Identity Cards Bill

There would have to be new legislation. There is no order-making power in this Bill. We have gone through the framework created by Clause 1(5), which is the primary focus, and we then have the schedules. The opportunity for the Secretary of State to bring in new matters is confined within those parameters. That is why I said earlier that Clause 1 is important, and that we need it for the framework. In response to the noble Baroness, Lady Seccombe, who asked why we had it rather than just having Schedule 1, we need the two because the one defines the ambit of the other. The Clause 11 power cannot be used, for example, by the police or other sources, as that power can be used only to verify information that the Secretary of State already has. It would not be lawful for the police to provide that information voluntarily because they are constrained by PACE and powers as to the purpose for which they can disclose DNA and fingerprint information. It is not included in the schedule as the Bill stands. It could not be recorded in the register. Even if it were added by affirmative order, there is no power in the Bill to take DNA samples, no power under Clause 11 and no power to give it voluntarily, as it is constrained by PACE. I hope that I have made it clear. I understand the anxiety but that anxiety should be contained for another day because it is not based on anything in the Bill.