Identity Cards Bill

In relation to being right or wrong the answer is yes and no. The noble Lord is absolutely right to say that there is an order-making power, but that power is by affirmative resolution of both Houses. It would be possible, if my right honourable friend the Home Secretary, or any of his successors in title, were minded to come forward with an order for any category, to put that order before both Houses and for both Houses to determine what they think about such an extension. I can easily imagine the reaction if any of my right honourable friend’s successors in title came forward with an indication on, for example, race, and I can anticipate what this House, if not the other place, would be likely to do with that. The definition of information contained in Schedule 1 could be amended by affirmative resolution before any additional detail within the wider definition of physical characteristics could possibly be included. It must also remain within the statutory purposes of the scheme. This power was recognised by the Delegated Powers and Regulatory Reform Committee, which considered the powers sufficiently defined in extent and, as such, we and the committee do not consider that any further restriction is necessary. The noble Baroness, Lady Seccombe, asked whether one could voluntarily record whether she was white, small and so on. That is dealt with in Amendments Nos. 67A and 68 which will be discussed later. But I can assure her that irrelevant information about such matters as height and race could not be recorded. Any amendment to add such physical characteristics to the schedule would be subject to the affirmative resolution procedure. Voluntary information can be recorded only once the categories of such voluntary information have been set out by order. Voluntary information can only be in categories in the order subject to the negative procedure. I have already dealt with racial characteristics under the register because I have indicated that they will not be included. Racial and ethnic origins are not registrable facts as defined in Clause 1(5). The Government have no intention of changing that. Just to remind the House of what we all know, physical characteristics are not the same as racial or ethnic origins. One only has to think of Aryans, who come in different shapes, sizes and colours. I hope that that has reassured the noble Baroness that these amendments are unnecessary. I understand why the noble Baroness wanted clarification, but I hope that she, and the noble Lord, can rest easy.