Identity Documents Bill

Lord Davies of Stamford Excerpts

Tuesday 21st December 2010 Lords Chamber

[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?

[Lord McNally]

My Lords, as there have been a number of interruptions, and we are perhaps following precedents which perhaps should have been challenged before, I shall just read to Members on both sides what the Companion says on this matter:

“A member of the House who is speaking may be interrupted with a brief question for clarification. Giving way accords with the traditions and customary courtesy of the House. It is, however, recognised that a member may justifiably refuse to give way, for instance, in the middle of an argument, or to repeated interruption, or in time-limited proceedings when time is short. Lengthy or frequent interventions should not be made, even with the consent of the member speaking”.

I suggest that we stick to the Companion.

--- Later in debate ---

[Lord Phillips of Sudbury]

I am grateful for the noble Baroness allowing me to respond to the argument of the noble Lord, Lord Waddington, on which, although he is my friend, I have to say I disagree. The points being made are not remotely trivial and I really believe that the House will be much clearer in its mind if we deal with this preliminary matter first, because, frankly, to go ahead and vote when a crucial, central and legal matter is unresolved seems to be the worst of all worlds. That is why I would favour an adjournment, as suggested by my noble friend Lord Dholakia.

[Lord Davies of Stamford]

My Lords, does this not go to the heart of parliamentary government as we know it and understand it in this country? The Minister gave a clear and solemn undertaking on a previous occasion that she would seek the law officers’ advice on a specific point. How can it possibly be “inappropriate”, to use her term, for her now to tell the House whether or not she fulfilled that solemn commitment? It is quite clear to me that if the Minister gives a solemn commitment and then refuses to say even whether that commitment has been fulfilled, and the House does nothing about it and simply goes away, we have abdicated our responsibilities as a Parliament.

[Baroness Neville-Jones]

My Lords, I am just not in a position to advise what information has been provided by the law officers, but I can confirm that we are satisfied that the provisions of the Bill are compatible with the ECHR. I have an answer on the substance. Could we perhaps turn to the question of financial privilege?