Clause 20 - Further uses connected with the prevention and detection of crime
Identity Cards Bill
11:15 am
Edward Garnier (Shadow Minister, (Assisted By Shadow Law Officers); Harborough, Conservative)
I beg to move amendment No. 72, in clause 20, page 18, line 45, leave out subsection (3).
The amendment seeks to delete subsection (3). The clause title reflects, no doubt, a worthy and uncontroversial desire—preventing and detecting crime—but we are entitled to greater scrutiny of the clause than a simple nod-through would provide.
Subsection (1) refers to “section 23”, and states:
“The Secretary of State may, without the individual’s consent, provide a person with information recorded in an individual’s entry in the Register if—
(a)the provision of the information is authorised by this section; and
(b)there is compliance with any requirements imposed by or under section 23 in relation to the provision of the information.”
I will not read clause 23 out, but I defy anybody who reads it to have a better idea of what the Government intend at the end of the read-though than they had at the start.
Clause 20 goes on to deal with the provision of information that does not fall within the audit trail under paragraph 9 of schedule 1. It then states:
“Section 18 of the Anti-terrorism, Crime and Security Act 2001, (restriction on disclosure of information for overseas purposes) shall have effect”.
I want to hear what the Government are doing in that regard.
May I underline again my general concerns about the nature of the Bill as it is increasingly revealed? Subsection (4) makes it clear that the provision of information falling within the audit trail of paragraph 9 of schedule 1
“is authorised by this section if it is provided—
(a)to a person to whom information may be provided by virtue of any of subsections (3) to (5) of section 19 or is made as mentioned in subsection (2) of this section”.
Subsection (4)(b), which is the little catch-all, states:
“for purposes connected with the prevention or detection of serious crime.”
These are not tedious debating society points. We are affecting the relationship between the state and the individual. I urge the Government to apply their mind with greater vigour to the access and function creep that the subsection deals with and which my amendment invites them to address.