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Identity Cards Bill

My Lords, I understand that the noble Lord, Lord Phillips, is seeking through his amendment to extend the reference to ““secure and reliable”” in Clause 1(3)(b) so as to refer to more than the method for which registrable facts about an individual can be ascertained or verified. I also understand the spirit in which he has moved the amendment. I dare say that we agree on the obvious point that the register must be both secure and reliable, but I am not convinced, having heard what he said, that this needs to be stated in the Bill in the way in which he suggests. Additionally, I am not convinced that Amendment No. 4 really achieves this, as Clause 1(3)(b) is concerned just with identification where that is in the public interest, whereas we would expect the register to be secure and reliable in every instance. I think that the noble Lord might want in any event to think about the drafting of the amendment. It goes pretty much without saying that the Secretary of State will want to ensure that the register is secure. Furthermore, once we have reached government Amendment No. 77 to clause 24, which the noble Lord mentioned, there will be a specific reference in the Bill to the National Identity Scheme Commissioner being able to review the arrangements for securing the confidentiality and integrity of information that is recorded in the register. I should also, once again, remind noble Lords that the data on the register must be held in a manner that is compliant with the Data Protection Act, as I am sure the noble Lord and the noble Baroness will be aware. The security of data is dealt with in some detail by   the seventh data protection principle, which provides that:"““Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data””." I feel strongly that we should not seek to reiterate in this Bill the obligations that already fall on the Secretary of State by virtue of the Data Protection Act. Nor would it be desirable to provide for parallel or overlapping obligations. We are often criticised for doing that in legislation—at least, that is the assumption behind some amendments. We need to have faith in the detailed provisions that not just your Lordships’ House but another place has made about the protection of personal data. In any event, we think that we are covered. We think that the amendment is unnecessary and question at least one item in the noble Lord’s drafting, although, in spirit, we are all there. The noble Lord is absolutely right to continue making the case for secure and reliable data and ensuring that they are properly protected. Although we understand the point, we think this amendment is unnecessary and ultimately undesirable.