Identity Cards Bill

My Lords, as the spokesman on children’s issues on these Benches, I shall address some of the issues relating to children. Before I do so, perhaps I may say how much I enjoyed the maiden speech of the noble Lord, Lord Soley, who is not in his place at the moment. I hope that he will read my remarks in Hansard, because I would like to warn the noble Lord against being misled by the contribution of women in your Lordships’ House into thinking that the proportion of women here is any more close to the proportion of women in the general population than it is in another place. It is not. But examples such as the Minister and the noble Baroness, Lady Anelay, may very well lull a new Member of your Lordships’ House into thinking that it is other than it is. It is all the more outrageous because this is an appointed House and something could easily be done about it. Perhaps the noble Lord, Lord Soley, will take that on as a campaign during his career in your Lordships’ House. I do hope so. I turn to the Bill. What is the Government’s purpose for this legislation in relation to children? I am not aware that we have had a rash of child terrorists, or a lot of people stealing the identity of children, or that many children have applied for benefits to which they are not entitled. I think that this is yet another symptom of a nosy and controlling state. The noble Baroness, Lady Ramsay of Cartvale, said that if you have nothing to hide then you have nothing to fear from ID cards. I have always said about the Bill that the more innocent you are, the less right the state has to know, even less to control, what you do. That relates in particular to children. First, why should children be forced to have ID cards? What advantage can be gained? The accepted definition of a child in this country is someone under 18, except for some vulnerable groups where the age is higher. Yet we find that 16 and 17 year-olds will have to have an ID card. The Bill also contains the power in Clause 2(6) for the Secretary of State to lower the current age of registration to any age. So that could include all children in future. Why does he need that power? How and why does he anticipate using it? We have as yet heard no rationale for that. When a child is forced to submit to the collection of personal data and does not consent to the sharing of that data, that is a breach of Article 16 of the UN Convention on the Rights of the Child and Article 8 of the ECHR, which provide children with the rights to a private and family life. Any interference with those would have to be justified in the public interest. If that interference is necessary in a democratic society to achieve the public interest and the measures taken are proportionate to that aim, the convention allows the state to do that. Article 8(2) of the convention allows public authorities to interfere with an individual’s right to a private life only in the following circumstances: in the interests of national security; in the interests of public security; in the interests of the economic well-being of the country; for the prevention of disorder or crime; for the protection of health or morals; or for the protection of the rights and freedoms of others. Which of those circumstances do the Government regard as legitimising their interference in the private life of a little child? Under Article 16 of the UN Convention on the Rights of the Child, the right to privacy requires that national legislation ensures that the child knows of the existence of information stored about him or her; knows why such information is stored and by whom it is controlled; has access to such records; is able to challenge and, if necessary, correct their content; and knows who else has access to those records. Those provisions do not seem to be being complied with in the Bill. Will the Minister explain how the Government intend to comply with the convention and how they will inform children of their rights and duties in that regard? Secondly, what is the purpose of yet another register relating to children? There are already three databases: Section 12 of the Children Act 2004 provides for an information-sharing database; there is the Connexions database of 13 to 19 year-olds; and the national register of unaccompanied children. All of those contain a great deal of sensitive information about the child. How will those databases be related to the national identity register? Will information from them be available through the national identity register? If so, how can the NIR comply with the requirements of the Data Protection Act 1998 to have only the absolutely necessary information for the minimum length of time? My third concern relates to the fact that people may have to use an ID card to access public services. In that respect, the Bill may discriminate against all children, who use public services more than adults. In particular, it may discriminate against asylum-seeking children. Unaccompanied children are usually given limited leave to remain until they are 18. That means that they cannot get an ID card, as they are neither British nor have the right to live here permanently. What will happen to them? How will they get access to those restricted public services? Again, that breaks Article 24 of the UNCRC—the right to access healthcare services. It would also affect children who have been abandoned by their families. Finally, what about the cost of those cards for children? The Government have not yet been clear, but costs of up to £93 have been cited this evening. That would be punitive for most 16 and 17 year-olds and families on low incomes who have several children. The Minister may say that children do not yet have to have an ID card. However, the Government have linked ID cards with other designated documents, such as passports. In the past few years, legislation has laid down that all children must have their own passports from birth. Does that not mean that a child who wants to accompany his or her parents on a family holiday to Disney World in Florida would have to apply for both a passport and an ID card, and thus be subject to all the other concerns that I have just outlined? Is that not forcing children to get ID cards by the back door. There are major difficulties with biometrics for children. There are many issues about the duty to supply and update information. As has been mentioned, what happens to children in care? Are they responsible for supplying changes in circumstances, or is it up to the local authority? Many of them frequently move from one foster placement to another—sadly, carrying their goods and chattels in a black bin bag. Who provides that information to the national identity register and who pays the fine if it is not done? Do young people at boarding school or college have to give their temporary address? Do children whose parents are divorced and who spend time with both parents have to give both addresses? What happens if a child cannot afford a fine of up to £2,500 for non-compliance? There has been no talk of affordable fines based on people’s ability to pay. Those are only some of the many issues relating to children’s rights that give me great concern. I hope that the Minister can answer some of them.