Identity Cards Bill

moved Amendment No. 22:"Page 2, leave out lines 6 to 33 and insert ““information which may be recorded in the Register as specified in Schedule 1””" The noble Lord said: The amendment leaves out subsections (5) to (8) of Clause 1 as drafted. Subsection (5) would then state:"““In this Act ‘registrable fact’, in relation to an individual, means information which may be recorded in the Register as specified in Schedule 1””." I do not know whether I am alone in having difficulty in correlating Clause 1(5) with Clause 3 and Schedule 1. The noble Baroness stated earlier that the purpose of subsection (5) is to give a definition within which any information recorded in Schedule 1 is to come. In effect, it circumscribes the boundary of information for the purposes of Clause 3 and Schedule 1. I recommend some cross-reference in the Bill—at present there is none—between Clauses 1 and 3 and Clause 1 and Schedule 1. For the normal purpose of anyone reading the Bill—that includes a lawyer—the provision should state, ““information which may be recorded in the Register”” followed by a reference not only to Clause 3 but also to Clause 1(5). I am considerably assuaged by the thought that Clause 1(5) circumscribes for all purposes and at all times, subject to primary legislation, what can be placed in the register under Schedule 1. I referred earlier to one fact which seemed to go against that supposition in relation to principal residence. I still think that I am right. No doubt the noble Baroness will be kind enough to consider that issue. There are issues the other way. I note, for example, that paragraph 5 to Schedule 1 refers to ““his date of death””. An identity card for a dead man is a somewhat novel concept. None the less, I am sure the parliamentary draftsman has some obscure purpose in mind. Subject to those matters, for the next stage of the Bill, I shall return with some cross-reference amendments which will make life easier for those who have to construe this document. I have one question: I do not expect the noble Baroness to answer it now. I do not understand who decides under Clause 3 what registrable facts are to go on each individual’s registry entry. Clause 3(1) states:"““The only information that may be recorded in the Register is””." Who exercises the discretion in respect of each citizen as to what information within Clause 1(5) is to be included on the register? Finally, in thinking more about this matter, I was brought back to the need for the register, and responsibility for the register, to be clearer in the Bill. I beg to move.