister for Europe—

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[Keith Vaz]

Indeed. Let me say to my right hon. Friend the Member for Rotherham (Mr MacShane) that he is the last person who needs an identity card to get into France. He is probably the only former Minister for Europe to be fluent in half a dozen European languages. His very face is sufficient to get him into the European Union.

[Mr MacShane]

But we are in the European Union.

[Keith Vaz]

I meant the mainland European Union.

Anyway, before this becomes a debate about the European Union, let me say that I shall abstain on new clause 2. However, I am attracted to amendment 8, which stands in the name of my hon. Friends the Members for Birmingham, Selly Oak (Steve McCabe) and for Houghton and Sunderland South (Bridget Phillipson), and not just because they are distinguished members of the Home Affairs Committee, as the hon. Member for Cannock Chase (Mr Burley) is, but because there is a lot of merit in what they say. The Minister should take amendment 8 seriously. I do not know whether my hon. Friends will push it to a vote, but the destruction of the data is an important issue.

When I raised this matter on the Floor of the House, following the Home Secretary’s announcement that ID cards were to be abolished, either she or the Minister—I cannot be sure which—said that there would be a huge event in which all the data would be destroyed. I think that it was said, perhaps playfully, that there would be a big bonfire, and that Members of the House would be invited to attend such an event. I know that that was meant in jest, but this is a serious point.

I support what the Government are doing to remove the names of innocent people from the database. That is absolutely a move in the right direction. The hon. Member for Perth and North Perthshire (Pete Wishart) asked whether the previous Government had lost their way on civil liberties issues, and I would say that we did a little, partly because of a lack of scrutiny by this House, rather than through any intent on the part of the Government. We should have been better at scrutinising legislation.

I hope that, when the Minister responds, he will give us a clear statement on how the data are to be destroyed. My hon. Friends who have tabled amendment 8 have proposed a time limit of four months, within which a statement must be made to the House. I do not believe for one moment that that is an unreasonable request. I hope that the Minister will give my hon. Friends the assurances that they seek. This is not a huge issue, but it goes to the heart of what the coalition Government say that they are going to do with these data. We must not keep the data unless it is absolutely necessary to do so, and I hope that he will give some comfort to my hon. Friends, and an assurance that the data will be destroyed within four months.