Identity Cards Bill

moved Amendment No. 40:"Page 2, line 25, leave out paragraph (c)." The noble Baroness said: This probing amendment will remove ““gender”” as a reference to any individual’s identity within the context of the national ID register in Clause 1. The purpose of this amendment is the question the Minister as to how the use of gender information will sit with the Gender Recognition Act 2004. For example, will the information be entered as the gender on the birth certificate, or as the gender on a gender recognition certificate after a sex change? Will and should both pieces of information be kept? Could it not be an infringement of personal data, considering the large number of uses Her Majesty’s Government are proposing the database and cards be used for, as well as the potential function creep in the future? Section 10(1) of the Gender Recognition Act 2004 states:"““Where there is a UK birth register entry in relation to a person to whom a full gender recognition certificate is issued, the Secretary of State must send a copy of the certificate to the appropriate Registrar General.””" Can the Minister confirm whether the onus would be on the Secretary of State to inform the ID register of any gender change, as it is in the 2004 Act, or on the individual involved. Would the Government pay for the change of information? Will the use of gender as an identity reference adhere to the principles set out in Section 21 of the 2004 Act with regard to foreign gender change and marriage? Can the noble Lord clarify whether they accept gender change as having occurred in approved countries or territories only as agreed under the Gender Recognition Act? It is all very well for the Government to argue that this is an enabling Bill, but we need to be clear from the start how it interacts with current legislation. I hope that the noble Lord can shed some light on the issue. I beg to move.