Clause 33 - Imposition of civil penalties
Identity Cards Bill
9:30 am
Tony McNulty (Minister of State (Immigration, Citizenship and Nationality), Home Office; Harrow East, Labour)
The hon. and learned Gentleman clearly has a very strong imagination. We think that amendment No. 109 is unnecessary—he alluded to this himself—because although the provision, taken literally, could mean the Secretary of State going around and orally presenting to everyone the cost and circumstances of the civil penalty, he does not really want to do that, so it is not going to happen.
We shall not need the requirement to give notice in writing. Subsection (3) sets out the information that a notice must contain. Regulations made under subsection (2)—I am sorry to offend the hon. and learned Gentleman by talking about regulations—will be aimed at ensuring that the manner in which a notice is given is clear and fair and that it leaves the recipient in no doubt that a penalty has been imposed.
We think that leaving the provision to regulation will give us a good deal of the necessary flexibility to achieve that aim. For example, notices might be given by e-mail—for the benefit of the hon. and learned Gentleman, that is a new-fangled contraption that works over the airwaves—as well as through the post. Subsequent innovations may mean that leaving the provision with that flexibility is preferable to being very specific and talking about writing.
Amendment No. 110 would spell it out that a penalty may be paid in instalments. We shall certainly consider that when we design the detailed arrangements; it is an entirely fair point that reflects how things are going. Crucially, though, subsection (3)(d) does not preclude us from so doing, and I do not consider it necessary to refer expressly in the clause to instalments.
Through amendment No. 112, the hon. and learned Gentleman would increase the period within which a person may be required to pay a penalty from 14 days to 28. Subsection (4) simply provides for a minimum period of not less than 14 days, but the period will not be settled until the details of the scheme are finalised. We think that 14 days is the right time to have as a statutory minimum, and I assure the hon. and learned Gentleman that when the time comes to decide the period set for penalty notices, careful thought will be given to those who may be subject to civil penalties and whether a payment period of more than 14 days is desirable in practice.
I apologise for not dealing with every single amendment, but, although I appreciate the drift, I must ask the hon. and learned Gentleman to withdraw his amendment, given the calm and reassuring words I have just imparted.