Clause 35 - Appeals against penalties
Identity Cards Bill
9:30 am
Patrick Mercer (Shadow Minister (Homeland Security), (Assisted By Shadow Law Officers); Newark, Conservative)
The amendment is a very simple one, which would merely delete the word “or”. Amendment No. 116 would add a new paragraph (d). We are probing the Government on this matter because, in relation to the question of appeal, the court can cancel or reduce the penalty, or dismiss the appeal. We propose that the court should be allowed to increase the penalty. A disincentive to appeal would be created that the court might find useful.
Any number of appeals could go on in relation to several elements of this Bill, and others. If we give the court the ability to increase the penalty, there might be less incentive to appeal. I believe that would be useful, so I would like to know why the Government have not included such a provision. I look forward to hearing the Minister’s explanation.