Identity Cards Bill

We are very grateful to the noble Baroness for tabling these amendments, which, as she made clear, take up some of the recommendations of the Delegated Powers and Regulatory Reform Committee on the Identity Cards Bill. The Government are always grateful to that committee, which, as usual, has carried out very careful scrutiny of the Bill. We intend to write to the committee chair in due course to set out the Government’s response to the recommendations in the committee’s report. Therefore, we accept the principle of the noble Baroness’s amendments in so far as there should be scrutiny under the affirmative resolution procedure for the power in Clause 8(4)(b) to prescribe the registrable facts on which a requirement to issue an ID card rests, for the power in Clause 10(2) to prescribe requirements for an ID card issued by a designated documents authority, for the powers in subsections (3), (4) and (5) of Clause 19 on the provision of information from the register without consent, and for the fee regulations under Clause 37. However, we do not accept two aspects of the noble Baroness’s amendments. In respect of Clause 37, we believe that we must follow the recommendation of the Delegated Powers and Regulatory Reform Committee and provide that, where a fee increase is as a result of inflation, such routine changes should be made by regulations that remain subject to the negative resolution procedure. I am sure that the noble Baroness will want to accept that. Also, in respect of Clause 10, we take the view that the regulation-making power in subsection (2) should—again, as recommended by the Delegated Powers and Regulatory Reform Committee—be subject to the affirmative resolution procedure. However, the noble Baroness’s amendment, as drafted, would bite on the whole of Clause 10—that is, it would affect the delegated powers in subsections (3) and (4) as well as the one in subsection (2). To that extent, we cannot accept the amendment. I am sure that the noble Baroness, Lady Anelay, will understand that, having accepted the principle behind her amendments, we would now like to check the precise drafting with the parliamentary draftsman. Having done that, it would be our intention to bring back on Report what I expect to be very similar government amendments. We should be happy to share the drafts with the noble Baroness so that they accord with her wishes. Therefore, I hope that, having heard that, the noble Baroness will feel able to withdraw her amendment.