Identity Cards Bill

Part of the debate – in the House of Lords at 3:15 pm on 6 February 2006.

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Photo of Lord Bassam of Brighton Lord Bassam of Brighton Government Whip, Government Whip 3:15, 6 February 2006

My Lords, given our debates in Committee I rather thought that I might have been to blame for the amendment moved by the noble and learned Lord, Lord Ackner. I hope that I can rise reasonably effectively to the tease in his amendment and I thank him for moving it again so that we could debate this issue, as we did with some amusement at an earlier stage. I should also address some of the comments made by the noble Baroness, Lady Anelay, regarding the latest published figures on identity fraud.

I accept that there has been some dispute in the press over those figures, but for our part, we feel that the figure of £1.7 billion has in the main been agreed with all the key stakeholders. We have never claimed that the introduction of identity cards would impact on all of that fraud but it would certainly make a substantial difference. I suspect that the noble Baroness appreciates that that is the case. I do not know whether she occasionally watches commercials as intently as I do—I am obliged to by my children—but I recall that a major credit card, Capital One, I think, is drawing people's attention to its own variant of credit card rating by claiming to be more secure from fraud and identity fraud than other credit cards. That is entirely a matter for those involved, but clearly there is an issue which we cannot dismiss. Yes, it is part of the Government's case that having a secure system of identity will ensure that the chances of people being able to secure and steal one's identity for a fraudulent purpose are much reduced. That is important, certainly for consumers, who have to pay the cost of identity fraud through their credit card bills.

As noble Lords are by now no doubt aware, Clause 1 sets out the statutory purposes, an important component of which are the registrable facts—that is, the key pieces of information through which people's identity will be established. Clause 1(7)(b) includes within the registrable facts other names by which a person is or has previously been known. That is set out in the Bill.

This amendment, as moved by the noble and learned Lord, Lord Ackner, would qualify that paragraph with the words,

"if the individual so chooses", and would introduce the element of choice in the way in which he described. The effect of the amendment would be twofold. First, it would impact on the Secretary of State's regulation-making power in Clause 5(3), under which the information that must accompany an application to be registered will be prescribed. That power is limited by Clause 5(6), the effect of which is that the regulations may not require information from a person unless that information is required for the statutory purposes. Amendment No. 1 would write into the statutory purposes the proposition that it is entirely a matter for the individual concerned whether or not previous or other names are recorded. Regulations which nevertheless required such information would therefore be of dubious legality.

The second effect that the amendment would have is that, where a person changed his name and updated his entry on the register, his previous name could, arguably, not be held unless he consented to it being so held. That is because, as a consequence of Clause 3(1), information may continue to be held on the register only if it is consistent with the statutory purposes to do so.

We take the view that the power to determine if and when previous or other names should be held on the register should not rest solely with the individual concerned, as suggested in the amendment moved by the noble and learned Lord, Lord Ackner. In fact, as regards previous names in particular, we consider that for the prevention and detection of fraud it is imperative that that discretion does not remain with individuals.

On enrolment, it will be necessary to ask whether an individual has had a previous name so that verification of all the information provided by him can be carried out effectively. This is nothing new and is a common request on many application forms, such as the passport application. To do otherwise would leave a loophole to assist those wishing to create a false identity.

The recording of previous names is also important to tackle situations where fraudsters change their name and address in rapid succession in order to create a new identity or fraudulently use that of another person. Currently, such crimes can be difficult to prevent, as there is no reliable source that can link a previous and current name to the same individual. Very often, a proof of change of name does not even exist. By recording previous names, the identity card scheme can help to tackle this problem far more effectively than can current methods such as a presentation of a deed poll, where there is absolutely no assurance that you are in fact the person on the deed poll.

A different rationale underlies the recording of second names. As our letter to Peers during Committee stage clarified, this is intended primarily to be for the convenience of the individual who may need to be verified in a different name, such as a stage name or their maiden name. To that extent, it will indeed be a matter for the individual concerned whether or not he registers a second—or, indeed, third—name as his current name.

However, there will be certain circumstances in which the Secretary of State will require details of a second, current name to be held on the register. For example, in the small number of cases in which those members of the transgender community living dual gender lives will have two cards, both names will have to be recorded on the register.

As noble Lords are aware, people are free to call themselves whatever they like. A change of name does not need to be effected by deed poll. Our policy on names in relation to the register in no way changes that position. We will require people to register their primary name, that is to say the name by which a person is known for all purposes. We will provide guidance to ensure that a person is satisfied that the right name is on record, in line with the current practice of the UK Passport Service. Attendance at an enrolment centre will also ensure that any questions can be clarified by a member of staff before enrolment is complete.

I hope I have been able to explain clearly to the House why we consider that the discretion to determine if and when a previous or an alternative name should be held on the register should not, as the amendment tabled by the noble and learned Lord, Lord Ackner, would suggest, rest entirely with the individual concerned.

I have referred to the regulation-making power in Clause 5(3) to prescribe the information which must accompany an application to be registered. It is those regulations that will contain the details of exactly when previous names and alternative names will be required from applicants. I should remind noble Lords that on the first occasion on which regulations are made under that power the parliamentary procedure will be the affirmative resolution procedure. Thus the matter will come before your Lordships' House at a later date.

Other questions were raised during the debate and I shall try to respond to them as best as I can. The noble Lord, Lord Phillips, asked about previous names being included in the validation information. I agree with him that it is likely that previous names would be investigated and recorded as validation information under paragraph 7 of Scheduled 1. I am in agreement with the noble Lord on that point. However, that would be a rather indirect route. We believe that previous names are highly relevant to establishing a person's true identity and in combating fraud. Therefore, we take the view that it is right that they should be included as registrable facts in themselves.

The noble Lord, Lord Hylton, asked how long a deceased person's names will be kept. In essence, the answer is as long as necessary for the statutory purposes of the scheme. Clearly, we need to be able to guard against what is sometimes known as the Day of the Jackal-type fraud. I recall that at an earlier stage of the Bill we had some discussion on that. Fraudsters seek to use the identities of people who have died. The answer is for as long as necessary. At this stage I cannot say exactly how long that will be. We shall have to give continued thought to that point.

I am grateful to the noble and learned Lord, Lord Ackner, for bringing forward this discussion today. I hope that I have clarified any confusion that may have arisen. I had hoped that the letter that we sent after Committee stage had done that. I hope that having heard that explanation the noble and learned Lord will feel able to withdraw his amendment.