Clause 23 - Rules for using information without individual’s consent
Identity Cards Bill
12:30 pm

Andy Burnham (Parliamentary Under-Secretary, Home Office; Leigh, Labour)
My hon. Friend is right. This part of the Bill puts in place the rules and safeguards that address the concerns that have been raised. Therefore, Opposition Members should be adding to it, rather than subtracting from it, because each subsection will enable the Secretary of State to be more prescriptive about how requests are made, such as by specifying the person entitled to make applications. Therefore, the clause is important.
The Secretary of State may use a power under the clause to impose regulations stating that applications should be in writing. I am sure hon. Members agree that it might be sensible to insist on that, because it will ensure that there is a documented process and that everything is above board and carried out in a proper manner. The amendment would remove the Secretary of State’s power to insist on such things.
Opposition Members can be assured that a rigorous process will underpin access to information, and the Secretary of State’s powers to lay down regulations are clearly set out. We agree with Opposition Members that the rules should be as clear and rigorous as possible to ensure that there is not abuse of the kind that the hon. Member for Lancaster and Wyre referred to. It is obviously right that public bodies have the ability to access information in order for them better to do their job, but it is obviously wrong that that information should then leak out or be abused in any way.
These rules will be drafted for the clear purpose that I have outlined; they will give Opposition Members the reassurance they seek. The amendment is unnecessary, and I ask the hon. and learned Member for Harborough to withdraw it.
