Identity Documents Bill

Nigel Evans Excerpts

Wednesday 15th September 2010 Commons Chamber

[Heather Wheeler (South Derbyshire) (Con)]

I assure the hon. Gentleman that those who write to me in my constituency are asking me to scrap the ID legislation as quickly as possible, purely on the grounds of civil liberties. I find it astonishing that there can be any debate about this for much longer. Indeed, a number of people have suggested that we should wind up the debate immediately, although obviously a good many Members want to continue it. I have not received a single letter asking me—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. The hon. Lady’s intervention is far too wide of what we are discussing at the moment.

[Grahame M. Morris]

I do not think that the Government’s arguments have been effective. Aspects of the scheme deserve to be retained, and they are embodied in the new clauses and amendments. Clause 2 states:

“All ID cards that are valid immediately before that day are to be treated as cancelled by the Secretary of State at the end of the period of one month beginning with that day.”

In Committee, the Minister stated proudly that this was the Government’s first Bill. I am astonished that he can be pleased with himself, given that this first Bill from the new Government breaks a contract that was established between citizen and state. As was pointed out by my hon. Friend the Member for Bolton West (Julie Hilling), people put their faith in the Government and bought ID cards. They entered into that contract on a voluntary basis—there was no element of compulsion—and I believe that they have been let down sorely and spitefully by the Bill and the Government. The Government’s behaviour is illogical, unfair and frankly unnecessary.

Hon. Members have suggested various reasons why people may have decided to invest in ID cards. The need to protect their identities must have been a major concern, as identity theft is a huge problem that costs the economy billions of pounds and causes individuals untold stress and suffering. They may simply have wanted a more versatile method of identification—Labour Members have given some excellent examples of that—or even a proof of age. Whatever their reasons, they entered into a contract, and that contract should be honoured, but the coalition Government are tearing it up, and people who acted in good faith can justifiably feel let down.

Members on the Government Benches have argued that it might have been reasonable for people to expect ID cards to be scrapped if the Tories won power. That applies to the Liberal Democrats as well, as it was in their manifesto. But should we really be sending the public the message that they should not take too much notice of what the current Government say, because the next Government may say something different? That is a dangerous message to send.

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[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.

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[Damian Green]

I beg to move amendment 1, page 1, line 9, leave out

‘(with consequential amendments) by this Act’

and insert

‘by this Act (with consequential amendments and, in the case of section 38, also with minor amendments)’.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss Government amendments 2 to 4.

[Damian Green]

The amendments address an issue that was much discussed in Committee. They are not central to the Bill itself, but they are an important part of the wider picture. As we have already discussed at all stages, the Bill is about scrapping ID cards, destroying the data held on the national identity register and, as a result, removing the disproportionate hand of the state in the gathering of personal and biometric data for the purpose of issuing an ID card. It removes the ability of the state to require that a cardholder informs the state for the next 10 years of their personal circumstances, and it removes the threat of a heavy fine of up to £1,000 should they fail to do so.

Most of the clauses in the Bill re-enact the parts of the Identity Cards Act 2006 that were useful and proportionate. Clause 10 re-enacts the provisions of section 38 of the 2006 Act, which allows the Secretary of State to require relevant information to be provided to verify information provided in a passport application or to decide whether to withdraw a passport. In this context, “relevant information” includes identity information to confirm that the applicant is a real person and the person whom they claim to be. It enables the Identity and Passport Service to obtain information relevant to the application and considered necessary to conduct an effective interview with first-time applicants. That may include records from the credit reference agency that will show how long the person has lived at an address and at how many addresses they have lived. It would be unlawful and a breach of the Data Protection Act to require information that was not relevant to the passport application.

During the oral evidence sessions in Committee, two pressure groups—Liberty and Justice—supported the provisions in the clause, which is a welcome and envious position for any Government when bringing new legislation before Parliament. However, I indicated in Committee that I would welcome representations from members of the Committee on the scope of clause 10—in particular, on ensuring that information obtained is indeed passport-specific—and on the retention policy on data obtained.

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[Mr Blunkett]

The hon. Gentleman is emotionally attached to the idea of the perniciousness of the scheme, but I want gently to test how far his libertarianism would go. There are two states in the United States where a blind person can obtain a licence to own a gun. One of those states does not require a blind person to have a driving licence—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. That point is wide of Third Reading, but is a good try none the less.

[Stephen Pound (Ealing North) (Lab)]

It was a good point.