Identity Documents Bill

Earl Attlee Excerpts

Tuesday 21st December 2010 Lords Chamber

[Lord Higgins]

Can the noble Lord say which Motion he is debating?

[Earl Attlee]

My Lords, perhaps I may help the House. We are debating whether we should consider the Commons reason. We are not yet debating the Commons reason. If the noble Lord opposite wants to take advantage of our procedure, he is able to do so, but I hope that he will not speak at great length.

[Lord Hunt of Kings Heath]

My Lords, I am in the hands of the House. I want to debate the issue, as this amendment has been returned from the Commons, but if the House would prefer the noble Baroness to move her Motion first, I can resume speaking afterwards. Clearly that would be helpful.

--- Later in debate ---

[Lord Maxton]

If no compensation is to be paid, then presumably the card will become the property of the person who holds it. We briefly debated that point when we considered the Bill. Does that mean that the person who now holds the card as their own property, as they are not being given any compensation for it, will be able to use it to prove their identity in certain circumstances, such as for young people in pubs, or whatever else it might be?

[Earl Attlee]

My Lords, I think that it would be for the convenience of the House if we allowed the Minister to lay out her stall, as in doing so she may very well answer the noble Lord’s point. I know that the Minister is very keen that all noble Lords’ questions are answered.

[Baroness Neville-Jones]

I will respond to the noble Lord’s point. The answer is no. The card does not have value or efficacy because it is no longer attached to a database which would enable it to be a valid document that could prove your identity. It is simply a piece of paper, because there is nothing behind it.

I am not ignoring the fact that the cardholder spent £30 on a card for which there is no further use. During debates here and in the other place opponents of the Bill indicated that the decision to refuse to issue refunds will affect the poorest or the less well off members of society. However, there is no socioeconomic breakdown of cardholders, so neither noble Lords opposite nor the Identity and Passport Service can indicate the economic status of cardholders. I cannot imagine the circumstances in which a person struggling to make ends meet would think that buying an ID card was a necessity. If the ID card scheme was intended to allow travel to Europe or to provide proof of identity to get into pubs and clubs, then, frankly, it is doubtful that we should consider this form of purchase to satisfy the criterion of core household spending.

There is no provision in the Identity Cards Act, which the Benches opposite passed in 2006, for applicants short of cash or on a limited income—

[Lord Davies of Stamford]

My Lords—

[Earl Attlee]

My Lords, long experience shows that the best way of dealing with this type of business is to allow the Minister to lay out the current situation and update the House. The noble Lord will have plenty of opportunity to make his points. As I have said before, my noble friend will be very keen to answer them.

[Lord Davies of Stamford]

I have to say that I think it is quite extraordinary that the noble Earl should find it necessary to try to protect his Minister, who is doing her job and defending as best she can the policy of the Government of the day. I hope that no Minister worthy of the name would need protection of that kind. I would be grateful if the Minister will just answer a simple question. Do the Government realise that there is a fundamental moral issue here? It is not a matter of complex socioeconomic categories—it is a very simple moral issue, is it not? Citizens have bought in good faith from the Government a good or a service and a new Government are now proposing not to deliver. Is that not the action of a dishonest trader? Is that the sort of example which this Government believe it is right to set for the nation?

--- Later in debate ---

[Lord Morris of Aberavon]

My Lords—

[Earl Attlee]

We should listen to the quick intervention of the noble Lord, Lord Howarth.

[Lord Howarth of Newport]

I agree with the noble Baroness that the constitution issue has to be disentangled from the question of what is immediately to be done about the practical issue—the substance of the policy—in the Government’s rejection of the amendment that was made in this House. I hope that the noble Baroness, Lady Hayman, the Lord Speaker, is already engaged in this matter—I am sure that she is—and that she will wish to hold discussions with the Speaker of the House of Commons about the possibility that the doctrine of financial privilege is being extended in a manner that is dangerous to the interests of this House and the fulfilment of its proper responsibilities.

--- Later in debate ---

[Lord Pannick]

I am very grateful to the noble Baroness but she really has not answered the substance of the concern. I suggest that the only way she can do that is by telling the House whether or not the law officers have been consulted. It is a matter for the House what step to take but I suggest to the noble Baroness that the appropriate step for it to take is to adjourn further consideration of this matter until she is able at least to assure it that the concerns that have been expressed by a number of noble Lords have been considered by the law officers. I entirely accept that there is no obligation on the Government to tell the House what the advice of law officers is but it must be assured that they have been consulted on this matter. Therefore, I ask the noble Baroness to accept that the appropriate step is for further consideration to be adjourned.

[Earl Attlee]

I think that it is appropriate for the Minister to carry on with the rest of her speech, answer the other questions that noble Lords have asked and wait to see whether further inspiration arrives.

[Lord Dholakia]

My Lords, may I make a suggestion? Would it not be appropriate for the House to adjourn to enable the Minister to seek the advice that is being asked for and then the House could resume soon after that?

[Earl Attlee]

My Lords, my noble friend has numerous points to answer. Let us hear what she says and whether she can convince the House to agree with another place.

[Lord Soley]

That is unacceptable because the noble Baroness gave a commitment to this House, as has been quoted. The answer to the question is a simple yes or no. If she gave that commitment and then did not deliver on it, she needs to say that. The House will not necessarily hang, draw and quarter on the issue, but we need to know the answer. If the Minister cannot answer that question, I am afraid that the Government have to answer the wider question of what they are doing in this regard, given that they are responsible for this department. If she cannot answer the question, the case for adjourning the House while she finds the answer, as the noble Lord has just suggested, or summoning the Leader of the House is very strong. We cannot have a situation whereby other Ministers keep jumping up to defend this Minister; that cannot be right. The Minister must be responsible for what she said at a previous stage and for what she is saying today. If she is not responsible for that, it is a serious matter.

--- Later in debate ---

[Lord Hunt of Kings Heath]

My Lords—

[Earl Attlee]

After the question has been put, no one can speak.

[Lord Hunt of Kings Heath]

My Lords, I wish to move that the House do adjourn to allow the noble Baroness the Minister to seek further advice so that the House may be allowed to hear the response that she should have given to noble Lords following her commitment on Report. I should like to move that further consideration of Motion A be adjourned.

[Earl Attlee]

My Lords, I strongly oppose the question that the House do now adjourn. We need to determine this matter now.

[The Lord Speaker]

It is perfectly in order for the noble Earl to oppose the question after I have put it to the House, so perhaps I may do that. The question, as I understand it, is that further consideration of Motion A be now adjourned.

[Earl Attlee]

My Lords, I strongly oppose the question that we adjourn this debate. We have had a good and tough debate. I understand the sensitivities and it has been difficult but we need to determine this matter.