Clause 14 - Use of information for verification or otherwise with consent
Identity Cards Bill
1:00 pm
Alistair Carmichael (Shadow Minister, Home Affairs; Orkney and Shetland, Liberal Democrat)
Amendments Nos. 171 and 160 would have the combined effect of making subsection (1) read: “The Secretary of State may provide a prescribed person with all of the information recorded in an individual’s entry in the Register if—”, and the conditions are laid out in subsection (1)(a) and (b). All the amendments are probing amendments, but they raise matters worthy of consideration. The clause allows others to obtain information held on the database for the purposes of verification. A number of issues arise from the amendments.
Amendment No. 171 would require the Government to introduce regulations on those people for whom information can be provided. That was considered by the Committee when it debated the last Bill. My reason for bringing it to the Committee for consideration again is that there is some merit not necessarily in excluding people from the provision of information under the clause—I can see that that would be problematic—but in providing regulations that would put in safeguards for the sake of people with learning difficulties, for example. There could be provisions for their consent to be given. That is one example, coming almost from the top of my head, of the sort of provision that I would expect such regulations to contain. Prescription would be a useful tool for the Government and would contribute to transparency, which is not evident at the moment.
What would be required by way of consent? My concern is that consent would end up being given almost unwittingly. I think of the situation every time I hire a car, as I do from time to time. I initial the form in three places and sign at the bottom. One of these days I shall leave myself sufficient time to read the form so that I know what I am signing. I very rarely do that. If consent is to be given, I am concerned that that should be done in an express and unambiguous way.