Identity Cards Bill

I support the arguments put forward by my noble friend Lady Seccombe, my noble and learned friend Lord Mayhew and the noble Lord, Lord Phillips of Sudbury. It is pretty clear that a fine of £2,500 would be held to be a criminal penalty, or the equivalent of a criminal penalty, under Article 6. I invite the Minister to look at International Roth GmbH et al v Home Office. Lorry drivers could automatically be fined £2,000 or multiples of £2,000 by the Customs and Excise if there were illegal immigrants in their lorries. That case, as the noble Baroness will remember, was struck down by the courts under Article 6, among other things, a result that was upheld by the Court of Appeal. It was pretty similar—the fine was £2,000 and there could be 10 or 15 illegal immigrants in a lorry, a fact that was often not known to the driver. It was a heavy penalty. The sum of £2,500 could be a very heavy penalty to an individual. I support the introduction of the word ““intentional”” and invite the Minister, when she has time, to redraw the provisions so that they fulfil the criminal standard and put the burden of proof on to the prosecution.