moved Amendment No. 44:"Page 2, line 28, at end insert ““, the inclusion of which in an individual’s entry is authorised by Schedule 1””"
The noble Baroness said: We have been dealing with the specific question of DNA, but are still left with the issue that the Bill is deliberately framed to give the widest possible powers to the Government in compiling, maintaining and identifying information that is usable on the register.
Clause 1(7)(e) is very broad indeed, referring to any physical characteristic capable of identifying a person—their race, perhaps? There is no direct reference to the limiting provisions of Schedule 1, and there should be. Without any limiting reference, it could include a person’s height or weight, the fact that they had a tattoo on their right ankle, or the fact that they walked with a limp or were disabled. None of that would be ruled out by Clause 1(7)(e).
Is there not a chance that the police and security services, who we are told are the keenest proponents of this legislation, might find such information useful? ““Ah, well,”” the Minister may say, ““Clause 3(a) says that only information in the schedule may be included””. That is not so tight, however, as a reference to Schedule 1 would be here. After all, Clause 3 also contains a provision allowing any information to be recorded that an individual wants, and which the Secretary of State considers practical and appropriate. Could I record, if I wanted to, that I am white, small—or, as someone else suggested, ““of medium height””—or disabled?
What is more, the clause also allows the Secretary of State to modify Schedule 1—a subject to which we will return on later amendments. Schedule 1 as presently drafted offers more limitation. It seems to rule out the compilation of a race register, although I would like reassurance on that. In many government documents, are we not asked to provide details of our racial characteristics? Paragraph 7(c) of the schedule allows the inclusion of any information in connection with an application to be included in the register. Would that include an application for a driving licence which is a designated document in which someone might record a disability? Could that be used to build up a disability register, for example?
Sub-paragraph (e) is framed much too broadly. A reference to the schedule would help, but even that, as I have indicated, may be open to abuse. Will racial characteristics or disability ever be entered on the register? Will a person’s height or weight ever be registered? If not, where in the Bill is the power to prevent a future government building up a race register, given the clauses in the Bill to which I have referred? I hope that the Minister can accept this tightening of the Bill and I look forward to her reassurance in reply. I beg to move.
Identity Cards Bill
Proceeding contribution from
Baroness Seccombe
(Conservative)
in the House of Lords on Wednesday, 23 November 2005.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Identity Cards Bill.
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2005-06Chamber / Committee
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