Clause 36 - Code of practice on penalties

Identity Cards Bill

Public Bill Committees, 21 July 2005, 9:30 am

Question proposed, That the clause stand part of the Bill.

Photo of Edward Garnier

Edward Garnier (Shadow Minister, (Assisted By Shadow Law Officers); Harborough, Conservative)

I have just one point to make, and it was anticipated in debate a little while ago. The clause deals with the code of practice on penalties. We must see that code of practice before the Bill goes too much further down the legislative road. It is no good the Bill referring to things that we have not seen, unless we are promised that we will see them very shortly.

Photo of Alistair Carmichael

Alistair Carmichael (Shadow Minister, Home Affairs; Orkney & Shetland, Liberal Democrat)

I broadly agree with the hon. and learned Gentleman’s comments. Perhaps over the summer months, the Minister will consider widening the clause to include in the code of practice the circumstances in which civil penalties will be recovered by civil diligence, whether that is arrestment of wages or, ultimately, something such as poinding and warrant sales.

9:45 am
Photo of Tony McNulty

Tony McNulty (Minister of State (Immigration, Citizenship and Nationality), Home Office; Harrow East, Labour)

I shall be brief. We referred to the carriers’ liability scheme, for which there will be a code of practice. The points made by the hon. and learned Member for Harborough are entirely fair, and I shall make every endeavour to ensure that there is at least a high-level headline framework of what the code of practice might look like.

Photo of Edward Garnier

Edward Garnier (Shadow Minister, (Assisted By Shadow Law Officers); Harborough, Conservative)

Will it be rolled out?

Photo of Tony McNulty

Tony McNulty (Minister of State (Immigration, Citizenship and Nationality), Home Office; Harrow East, Labour)

No, I am not rolling out anything. I might roll out from my sunbed into the swimming pool if there is water in it, but I am not rolling out beyond that. The point remains entirely fair, however. The code of practice will be a key element of the civil penalty regime. To the extent that I can provide anything of substance on Report, I shall endeavour to do so.

I shall also try to take up the points made by the hon. Member for Orkney and Shetland about the recovery process. I do not want to get into another little debate about Scottish law, but I suspect that in England and Wales we will be talking about an attachment-of-earnings route rather than any other. I am mindful of what he said about warrant sales and that fellow Tommy whatever his name is, if he is still about.

Photo of Tony McNulty

Tony McNulty (Minister of State (Immigration, Citizenship and Nationality), Home Office; Harrow East, Labour)

I know his name; that is why I did not mention it.

Fair points have been made. I shall take them away, and I undertake to ensure that the Committee is advised of the direction in which we seek to go and to provide the information if we can on Report.

Question put and agreed to.

Clause 36 ordered to stand part of the Bill.