Clause 35 - Appeals against penalties
Identity Cards Bill
5:30 pm
Mr Des Browne (Minister of State (Citizenship, Immigration and Counter-Terrorism), Home Office; Kilmarnock and Loudoun, Labour)
I was responding on amendments Nos. 40 and 41, which we are considering together. We heard that their effect would be to give a court considering an appeal against a penalty the power to increase that penalty, in addition to the options of reducing or cancelling the penalty or dismissing the appeal.
This is not necessary. As I said before we adjourned for the Divisions, the Secretary of State has the power to increase a penalty as a result of an objection made under clause 34(3). At that stage, the Secretary of State will have an opportunity to ascertain the full circumstances of any breach that justifies a penalty and of the individual concerned. That stage is appropriate for the penalty to be fixed, once and for all.
The purpose of clause 35 is to give individuals access to the court for a re-hearing of the Secretary of State's decision to impose a penalty. The significant disincentive of the possibility of an increased penalty would act against the interests of the appellant when the Secretary of State had imposed a penalty and against there being an opportunity to ascertain all the relevant facts.
In those circumstances, I am confident that the provisions are fair and equitable; I see no compelling need to change them. However, I also remind the Committee that this is not a revenue-raising power. It is designed to encourage people to conform to the scheme and not commit any of the offences that are relevant to these penalties. I hope that I have reassured the hon. Member for Woking that we have a coherent and fair regime of civil penalties and I ask that the amendment be withdrawn.