Identity Documents Bill

Lord Maxton Excerpts

Tuesday 21st December 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, consideration of the Bill during its passage through this House and the other place has recognised that the decision to scrap the ID card and destroy the national identity register was a commitment in the general election manifestos of the Conservative Party and the Liberal Democratic Party. That commitment formed part of the coalition agreement published on 12 May, and the Government introduced this Bill to Parliament on 26 May. We have acted swiftly in achieving our manifesto commitment and believe that the Bill’s purpose, which is to remove the intrusive ID card scheme and the national identity register from the statute book, has widespread support in the country.

Noble Lords are today focusing on the detail of the decommissioning process rather than on the significance of a Government destroying a national database. The Bill is a major step in removing the state from unnecessary and undesirable intrusion in the personal life of the individual. We should not forget the significance of the Bill, nor should we minimise the landmark action of a Government legislating to get rid of a national database. However, there are costs associated with dismantling the scheme. In incurring those costs, the public must be confident that taxpayers’ money is being spent effectively and efficiently. The ID card scheme and associated work on biometrics and policy development has to date cost the taxpayer £292 million. Further costs of about £5 million will be incurred in dismantling the scheme.

Further spending would be required if we were to provide refunds. I am aware of the strength of sentiment that has been expressed on this point, but this proposal would cost around £400,000. That may not seem much in the grand scheme of spending to date by the previous Administration on ID cards, and it may be that some Members of this House consider it an insignificant sum, but this is not how the coalition Government look at public finance. We are tackling the deficit which we inherited. We are doing that by ensuring that moneys are spent only where necessary and that such spending delivers more for less. Providing a refund on ID cards does not meet any of those criteria.

I am not ignoring the fact that cardholders spent £30 each on a card for which there will be no further use on enactment of this Bill.

[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.

--- Later in debate ---

[Lord Maclennan of Rogart]

My Lords, before the House reaches a judgment on the Commons reason, there ought to be absolute clarity about the intention of the House of Commons. It is far from clear in the reasons that have been provided that it is the intention of the House of Commons to claim financial privilege. A single reason is given and that is that the amendment that we are considering, which was carried in this place, would impose a charge on the public revenue. In opening the debate, my noble friend explained that as the Government giving priority consideration to the taxpayer over those who have paid for their identity cards. That does not sound like the invocation of the right of the House of Commons in respect of financial privilege. Without some greater authority indicating that that was the Government’s intention, there seems no bar to this House paying serious consideration to the law officers’ views on the legality of what is proposed under the terms of the human rights convention. I hope that the House will not be forced to take a decision without those views being made abundantly clear and without absolute clarity about the intentions of the Commons in bringing forward this sole reason for their disagreement. To my mind it is far from clear. We will establish a bad precedent if we determine that claims can be made lightly, not by the Commons themselves, that their privilege in this respect has been breached.

[Lord Maxton]

I shall be brief, although I thought that the actions of the noble Earl, Lord Attlee, and the noble Lord, Lord McNally, were provocative, to say the least, forcing some of us to make longer speeches than we would have done otherwise.

On the relationship between ourselves and the House of Commons, the important question was asked why we were allowed to vote on the amendment in the first place if, in fact, it was not legally our right to do so. If we voted for it and it went back to the Commons, surely we should be allowed to look at it again and vote on it again if we so wish.

I am one of very few people in the House who came out publicly in support of the ID card and opposed this piece of legislation. I think that we will come back to the issue. I listened to some of the debates last night on the register and the census and that sort of thing and I thought to myself that, if we all had ID cards, it would all be irrelevant and we would not need to go through that process. I am still not at all clear in my own mind as to what the standing is of the ID cards that have been issued. The Government are claiming that the cards are their property, so surely they should ensure that every one of them is returned to them. They should not be leaving that in the hands of private individuals; it is up to the Government to say that the cost of claiming back all the ID cards would be as much as paying compensation to those who have them.

The other point is one that I have consistently raised. Can someone actually use the ID card—perhaps in an exchange between two people, such as a barman or pub owner and a young person? The youngster might say, “I’ve got an ID card”, and show it to the barman, and the barman could say as a result, “That’s fine, I accept you’re over 18”. Is it legal for that person to do that? If the card belongs to the Government, surely the person has no right to use it in that way. Can we get an answer to that question from the Minister? We seem to be in limbo on it. I do not quite know what the standing is of the ID cards held by individuals if they are not being compensated for them in any way whatever.

[Lord Palmer]

As a compromise to this extraordinarily heated debate, would it not be worth considering that those people who have invested £30 on an ID card could put that cost against their next tax return?