Clause 7 - Procedure for orders under s. 6
Identity Cards Bill
5:00 pm
Alistair Carmichael (Shadow Minister, Home Affairs; Orkney and Shetland, Liberal Democrat)
I beg to move amendment No. 151, in clause 7, page 7, line 3, at end add—
'(7) Orders made under section 6 shall be considered to be primary legislation for the purposes of the Human Rights Act 1998.'.
The amendment is probing and we can probably deal with it in fairly short compass. I tabled it because the clause is interesting to say the least, and I am keen to have more of the Minister's and the Government's thinking on it on record.
The procedure covers orders that contain provision for compulsory registration. It lays out a process that involves the preparation and publication of a report that sets out a proposal for it to include the Secretary of State's reasons for making the proposal, for the report to be laid before both Houses and for each House to have approved the proposal in the report, with or without modifications, as well as the draft order. I have read the clause short, but that will be its effect.
I stress that the amendment is effectively a probing amendment. Its terms are such that, for the purposes of the Human Rights Act 1998, the orders would be considered primary legislation. The distinction is that primary legislation requires to be certified by the Secretary of State—the Home Secretary, I think, in this case—and that the legislation is compliant with convention rights—[Interruption.]