Clause 15 - Power to make public services conditional on identity checks
Identity Cards Bill
4:15 pm
Mr Des Browne (Minister of State (Citizenship, Immigration and Counter-Terrorism), Home Office; Kilmarnock and Loudoun, Labour)
What I have in my mind is that across the public sector there are already many situations in which statutory services require an individual to produce proof of identity—for example, when receiving benefits or when initially registering with a GP. However, of necessity, people doe not need to prove their identity every time they have an interaction with any such services. Part of GP services is to build up relationships, and one would hope that a GP would come to know a person whom they see regularly, and would be able to recognise them. The idea that people will have to produce these cards in all circumstances and for every transaction is neither tenable nor logical, and it is highly improbable—impossible, I would venture to suggest—that a set of regulations would be drafted in such a way.
There are any number of potential relationships in public services where people need to prove their identity, and all of them are potentially capable of being subject to regulations under clause 15. It gives a power to make regulations requiring an ID card or ''evidence of registrable facts'', or both, in order to be provided with a public service.
This measure is not intended to facilitate interfering with or changing a person's entitlements. It is merely intended to give service providers flexibility in deciding what proof of identity is the most appropriate in particular circumstances, and what level of identity check is necessary.
The regulations that can be made under this clause require prior consultation with members of the public likely to be affected, followed by parliamentary consent under the affirmative resolution procedure. There will need to be a separate decision for each service. There will be plenty of opportunity to have detailed discussions on whether, depending on the nature of the service that it provides, a service provider should have the flexibility to require people to produce the highest level of identity. Such things can be tailored to suit individual circumstances, and we do not intend to be prescriptive in this legislation. For example, cost-benefit analysis will have to be done on benefits to ascertain whether the highest level of check would be appropriate, and for what number of transactions. Such decisions will be made in the fullness of time.
The other important point is that, under clause 15, we cannot require a person to produce an ID card to receive payments, such as social security benefits, or free public services, such as NHS treatment, until it is compulsory for that person to register under clause 6. That seems logical as well, and is a further protection against full compulsion by the back door.