Identity Documents Bill

Lord Phillips of Sudbury Excerpts

Monday 18th October 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, citizens have to be aware of what is going on around them. It was clear that this scheme would have a risky future ahead of it. I shall deal in a moment with one or two of the other points that were implicit in the noble Lord’s question.

Another idea that was advanced in Committee in the other place was to allow existing cards to remain valid until expiry. That would have required maintaining the infrastructure for the next 10 years or so—another problem. The cost of so doing would have been in the estimated region of between £60 million and £80 million, and we do not consider that spending at that level is justified.

My final point on refunds relates to the statutory basis for the issue of ID cards. There is no contract here; an identity card has been provided in the context of a statutory framework and is not available for the remedies that might be forthcoming where an agreement is governed by contract or consumer law.

The 2006 Act makes no provision for a refund policy, either in the case of early cancellation of the scheme or withdrawal of the card by the issuing authority, or by the individual who simply wishes to get out of the ID card scheme. There has been no provision in the law.

[Lord Phillips of Sudbury]

I am most grateful to my noble friend for giving way. Will she give sympathetic consideration to the possibility of refunding those who took out their ID cards before the manifestos were published? They seem to me to be innocent citizens, if I can put it that way, and I am sure that it would please a lot of people if it were possible to do that.

[Baroness Neville-Jones]

My Lords, the opposition of both coalition parties to ID cards was well known well before we incorporated that in our manifestos. This was not a surprise to the world. I am afraid that I cannot hold out any prospect of acceding to the noble Lord’s suggestion.

I turn to one other aspect of the 2006 Act that affects the integrity and security of the British passport. The UK passport is a highly secure and well respected document, both nationally and internationally, and it complies fully with international standards. The recent design changes announced on 5 October this year further enhanced the security of the document. It is essential that we ensure that there are sufficient powers available to help prevent and detect fraud. That is why we have proposed to retain the offences set out in the 2006 Act that deal with fraudulent access to, and use of, identity documents other than identity cards. They result in about 3,000 prosecutions each year for an offence with potentially very serious implications for both national security and, indeed, for crime prevention.

The second issue relates to the decision of the coalition Government to halt the introduction of the second biometric indicator in passports. The second biometric would of course have been fingerprints, in addition to the existing facial imaging. We do not believe that adding the second biometric indicator increases the security of the document, which is already at a very high level. By halting plans to introduce a second biometric, we are saving the taxpayer a further £134 million. Furthermore, we do not consider that the holding of a database of fingerprints of some 80 per cent of the British population—all those who make passport applications—is a proportionate response to the level of risk. National security and public protection are of paramount importance to the coalition Government, and we will not allow them to be compromised or endangered. We keep such issues under continuous review, but as things stand we do not consider that a second biometric is required to enhance the existing very high security levels of a British passport, or, indeed, to enhance its acceptance by border agencies around the world.

EU countries subject to the relevant provisions of Schengen will require their citizens to provide fingerprints, but we also know of other countries that will not be making this requirement. A country as border-conscious as the United States does not, nor do Canada, Australia and New Zealand. They have no current plans to use fingerprints in passports but are instead focusing, as we are, on the enhanced use of biographic and facial imaging based on identity authentication techniques: so we do not consider that a convincing case for having fingerprints in the passport has been made.

The Identity Documents Bill is about getting rid of an expensive and intrusive scheme that placed unnecessary and disproportionate requirements on the individual to provide information to the state. The Bill is a major step along the route of returning power to the citizen. At the same time, we have been careful to retain existing powers to tackle those who choose to commit, or attempt to commit, identity fraud. We have tabled a government amendment to Clause 10 in the other place to increase the safeguards for the individual in relation to the acquisition and retention of data in connection with passport applications. So while we add necessary precautions, the core function of the Bill is to remove from the statute book the costly, unsuccessful and invasive card scheme, to the benefit of the taxpayer and the freedom of the individual. On that basis, I am pleased to present the Bill for your Lordships’ consideration, and I beg to move that the Bill be now read a second time.

--- Later in debate ---

[Lord Phillips of Sudbury]

My Lords, I admire the noble Lord, Lord Maxton, for sticking to the old guns, as you might say. It may be worth while in this Second Reading debate reviewing where we have come from because I am afraid that the noble Lord, Lord Bach, was not accurate in what he said. The principal issue that exercised this House back in 2005-06, to such an extraordinary degree that we threw that Bill back to the Commons three times, was the issue of compulsion. It is wrong of the noble Lord, Lord Bach, to start his speech by saying that the previous Government introduced a Bill for a voluntary card. Indeed they did according to their manifesto, but when the Bill came out it was compulsory. That is the rock upon which the opposition in this House was built and that opposition then grew across all Benches. It is as well to remember that.

I pay tribute to Mr Willcock. I do not suppose that many in the Chamber remember dear old Mr Willcock who, when asked by a policeman in 1952, refused to produce his identity card. He said, “I am not going to produce my identity card. The identity card was to stop the Germans, not to help you on some piffling nonsense”. The High Court upheld the good gentleman’s refusal and the identity card legislation was swiftly repealed. The point of that was to show that identity cards tend to have what you might call usage creep. The state cannot resist the opportunity to use the card for more and more things in more and more situations.

Again, one aspect of the Bill of 2005 that this House objected to profoundly was the right of the Secretary of State to add to the circumstances in which the identity card could be used and, in particular, to add to the category of information that could be on the national identity register. Let us not forget that the national identity register was to be unique in the world in terms of the amount of information that it would collect on each citizen. Microsoft licked its lips and referred to the register as the great honey-pot because it was to be the greatest source of information on earth.

The noble Lord, Lord Maxton, objects to what we are doing now because of the commercialisation that he says afflicts disadvantaged youths who want to establish their identity. I would be totally sympathetic to that if I felt that he was correct. However, he omits to remember not only that the ID cards that the Bill will abolish would have been compulsory if this House had not intervened three times but—this could never have been taken away—the huge cost of the scheme, which the LSE working group established would be more than £20 billion over the first 10 years and which was to be recouped by selling the ID cards to the great retailing outlets. These would have readers which, if you spent more than £15 at XYZ store, would read the purchase into the national identity register. Every time that happened, the store would have paid a small sum of money, and—how many of us remember this?—the national identity register would have recorded every occasion on which the card was used. The noble Lord, Lord Maxton, looks quizzical, but I assure him that that is so. That is why people objected to the sort of information build-up to which the card would lead.

[Lord Brett]

We are having a Second Reading debate on a Bill that will repeal an Act. Will the noble Lord say where in the Act the facts that he is putting forward appear? In the Act that was passed in this House and in the other place, there is no reference to that.

[Lord Phillips of Sudbury]

It is a bit much to ask me to refer to a point of detail in the Act. I shall tell the noble Lord afterwards, but he need only read Hansard. I assure him that the Government did not deny that they would pay for a substantial part of the cost by commercial use and that every use of the card would register on the NIR. I think that the noble Lord, Lord Maxton, will agree with that.

Let me quickly pay tribute to NO2ID and Liberty for the huge help that they gave this House in respect of that Bill. I also repeat what the noble Countess said about Lord Northesk, whom we all miss and who was of great use to the House in the course of the passage of that Bill, as was the noble Baroness, Lady Anelay, who is not in her place now.

To come to the Bill, those of us who fought and fought the previous Bill welcome this one with huge enthusiasm. I believe that the Identity Cards Act 2006 would have affected fundamentally the relationship between the citizen and the state. It is as well to think of “citizen” rather than “subject”, because in some respects that Act would have had a deleterious effect on that vital relationship. However, I say to my noble friend, who confirmed in opening the debate that there will be no repayment of the £30, that I think that that is a serious mistake. It seems unfair to say that people should have kept an eye on what we do in this House and should have carried in their heads the fact that the Liberal Democrats and the Conservative Party had made clear statements in the course of that Bill’s passage that they would repeal it if they came to power. Simple fairness should lead Government to repay those sums of £30—whether to old women or to rich hedge fund managers, I do not mind. It is not fair to abolish ID cards and not to repay that money. It is a modest sum in relation to the total costs already incurred.

I am sad that the Bill is as complex as it is. I do not know how many noble Lords have tried to read through the Bill, but it is a nightmare, even for an old lawyer like me. In Committee, I shall table a lot of amendments to attempt to make its provisions clearer. I draw attention to just a couple of clauses. In Clause 4, “Possession of false identity documents etc with improper intention”, the definition of improper intention in the second subsection does not say whether it is exhaustive. In addition, the reference to “false identity documents” is not true to the clause because it covers situations in which the documents are not false. The language of the clause is also extremely complex; I hope that we will be able to simplify it as we go along. Clause 6(1)(a) provides for an offence of possessing without reasonable excuse,

“an identity document that is false”.

That does not seem to be reconcilable with an almost exactly parallel offence in Clause 4(2)(a). I hope that that is not too detailed a point for a Second Reading debate.

Clause 10 desperately needs rewording, because it allows the Secretary of State to require various authorities to provide him or her with what is called “verifying information”. At the end, there is a nasty little subsection that states that the Secretary of State may specify by order,

“any other person … for the purposes of this section”.

That could take us right into the realms of private businesses, and we will need to look at that.

I welcome the Bill with great enthusiasm, as have my noble friend Lady Hamwee and others. I would like to think that, by the time it leaves us, the Bill will be really fit for purpose as well as fit in intent.