Meg Hillier
Main Page: Meg Hillier (Labour (Co-op) - Hackney South and Shoreditch)Department Debates - View all Meg Hillier's debates with the Home Office
(13 years, 8 months ago)
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Julie Hilling
It is a privilege to move a new clause to a Bill in the House for the first time.
New clause 1 relates to a group of people who are often forgotten—in fact, they seem to have been forgotten by the Government because they were not covered by the equality impact assessment on the Bill—and for whom the identity card was a valued asset because they were able to have one card in their birth gender and another in their acquired gender.
Changing gender is not something that happens overnight; people have to go on a journey that might take several years. For the vast majority of people, it takes at least two years until they reach the position of saying that they wish to live as another person and are able to undergo gender reassignment surgery. However, many trans people choose not to undergo surgery, either because it can be dangerous, painful or unsuccessful, or for other reasons.
Gender identity is extremely complex and there is a broad spectrum of trans individuals. At one end of the spectrum are trans individuals who commit to living in another gender and undertake gender reassignment processes to help them to achieve that, while at the other end are individuals who feel trans, but continue to live in their birth gender, even though they feel trapped in that gender. In between those two ends of the spectrum are trans individuals who feel genderless and prefer to remain gender-neutral, as well as trans individuals who genuinely identify with both genders. There are also people who identify with their non-birth gender, but need to continue to live in their birth gender in certain situations.
In Committee, I talked about my friend who I will call Jane. Jane is still working as John in a very male-dominated industry. She is usually Jane at home, although she is not yet Jane with some of her family, especially her elderly parents, who she does not wish to upset. Jane is on a journey, but at the moment she has to live her life in two genders. It is hard to imagine the problems that arise in her life. What does she do when she wants to book a hotel room or a flight? The ability to have two identity cards has allowed her to go on holiday as Jane, but to continue to live her work life as John. Identity cards were not a full solution to the problem faced by dual-gendered people such as Jane, however. Although the scheme allowed individuals to hold cards in both genders, only one card was valid for overseas travel.
Another trans person—I shall call her T—has contacted me to tell me about her experiences. After feeling transgendered from a young age, T has just started to take active steps to make herself physically more feminine. Of course, it takes time for the physical aspects of gender to change, so T is not yet ready to start living as a woman all the time. Anyone who has had any contact with the transgender community will know the importance of people being able to pass as the opposite gender from their birth gender.
T is a professional working for a very conservative firm. She is only too aware of the difficulties she would face if she started to dress as a woman before she was physically able to pass. Although there is legislation to protect such people against discrimination in the workplace, she knows that she would face great difficulty in her field of work and that, if she was sacked, she would be unlikely to get another firm to take her on. She has therefore decided that she will not start living as a woman in the workplace until she is physically and mentally ready to do so.
T is a trans person with a life away from the workplace, however. She lives as a woman at home and goes out as a woman. It is when T travels abroad as a woman that she feels most liberated with her gender identity.
T has travelled abroad as a woman on a male passport, but that was never easy, even when travelling to relatively trans-friendly countries. Problems arose because when she presented her passport to immigration officials, not only did she look different from her passport photo, but the document stated that she was male, not female. That typically led to delays involving prolonged questioning and embarrassment, but on a few occasions the situation was more severe. In one country, she was taken for further questioning into a side room in which she was mocked and ridiculed by several male immigration officials. They refused to allow her to be frisked by a female immigration official and she was inappropriately molested by a male immigration official—one can only imagine the humiliation.
After that incident, T decided to apply for a passport in the female gender and adopted a female name. That has had a remarkable effect on her life because she no longer faces delays and prolonged questioning. There is no more embarrassment because there is no discrepancy between the person presenting themselves to immigration officials and their passport. When travelling in certain countries, she is confident of joining queues to be frisked by women, not men. Fortunately, she has not experienced any negative issues when travelling as a female on a female passport, and she is grateful for the protection that that female passport has brought.
The problem has not been solved completely, however, because there are still instances when T is required to travel as a man. She has not disclosed her trans status to her employer, so she has had to refuse all international travel at work because any flights and hotels would be booked by her secretary and, of course, bookings have to mirror the name and gender on a passport. Her continued refusal of international travel is likely to have an adverse effect on her career.
The right to travel is an important aspect of the fundamental right to liberty, and T feels it is important that she travel as a woman in her early stage of transition. However, although she is dual-gendered, there will be instances when she is required to travel as a male. She is therefore in an impossible situation because how does she choose the gender for her passport? The most logical solution to the problem, as set out in the new clause, is that dual-gendered people should be allowed to be issued with two passports. Of course, some single gender people are issued with two passports, particularly when they want to travel to countries in which it is inappropriate to have the passport stamp of certain other countries, so there is a means by which two passports may be issued.
A small number of people make up the trans community. ID cards were not a perfect solution, but they gave those people some liberation. I suggest that people should be allowed to keep their identity cards as a valid means of travel until the Government bring forward an alternative solution.
The Government indicated in Committee that an alternative proposal would be put forward to solve the problem, but unfortunately it has not yet been presented to Labour Members. I hope that the Minister will be able to reassure us by telling us how the Government will resolve the problem experienced by a small group of people who benefited from identity cards, but will face difficulty due to the cards’ removal.
Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
I echo the comments made by my hon. Friend the Member for Bolton West (Julie Hilling).
In Committee and through subsequent correspondence, I have pressed the Under-Secretary of State for the Home Department, the hon. Member for Hornsey and Wood Green (Lynne Featherstone), on the consultation that she and her Department undertook when putting the Bill together. However, I have received no answer, so I hope she will tell the House the groups that she consulted, given that the issue did not even feature in the Government’s impact assessment. This House is a tolerant House, and I know that the hon. Lady is a relatively new Minister, but if a mistake has been made, I hope she will have the decency at least to acknowledge that in the House and to apologise to the people affected, who have very little voice. However, there is a vocal group in her Department who have been influential in shaping policy across Whitehall and beyond.
We recognise that the problem is not easy to solve—either here and now on the Floor of the House or more generally—but a small but nevertheless important provision of the Identity Cards Act 2006 was introduced to bring about the existing benefit. We do not necessarily expect a detailed answer from the Minister today, but she has not reassured me, either through correspondence or in Committee, that serious action is under way in government to address the situation. The matter is not so much one for the equalities unit, which she indicated in her last letter was examining the situation, but one for the Identity and Passport Service, which deals with identity issues for the Government as a whole.
We want a real commitment to action today, but all I have heard from the hon. Lady—perhaps she will expand on this during the debate—is the suggestion that the Government are looking to work with international partners to remove gender markers from passports entirely. That proposal could be subject to a huge debate, and I am not sure that we would want that to happen—I think that Government Back Benchers agree. The approach would seem to be a sledgehammer to crack a nut. It would also confuse a lot of people, but even if it was an answer that could be agreed as a way forward, such international negotiations would take a long time, meaning that the proposal is a long-grass solution. We are looking to see a timetable for action and a commitment to action. I once again remind the hon. Lady that she is now a Minister. Whatever her previous record, words are easy. Action may be harder, but action from the Minister is what we are after today.
The Minister for Equalities (Lynne Featherstone)
As Members know from my comments on a similar amendment in Committee, I very much support initiatives that will advance the rights of transgendered people. In Committee I acknowledged the role of the hon. Member for Hackney South and Shoreditch (Meg Hillier) in providing a measure in the Identity Cards Act that enabled a transgender person to be issued with two identity cards, one in the gender of birth and another in the gender of their choice.
As hon. Members know, only one of those cards is available for use for travel in Europe. The second card issued in the second identity is available only for use in the UK for identification purposes. The person was required to choose which identity applied to which card at the time of application.
The hon. Member for Bolton West (Julie Hilling) described to us in detail some of the complex and difficult issues faced by transgender people—I should say people with gender identity issues, because they can be anywhere on the spectrum. It is not simply a case of being one gender or the other. As the hon. Member for Hackney South and Shoreditch said, the transgendered community can at times be marginalised, difficult to communicate with and difficult to gather together. Her Government’s approach to transgendered people and identity cards did not, however, extend to passports, which it could have done. There was ample opportunity both before and since the identity cards legislation was passed in 2006 for the previous Government to apply the same provisions to passports, but they chose not to do so. There are good reasons for that.
In speaking to the amendment, Opposition Members did not explain why passports did not benefit from the same provisions. I intend to set out briefly some of the issues involved and what we will be doing to seek a consolidated solution on identity and for transgendered people. I will deal in due course with the points raised by the hon. Ladies.
Current passport policy enables a passport to be issued in a person’s acquired gender without a gender recognition certificate, on production of medical evidence indicating that they experience gender dysphoria, or a report to some such effect. A passport in the acquired gender can be a key facilitator in gaining evidence to put before the gender recognition panel to show that a person is living their life in the acquired gender, thus allowing them to get the certificate.
The passport is, of course, an international travel document. It is a good argument that one can get two passports if there is a difficulty with the stamp of a particular country, but there are identity issues associated with passports that are more complex than the same physical image and the same or a similar name appearing. A passport is issued on the basis of nationality and citizenship. It is a secure document that meets strict international standards and enjoys a high international reputation. The standards are agreed and set by the International Civil Aviation Organisation.
We are not aware of any member state that issues two passports on the basis of transgender, and there are a number of reasons why we do not currently envisage the issuing of two passports—I made some inquiries about that possibility—to the same person but in different identities and with different facial images. There are fairly obvious security and immigration control issues arising from a person travelling to a country in one identity and perhaps leaving in another identity. There is also the personal situation for a transgendered person.
I do not know whether hon. Members are aware that following the Committee sitting I wrote about it on my blog. It was clear—[Interruption.] That is often a good way of communicating with the transgendered community.
Meg Hillier
I am amazed that the Minister tells us that she wrote on her blog about the issue, as though that is a formal Government process. I have asked her repeatedly what formal Government consultation took place and her answer is her personal blog. Is this the way the Government intend to continue?
Lynne Featherstone
No, that is not exactly what I said. The impact assessment for the Bill was published on 4 June 2010 and is available on the website of the Identity and Passport Service. The impact assessment indicates that the policy of scrapping ID cards does not have an impact on statutory equality duties.
As the Minister for Immigration indicated in his letter of 19 July to the Chairs of the Committee considering the Bill, the ID card is just one form of identity and although the policy in respect of issuing two cards to a transgendered person may be considered as innovative, scrapping ID cards would not impact on their ability to access services or to travel in their chosen gender. It ill behoves the Opposition to make light of the transgender community communicating through whichever means it wishes.
We need to be careful that in seeking to extend the rights of the transgendered person when travelling, we do not create the potential for additional difficulties. That is why we intend to work with the transgendered community and others on determining what they consider is the best approach and, in conjunction with the Government Equalities Office, consider how we can move this important issue forward. It is important that we listen to those who are most affected. As my hon. Friend the Member for Cambridge mentioned in Committee, a number of his constituents who would be affected and with whom he has had discussions do not favour the approach suggested by the amendment.
At the same time, through the International Civil Aviation Organisation, we will discuss with our international partners the issue of gender recognition in passports. It is possible for a passport to be issued with an X instead of an M for male and F for female. However, we anticipate that the use of an X may raise more questions than answers. Instead, we will consider other options, including whether it might be possible to remove gender identifiers from passports, and look at any potential consequential security implications of this. We aim to consult groups in the UK this autumn and with the ICAO and others over the coming months.
Meg Hillier
I am puzzled that that proposal has come out of leftfield one might say—but perhaps with this coalition, out of rightfield—as a solution. It seems like a sledgehammer to crack a nut, and it is a very big proposal to suggest that “male” and “female” be removed from a document that 80% of the British public use.
To return to an earlier point, however, the Minister’s ego is quite extraordinary. Her blog and no official consultation seem to be her answer to things, and I worry about the civil service. There are some excellent civil servants in her Department, as I well know, and they have to act on the basis of two political manifestos and a personal, political blog. Within government, there are statutory and other requirements for consultation, but the Minister has come to the Dispatch Box to explain that this Government do not take them seriously. They prefer party political routes, with all their imperfections, to what one might reasonably expect, which are proper Government routes.
Lynne Featherstone
As I have already explained to the hon. Lady, we are taking formal Government routes, too. Indeed, we will proceed with more formal routes and properly consult a wide range of transgender groups.
The new clause is impractical and fails to recognise its impact on transgendered people. It asks that ID cards that have been issued to transgendered people remain valid until expiry or until another system is in place, but in practice that would mean that only transgendered people would have ID cards. Apart from the huge cost of maintaining the ID infrastructure, whenever that card were used the gender background of the cardholder would be immediately identifiable. Rather than enabling transgendered people to get on with their lives without interference, the proposal would bring them unnecessary and potentially harming attention and focus, and the same problems would arise if transgendered people were issued with a bespoke identification document other than a passport.
This Government are producing the first action plan on transgender equality ever produced by an Administration. Perhaps Opposition Members did not realise the unintended consequences of their new clause, but I recommend that it be withdrawn.
Julie Hilling
I was not a Minister and cannot answer that point, but I thought that we were supposed to have impact assessments before we made legislation. The Government are making legislation without them, and I am deeply shocked.
I wish that I were reassured, but I am not sure that I am. I listened to what the Minister said about the need to go forward on the issue and the transgender community being consulted on the solution. I hope that she will undertake that consultation.
Believe me, I recognise that the situation is difficult to resolve. I understand the difficulty of saying, “Let’s not have a gender in the passport” because that would not be a solution; and I understand the difficulty of issuing people two passports. The House should not misunderstand me; I understand that difficulty. However, it is so important for that small group of people that we do not allow our citizens to be humiliated as they go through passport control or people to lose their careers because of the difficulties that they face. On the basis of the Government’s guarantees that they will take the issue forward, take it seriously and work on it, I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 2
Passport fees for holders of ID cards
(1) This section applies to a person (“P”) who—
(a) held a valid ID card on the day on which this Act was passed, and
(b) paid a fee for the card.
(2) On the first occasion after the passing of this Act on which P applies for a passport, the fee charged for the passport shall be reduced by £30.’.—(Meg Hillier.)
Brought up, and read the First time.
Mr Deputy Speaker (Mr Lindsay Hoyle)
With this it will be convenient to discuss the following:
New clause 4—Transfer of information from National Identity Register to Identity and Passport Service
‘The Secretary of State must ensure that any information recorded in the National Identity Register which—
(a) relates to a person (“P”) who has indicated that P wishes to retain P’s identity card until its expiry date, and
(b) is relevant to an application by P for a passport,
is transferred to the Identity and Passport Service.’.
Amendment 5, page 1, line 16, in clause 2, leave out from ‘day’ to end of line 10 on page 3 and insert
‘will remain valid until their expiry date.’.
Amendment 6, page 2, line 13, leave out clause 3.
Amendment 8, page 2, line 16, in clause 3, at end insert—
‘(2) The Secretary of State must, before the end of the period of four months beginning with the day on which this Act is passed, present to Parliament a report identifying the information destroyed in accordance with subsection (1).’.
Meg Hillier
I shall not rehearse all the arguments that were made in Committee, but the Opposition are concerned about the mean-spirited nature of the Bill. Some 14,000 people took up ID cards, most of which were paid for, and those individuals thought that the cards would be valid for 10 years. It was a simple transaction not just with a commercial body, but with Her Majesty’s Government and, indeed, the Identity and Passport Service, one of the most trusted public bodies in this country, as research shows. Yet if the Bill goes the way the Government wish and, similarly, through the Lords, one month after Royal Assent those individuals will lose the ability to use the card that they had thought would be valid for 10 years. We have tabled some new proposals and given the Government a choice about how to deal with the matter. There is still an opportunity for the Minister for Immigration to recognise that, in his haste to get rid of identity cards, which for him is a big ideological issue, he does not need also to be unfair to those who in good faith paid their £30.
The new clause and amendments detail two proposals. There is no money resolution attached to the Bill, so we cannot press for a refund. However, we propose that the fee that people paid be added as a credit to the passport database. The data-matching would be relatively straightforward, given that everybody who holds an identity card, including myself, has, or has recently had, a passport. Of course, there are data protection rules, and we would have to gain permission from those individuals, but I would happily give permission for my data to be transferred.
In the process, we would lose the fingerprint, because it cannot be stored—[Interruption.] I am glad to see that the Minister is listening. It cannot be stored on the passport database—[Interruption.] I am being ironic: the Minister will, I hope, be listening in a moment. It cannot be stored, because the Government, in their desire to get rid of it so quickly—[Interruption.] In their reckless desire to get rid of it quickly, I repeat for the Minister, the Government do not plan to introduce passports with fingerprints. However, that credit would give some comfort to those who paid £30, and it would represent basic fairness.
The Government make great play of fairness—they often point to their coalition agreement, which makes much of it—and, as we seem to be quoting manifestos today, each individual party spoke about fairness in its manifesto, so we ask that the proposal be considered. It would be a relatively straightforward transaction, and with another amendment we will probe the Minister on a further issue. If the Government are planning to destroy the data, they will have to handle the information and do something with it, so they might as well pass it over to the passport database.
Guy Opperman (Hexham) (Con)
Does the hon. Lady expect the repayment to be made to those persons who received that particular facility for free?
Meg Hillier
If the hon. Gentleman had had the courtesy to listen, he would have heard me deal with that point at the beginning of my comments.
We also suggest an alternative, so the Government have a choice. The Minister has two options in order to be fair to those members of the British public who bought a card in good faith. The alternative is to allow cards to continue for 10 years and, again, with the permission of the individual cardholder, for data to be migrated to the passport database, which is not a terribly difficult transaction, so that ID cards can continue as passports. We recognise that that is not a perfect solution, because with few cards already out there and, given all the points that we rehearsed in Committee about someone’s ability to recognise the document, there might still be issues. However, that would represent a choice for the individual who had paid their £30 to have the card.
Mr Aidan Burley (Cannock Chase) (Con)
We learned in Committee that of the 14,670 ID cards that were issued, almost 3,000 were given free of charge, so only 11,000 cards were paid for. Are the Opposition, in the second of their two options, suggesting that we maintain the card infrastructure for the next 10 years just for those 11,000 people, at a cost of £50 million to £60 million for 16 people per constituency?
Meg Hillier
That is not what we are suggesting, as the hon. Gentleman would see if he read the new clause. As I said, we are suggesting that the information be migrated to the passport database.
We recognise that this is a rare area of unity for both Government parties, which is perhaps why it is being rushed through. The Government clearly want to get rid of the national identity register. However, it would not be difficult to migrate data to the passport database, especially given that everybody who currently holds a card has recently held, or currently holds, a passport. Of the 11,000 people affected, many may choose not to take up migration of the card. If there were to be the option of a credit on their passport database, some may not choose to take that up either. However, it would give them the option. I believe that it can be done relatively cheaply, and that it is fair.
This is being done with the ideologically driven haste of the Minister. We have debated this previously and I know that he is passionate about getting rid of ID cards, but basic fairness is involved. Frankly, those who bought in good faith from the trusted Identity and Passport Service have been diddled by this Government. If the Minister gets up and talks about what his manifesto said, we will be driven to despair. We discussed this in Committee. When somebody buys a passport or an identity card, or has any other transaction with Government, they will not necessarily take into account something that has been said in a political manifesto. Government has some degree of continuity and when an individual has bought something in good faith, there needs to be some recompense for them.
We recognise, reluctantly, that both parties in this Government had a mandate to get rid of identity cards; as I said, it is one area of unanimity within the coalition. Therefore, whatever our position on that general issue, we will not press the matter to a vote. However, the issue of compensation is very important, and we will seek to divide the House on the new clause unless the Minister can give us some reassurances.
Pete Wishart (Perth and North Perthshire) (SNP)
I rise to oppose vigorously the new clause.
We have to be absolutely and abundantly clear about the fact that identity cards are exclusively and solely a new Labour creation. Every single other party in this House made it absolutely clear that we would have nothing whatsoever to do with them and that if we had even the remotest opportunity to get rid of these useless and intrusive lumps of plastic, we would do so immediately. We actively encouraged people not to take out ID cards. For those who did so, under new Labour encouragement, that was their free and fair choice: tough luck to them. We are now enacting exactly what we told them. The new coalition Government are absolutely right to try to get rid of ID cards. They said they would do it in 100 days. I am disappointed that it will take a little bit longer than that, but thank goodness we are getting rid of this hated, obtrusive and ridiculous scheme.
We refer to these as ID cards, but let us give them their proper name. They are not ID cards, but NLID cards—new Labour identity cards. They are a monumental folly that symbolises new Labour’s attempt to create the anti-civil libertarian state, and thank goodness they did not get away with it. Instead of droning on about compensating the poor mugs they encouraged to take out ID cards, why do not Labour Members get on board and join us in celebrating the removal of these things? Nobody wants them.
Pete Wishart
I am grateful to the hon. Gentleman, because I have that quote from the right hon. Member for Doncaster North (Edward Miliband), who said:
“As someone who is liberal on social issues and civil liberties, I accept that in government we were too draconian on aspects of our civil liberties…We have to have to be able to say we won’t go back to ID cards.”
Come on, the rest of you—catch up! He might be your leader, because according to the opinion polls he is ahead. You are way behind current thinking on this. Labour had a good record on civil liberties until new Labour came along—please get back in touch with your civil libertarian roots.
Meg Hillier
I am interested to hear the Scottish National party’s position. In fact, people could not easily apply for ID cards in Scotland, and that is why very few did so. They were not formally launched there at the point at which the Government changed, but they would have been coming and I am sure that there are many people in Scotland who would have liked one.
Leaving that aside, it would be interesting to know what the SNP’s position is on fingerprints in passports, which is something that Members from many parties in this House, both Government and Opposition, have indicated is very important, and something that my right hon. Friend the Member for Doncaster North has not ruled out.
Pete Wishart
If you will allow me, Mr Deputy Speaker, because we are straying somewhat from the terms of the debate, I would say to the hon. Lady that I am very pleased that the coalition Government are picking up the Scottish example as regards databases. They have seen the good sense of the SNP Government in their approach to these issues, and I congratulate them on following and copying their model.
Given that it was Labour Members alone and exclusively who encouraged people to take out ID cards, why are they asking the taxpayer to help with compensation? It should be the Labour party that compensates the poor souls who took them out. It has all these trade union funds—what is it going to do with them? If you want compensation to be paid to these people, pay it yourself.
I have one bit of comfort for all those who have taken out ID cards in the course of the past year: they are becoming a collector’s item. This is really intriguing and interesting. Forget about compensation—all they need to do is get one of the great Labour champions of the anti-civil libertarian state to sign their card. If anyone watching this has an ID card, they should get Mr Clarke, Mr Reid or Jacqui Smith to sign it, and that will increase its collectability. They might get more than the £30 that they want the Government to pay them back. Here is a good idea: they should get the absolute champion of ID cards, the right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett), to sign it; they would probably turn a profit given the collectability that that would have in the future. The collectability of ID cards makes them almost like little bits of the Berlin wall, appropriately, and that is how they are likely to remain.
I make a plea to the Labour party: get on board with this. Get in touch with your civil libertarian roots, find a new agenda, listen to what is happening in your leadership contest, and forget about droning on about compensation and trying to get this scheme to go on. It is done, finished—move on. I am with the Government on this one. We should reject this new clause, make sure that nobody gets compensation, and end the scheme tomorrow if we can.
Guy Opperman
The position has been explained and I am sure that it is fully comprehended. We should not detain ourselves on the £30 any further in the House. Liberty and Justice support our point of view.
Meg Hillier
Liberty is also in favour of removing ID cards for foreign nationals, or biometric identity documents, or whatever people wish to call them. Does the hon. Gentleman agree with Liberty? Is he aware that surveys revealed that the Identity and Passport Service is one of the most trusted public bodies in the country? That trust is being breached by the Government’s decision. All we are saying to the Government is, “Be fair to those who bought an ID card.” Frankly, the idea that everybody read all the manifestos, as some hon. Members are saying, rather overrates their importance, and suggests that hon. Members are not in touch with the many people who do not follow politics and daily read manifestos .
Damian Green
Let me anticipate what the hon. Gentleman is about to ask. It has always been my intention that when that had happened, Parliament would be informed by way of a written ministerial statement about both the process and delivery of destruction. I could not be more open or transparent about this. We will do it within two months and as soon as possible after Royal Assent. When we have done it, I shall produce a written parliamentary statement that will say not only that we have done it but how we have done it. I hope that I have finally satisfied the hon. Gentleman on all those points.
On new clause 4, I suspect that hon. Members may not have considered its cost implications. There are significant costs associated with establishing whether a person wants their record to be retained, what information he or she is content to be transferred, the security and data transfer costs and, finally, future storage costs—particularly if the person does not subsequently apply for a passport. I am afraid that this is another amendment that seems intent on adding again and again to the cost of the ID card scheme. We want to scrap the scheme at minimal cost to the taxpayer. The new clause would not achieve that aim and would not remove the state’s ability to retain data without good reason.
That profligate approach is evidenced in another of the amendments before us, supported by the hon. Member for Houghton and Sunderland South. We covered the issue of the life expectancy of the card during earlier stages of the Bill and indicated then that the cost of implementing that amendment would be between £50 million and £60 million over 10 years.
I note that the hon. Member for Hackney South and Shoreditch has not added her name to the provision, despite tabling something similar in Committee. She indicated in Committee that she thought that figure was at the top end of the estimates, but I am not sure of the basis on which she reached that conclusion. The estimate is a reasonable reflection of the exorbitant cost to the taxpayer that would be incurred by providing a service over the next decade for fewer than 15,000 people, almost 3,000 of whom did not pay for their card in the first place. Leaving aside the cost, the proposal would mean retaining the whole national identity register for another decade, which would involve holding the fingerprints of 15,000 innocent people.
Meg Hillier
I wonder whether the Minister is speaking to the right provision because my name is attached to the amendment, as it has always been.
Damian Green
I apologise to the hon. Lady. If she wishes to associate herself with such a ridiculous proposal, I am happy for her to do so.
The proposal would mean that cardholders would run the risk of their card’s usefulness diminishing even further over time because of the very small number in circulation. That would be likely to result in little or no future engagement or investment by travel operators, carriers and other agencies in accepting ID cards. The provision would give cardholders the false hope that their ID card would continue to be useful, if they had found it useful in the past. I recognise that the amendment to retain the national identity register has been tabled as a consequence of the proposal that ID cards should remain extant for 10 years.
The national identity register sits at the heart of our opposition to the whole scheme. We do not believe that it is the role of the state to gather huge amounts of personal and biometric information about its citizens unless there are proportionate and necessary reasons for doing so. Such reasons could involve the prevention and detection of crime, or national security and safety, but part of the underlying problem with the ID card scheme has always been that its purpose was ill defined, with the reason behind its introduction moving over time from dealing with terrorism to accessing local services.
The national identity register is nothing but a database containing data on individuals who have, by choice, applied for an ID card. The holding of such data represents a significant intrusion on the privacy of the individual. Scrapping the scheme and destroying the national identity register are major steps towards returning power to the public and reducing the intrusion of the state. We are opposed to building up banks of data that neither serve a specific purpose nor deliver a specific outcome. The national identity register fails on both counts.
I have dealt in some detail with all the new clauses and amendments tabled by Labour Members. Each of them fails on practicality, and many of them fail because they would create an extra charge on either the public purse directly, or the citizens of this country indirectly. They all fail, however, because behind them lies the desire to intrude far too much on the private lives of people that was at the heart of the previous Labour Government. As a civil libertarian, I genuinely hope that the future Labour party will reject that in its entirety.
Meg Hillier
I was puzzled by the Minister’s speech because it sounded more like a rallying cry to a group of students than an attempt to address the new clauses and amendments. I should say, however, that I have no problem with rallying cries to groups of students in their place. In fact, not long before the election—when the Minister and I sat on opposite sides of the House—we addressed students together, and he announced that a Conservative Government would remove ID cards to an audience of about 25 people.
Let me make it absolutely clear that we tabled new clauses 2 and 4 as alternatives for the Government to consider as we try to find a way of providing some recompense to those members of the public who bought the cards in good faith. We would have preferred to have tabled a measure providing for a refund but, because there is no money resolution attached to the Bill, we could not. With that in mind, we intend to press both new clauses to Divisions, although if the first is agreed to, we will not need a vote on the second.
I need to pick up on a couple of points that the Minister made. We were not suggesting in the amendments—perhaps he should look more closely at them—that we expect the national identity register to continue. They were carefully worded to suggest migration of data to the existing passport database. In fact, the identity register would have been a modern passport database, had the Government had the courage to continue that approach.
New clause 4 is not about being helpful to those who already had passports or wanted a passport. It would allow cards to continue, but would attach them to the existing passport database. Accepting that the Government’s intention is to destroy the national identity register, it sought to find a solution to that. The Minister has not given very good answers about why that could not be done. Had the Government included a money resolution, it would have been possible—instead of sending two letters out to everybody—to provide a refund to those who had paid or those who had applied for a refund, which would not necessarily have been everybody. The Government’s approach is mean-spirited.
The Minister spoke about the state holding huge amounts of information. I hope that his Government still believe that the NHS should hold information on people, that the Driver and Vehicle Licensing Agency should hold information, and that the passport database should exist. The national identity register was a modernisation of the passport database.
I assure the House and anyone else who may be watching proceedings today that there is nothing synthetic about our indignation. We recognise that both Government parties had clear policies on the issue, and we can do the maths. We know that we have limited options to improve the Bill, and we are trying to make the best of a bad job because the Bill does many things of which we disapprove. New clauses 2 and 4 attempt to provide some recompense to the people affected.
We have heard some disparaging comments. The hon. Member for South Swindon (Mr Buckland) spoke about politics being tough. It is clear that his Government are saying that it is tough on members of the public who bought a card. The hon. Member for Perth and North Perthshire (Pete Wishart) spoke about the mugs who bought a card. That disparaging attitude may well be reflected in the Lobby, so let us be clear who is on the side of the consumer in this case. It is certainly not the Government.
The Minister used his cod maths when talking about the cost of the identity card scheme. It does not behove a Government Minister to be so flippant and free with figures when he well knows that the cards had to be paid for by fees. As is the case with the first issue of anything, when the first Mini rolled off the production line, it probably cost several million, if not billions of pounds, but for the last Mini, by definition, the cost per item was much lower because many thousand would have been produced. Identity cards had been issued for a few months at the time of the general election, but under Treasury rules they had to be paid for out of fees, just like passports, as the Minister knows. It ill behoves him to take that approach. I wish to divide the House on the new clauses.
Question put, That the clause be read a Second time.
The House proceeded to a Division.
Mr Deputy Speaker (Mr Nigel Evans)
I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.
Meg Hillier
In general terms, Her Majesty’s Opposition support the amendments, but I have a number of small points to make and questions to ask of the Minister. I understand his reasons for not publishing the list of organisations that might be referred to. I recognise the valid security reasons for that, but it does rather go against his desire for transparency. I wonder how he will try to square that circle, to ensure that safeguards are in place with respect to which organisations are approached. I am aware that internal audits take place on a routine basis in passport offices up and down our different countries. However, the Minister has made much of the need for transparency and safeguards, and the two do not work well together.
I reserve judgment on the proposal to retain data for 28 days. I recognise that the current practice in the Identity and Passport Service works quite well, and it is interesting that the Government want to put those arrangements on to a statutory footing. It is interesting partly because passports are issued under the royal prerogative, an arrangement that is not on a statutory footing. I also wonder whether such a move might limit any necessary flexibility. What conversations has the Minister had with those who deal with the security of our passports, in particular the excellent team based in the Glasgow passport office, who often put themselves at great risk while investigating and uncovering fraud? I am aware that data relating, in particular, to withdrawn passports can be especially important in uncovering rings of individuals trying to help others fraudulently to obtain passports. Generally, I support the principle of not holding information any longer than is necessary for this purpose, but we need to ensure that the Government are not unnecessarily restricting action on fraud.
In passing, I must also add that the Bill is a lost opportunity to tackle fraud. Had we still been pursuing the inclusion of fingerprints in passports, which the Minister is throwing out under the terms of the Bill, that would have helped to reduce fraud more generally. If the Minister can answer those two points, it would reassure me considerably.
Damian Green
I am grateful to the hon. Lady for her questions. As I understand it, in one of them she is suggesting that I am being too transparent, and in the other that I am not being transparent enough. I appreciate the difficulties of opposition, having had 13 years of it, just as she will appreciate some of the pressures on Ministers. She asked me to reveal internal conversations within the Department, particularly with people who are involved with difficult and dangerous anti-fraud operations. She will know as well as I do that it would be hugely inappropriate and unwise for me to answer that question directly.
Meg Hillier
I fully appreciate that, but I did not actually ask the Minister to answer that question directly. I shall take him to be a man of honour and a man of his word if he can tell us that these issues have been fully explored and that he is personally content about them. It is important that the House knows that that is the case, partly because those individuals put themselves in harm’s way when doing their job.
Damian Green
Indeed so. This is not an adversarial climate, but the hon. Lady will know as well as I do that striking a balance between transparency and flexibility on the one hand and security on the other lies at the heart of much of what the Home Office does, and, indeed, of much of what the Bill seeks to do. She and I would probably find ourselves on different points of that particular spectrum, but we both recognise that it is a spectrum within which we both have to operate. I can only say that it would clearly not be appropriate for me to set out for the benefit of potential fraudsters which organisations they would have to satisfy in order to be issued with a passport, so I shall decline the opportunity to talk to her about the individual organisations concerned.
Meg Hillier
If the Minister is not hearing what I am saying, perhaps there is an issue about how he is answering questions generally. I was not asking him to do that, so that is fine; we agree. I simply want to know whether he feels personally reassured that these measures will not detract from the ability of the UK Passport Service to carry out the security checks that normally take place. If that was not clear before, I hope that it is now absolutely clear. I do not think that we are asking for different things; I am just seeking reassurance from the Minister that he has done his job as thoroughly as I expect he has.
Damian Green
Of course the Department that the hon. Lady used to be responsible for would not put the security of our passports at risk.
To answer the hon. Lady’s other point, information relevant to future investigations would be retained under the proposals before us, with the amendments here. I hope that she will agree that that strikes an appropriate balance. Genuine concerns were expressed—not just by my hon. Friend the Member for Cambridge (Dr Huppert), but by Members of all parties—to the effect that the simple repetition of the original clause might put us at the wrong side on the spectrum between transparency and security. That is why I agreed to put the 28-day provision directly in the Bill. The hon. Lady asked about that, and I see no reason to believe that this will in any way inhibit or impede anti-fraud operations. What the amendments will do by changing the clause is to allow operations to be properly conducted while at the same time reassuring individual applicants that any information they give is not kept for an unnecessarily long period of time. That is what this set of amendments is designed to achieve. I commend the amendments to the House.
Amendment 1 agreed to.
Clause 10
Verification of information
Amendments made: 2, page 5, line 24, leave out subsections (1) to (3) and insert—
‘(1) This section applies where it appears to the Secretary of State that a person within subsection (4) may have information that could be used—
(a) for verifying information provided to the Secretary of State for the purposes of, or in connection with, an application for the issue of a passport, or
(b) for determining whether to withdraw an individual’s passport.
(2) For the purpose of making the verification or determination mentioned in subsection (1)(a) or (b), the Secretary of State may require the person within subsection (4) to provide the Secretary of State with the information by a date specified in the requirement.’.
Amendment 3, page 6, line 2, leave out
‘of relevant information to the Secretary of State’
and insert
‘to the Secretary of State of information that could be used as mentioned in subsection (1)(a) or (b)’.
Amendment 4, page 6, line 16, at end insert—
‘(8A) In a case within subsection (1)(a) where a passport is issued, information provided in accordance with this section must be destroyed no later than 28 days after the passport is issued.
(8B) In a case within subsection (1)(b) where a passport is not withdrawn, information provided in accordance with this section must be destroyed no later than 28 days after the determination is made not to withdraw the passport.
(8C) Subsections (8A) and (8B) do not apply in a case where it appears to the Secretary of State to be desirable to retain the information for the purpose of—
(a) preventing or detecting crime, or
(b) apprehending or prosecuting offenders.’.—(Damian Green.)
Third Reading
Meg Hillier
The hon. Member for Perth and North Perthshire (Pete Wishart) has done exactly as my right hon. Friend the Member for Sheffield, Brightside and Hillsborough (Mr Blunkett) said and has begun to believe his own rhetoric, entertaining though it was to listen to. It might be helpful if I explain to him and to the rest of the House the position of the official Opposition. I remind the House that although many things are said in election campaigns, what happens in reality when people have power is often very different. We have a good example of that in front of us in the form of the coalition Government, but I shall say no more on that.
Her Majesty’s Opposition recognise the Government’s clear position and the reality of the maths. We know that both parties were elected on manifestos to get rid of ID cards and that the Bill is the fruition of what is a fairly rare point of agreement. Indeed, only on Monday the Under-Secretary of State for the Home Department, the hon. Member for Hornsey and Wood Green (Lynne Featherstone), was speaking with enthusiasm about her position when she was in opposition and had to be quickly reminded of something by her Parliamentary Private Secretary, who passed her a note. She then swiftly began to read an alternative position from the coalition agreement, so we know that sometimes things are said but then change. However, the reality is that both parties agreed on this point and we recognise that that gives the Government a mandate. We are not here to oppose for the sake of opposition, but we feel that the Bill sweeps aside many important things.
On Second Reading, the Minister said that the Bill is symbolic—and it is for him and his Government. It is also ideologically based and very rushed. Had he been in his Department a bit longer and had other Ministers in that Department and in government thought things through, they might rue the day they swept away the baby with the bathwater. The Bill has the serious consequence of removing the option to have fingerprints in passports, which the identity register allowed. That would have updated the passport database to allow for the very secure retention of that important biometric.
The hon. Member for Perth and North Perthshire is very exercised about data being held by the state. I am sure that he must have a passport for travel and I wonder whether he has ever given a moment’s thought to where passport information is held. As I reminded members of the public and others up and down the country during many of my roadshows, visits and talks about this issue over three years, 80% of us have a passport and that information is held securely. We have a good Passport Service, but what we proposed was a more secure approach. I shall not dwell on what we could have done or what we would do differently again, but it is an important principle of the Opposition that the passport should be secure not only now but in future. The new design for a more secure physical passport that I signed off earlier in the year has been unveiled and produced in the Blaydon constituency. We wanted greater security with fingerprinting, but the Government have effectively abandoned that.
Interestingly, the Bill sets the tone for the way in which the Government wish to work. It was brought forward in quite a rush. We finally managed today to extract from the Government the fact that there was no consultation on the Bill, so mentions in manifestos and on individuals’ blogs seem to be the way in which the Government choose to consult. We also know that the Bill’s impact assessment was inadequate, which is sad, given that one of the Ministers responsible for the Bill is also the Minister for Equalities. Labour Members will watch closely to ensure that such sloppiness does not take place in the future, and I hope that Ministers acknowledge that they have a responsibility to do their jobs thoroughly and properly.
We look forward to hearing more about the transgender issue raised by my hon. Friend the Member for Bolton West (Julie Hilling). We tried to put in place something that would make the best of a bad job in this regard, but the Government removed that option overnight without any recognition of that fact. No full solution is forthcoming, so we ask the Government to report to Parliament as progress is made on the issue. I ask the Minister with responsibility for passports to write to me around Christmas or in January to let me know what progress has been made, and to place a copy of the letter in the Library. I have been contacted by many people who would be grateful for such information. A lot of them do not have voices of their own, but they will be looking closely at how the House scrutinises the issue and have made it clear that they want to know what is going on.
The Bill prevents the Government from collecting and storing fingerprints, which means that the British passport will fall behind international standards relatively quickly, although international passports improve over years. Over time, British citizens will be forced to pay for visas when they make certain international visits. The Prime Minister and the Foreign Secretary have indicated that they favour biometrics on passports and increasing passport security, so I wonder whether the Bill has been fully squared in government. We hear that the Government are halting the use of fingerprints, but we do not know for how long. I hope that they will consider putting that back on the table because we all have a genuine interest in ensuring that the British public are safe when they travel and that our identity documents are as secure as possible. The use of fingerprints also helps to tackle identity fraud because many criminals have multiple identities, yet fingerprints are one of the surest ways of prevention.
I know that Ministers take seriously the Home Office’s responsibility to do everything in its power to protect people—that is the Department’s raison d’être—but the Bill throws out the baby with the bath water. The Opposition would revisit the issue of biometrics on passports, even though I give no commitment about what we would do on identity cards, given that we will shortly be under new leadership. However, if we were to get into power in five years’ time, we would be in a different place than if we were not to get into power—heaven forefend—for 10 years. We recognise that we will have to deal with the landscape that we face at the time. I would hope that that landscape would involve fingerprints for passports, but the Bill does not make that look likely.
The Bill’s refusal of any recompense to those who bought cards in good faith is mean-spirited, as is the fact that we have had no opportunity to press for refunds, which was why some of the new clauses that we tabled were complex. As I said, no proper account was taken of the equalities impact. If I was to be particularly mean, I would suggest that the mean-spirited nature of the Bill is a metaphor for the Government as we approach tough spending decisions.
I thank hon. Members who have played an important part in developing our policy and supporting my Front-Bench role. The Opposition’s redoubtable team has mostly consisted of newly elected Back Benchers, who have been committed to addressing the Bill. I put on record my thanks to the former right hon. Members for Redditch, for Norwich South and for Airdrie and Shotts, the last of whom will no doubt give the Bill a run for its money in the other place, as well as my right hon. Friend the Member for Sheffield, Brightside and Hillsborough. It is rare that a junior Front-Bench spokesman has such support from a series of former Home Secretaries, but they have been incredibly supportive and helpful.
We are not yet dancing on the grave of identity cards. I live in hope that the Government will see the error of their ways and that, despite this Bill, they will revisit the issue of passport biometrics. I look forward to seeing how the Bill progresses in the Lords.
Question put and agreed to.
Bill accordingly read the Third time and passed.