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Proceeding contribution from Lord Lyell of Markyate (Conservative) in the House of Lords on Monday, 12 December 2005. It occurred during Committee of the Whole House (HL) and Debate on bill on Identity Cards Bill 2005-06.


Identity Cards Bill

I am most grateful to the noble Baroness for giving way. She makes a good point about a civil penalty as opposed to a criminal penalty. It is really a question of the procedural safeguards when you get to court. The burden of proof should be on the Crown or the equivalent—the Home Office—rather than on the citizen. The other rules that normally apply in the criminal court should apply. After all, that is the way that the European Court of Human Rights approaches Article 6 in this respect. It is not that it minds so much exactly what things are called; it is concerned with the substance of the protections. The amendments that are before us now focus on the substance of the protections and I hope that the noble Baroness will be sympathetic to that. They would do the Home Secretary no harm and they would seriously relieve citizens of potential injustice.


Secondary information

Type
Proceeding contribution
Reference
676 c1083 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Disability Disclosure of information Data protection Codes of practice Biometrics Costs Convictions Delegated legislation Fraud EU countries Fees and charges Fingerprints Immigration EU law Identity cards Documents Fines Eyes Personal records Photographs National identity register Proof of identity Passports Registration
Legislation
Identity Cards Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk