Clause 33 - Imposition of civil penalties
Identity Cards Bill
9:30 am
Edward Garnier (Shadow Minister, (Assisted By Shadow Law Officers); Harborough, Conservative)
On page 28 of the Bill, we wish to insert “in writing” in clause 33(2), so it would read:
“The Secretary of State may, by a notice given to the defaulter”—
“in writing”—
“in the prescribed manner”.
It may be thought that “notice” suggests an element of permanence, but it is perfectly possible to give people notice orally. I have no doubt that in practical terms the Secretary of State will not be wandering around telling people that he will be inviting his officials to send out pieces of paper, but it will be as well to have that assurance from the Minister.
Amendments Nos. 110 to 113 deal with what I hope are perfectly sensible suggestions. In relation to amendment No. 110, it should be possible to make penalty payments in instalments. Consider the earlier clauses that we dealt with: some civil penalties are, or could be, in the thousands of pounds, so an instalment method may be just and appropriate.
Similarly, the next amendment would require the setting out of the grounds for objection in clause 34 be specified. With amendment No. 112, we want to adjust the period for payment to 28 days as opposed to 14. That seems to be entirely just, and it would not destroy the Government.
With amendment No. 113, we say that the grounds for moving the procedure to deal with an objection are unfairly restricted to those in clause 33(6)(a) to (c). They should include also questions about the quality of the serving of the notice itself. I know that the Royal Mail is impeccable in every aspect of its functions, but from time to time the post does not arrive, and it is no good turning up at court or at the tribunal complaining that the notice never arrived, if that argument is not available. I hope that it can be made such.
The amendments are fairly straightforward, and they can be dealt with in a common-sense way. I imagine that the Government wish to embrace them.