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Identity Cards Bill

My Lords, I absolutely agree with the noble and learned Lord, Lord Ackner, that it is important to learn from experience. The way in which the Government have set out the two-stage process enables us to do just that. The principle of compulsion would be decided, but the mechanics of how it would be brought in would be amenable to change and sensitive to what we will have learnt between the first and second stages. There has been implicit criticism that, in taking time to evolve these proposals, we have not been as speedy as we could, bearing in mind the urgency of the situation. The Government are placed in an interesting situation, in which we are determined to be balanced, proportionate and practical in the way we roll this out. We are determined to get the process right. The super-affirmative resolution procedure gives us an opportunity for enhanced flexibility greater than that that we have had hitherto. Noble Lords have complained in the past that one of the disadvantages of the affirmative resolution procedure is that you cannot amend. It is a bit like a curate’s egg—one either accepts or rejects. The tradition has been that, if the majority of the content of an order is acceptable, one accepts those things with which one may disagree, because it is better to have the majority of issues as opposed to the few. The super-affirmative procedure, for the first time, would give this House and the other place an interesting opportunity, because it would allow them to have a voice about the detail of the provision proposed. That is the whole purpose for the procedure in Clause 7, which deals with the issues raised by the noble Lord, Lord Waddington. The procedure provides explicitly that the report laid before Parliament must contain all the details of the proposal for compulsion. That proposal can be modified by either House—your Lordships’ House or the other place. ““Modification”” is defined in the Bill as including omission, addition or alteration. Only if both Houses agree on the final report, with or without modification, can the order be made by the Secretary of State, subject to the normal affirmative procedure. That gives the House certainty, in terms of the fact that it is a compulsory scheme; an ability to learn from experience, as the noble and learned Lord indicated; and flexibility on implementation. I made it clear on the previous occasion, and sought to do so by my intervention when the noble Lord, Lord Waddington, was making his remarks in support of the application, that the super-affirmative resolution procedure is as I have more fully now described. The description given by my honourable friend in another place refers to the final position—that if both Houses do not agree, separate and different primary legislation would have to be brought in to implement anything in the order. I should correct what I am sure was not an intentional comment on the outcome from the Delegated Powers and Regulatory Reform Committee, because I think that the noble Baroness has never knowingly misled the House, and I am sure that she did not intend to so do on this occasion. However, it is right for us to look at paragraph 20, to which she referred, in toto, because it clearly describes two different situations. Perhaps I should read it, for completeness. It states:"““Any assessment of the appropriateness of this delegation of power is dependent on whether one considers this bill as introducing a voluntary scheme which may gradually be extended towards compulsion, or a bill which provides for a compulsory scheme preceded by a voluntary stage. If the former (i.e. if the House is not at this time willing to endorse the principle of a compulsory scheme for all), then the power in clause 6 is inappropriate and a compulsory scheme should only be introduced by means of a bill. If the latter (which accords with the Minister’s invitation at second reading and with the provision in the bill and policy in the memorandum), then the power in clause 6 is the most appropriate method to commence a compulsory scheme. We have taken the latter view, that this bill legislates in principle for a compulsory scheme of identity registration for all; and that the super-affirmative procedure proposed for its introduction is thus the most stringent available secondary legislative mechanism for its scrutiny””." We have throughout said that the Government’s intention is to introduce a compulsory scheme, but in two stages. I hope that I put that beyond doubt when I said at Second Reading on 31 October that,"““the identity card scheme to be introduced is designed to become compulsory. We therefore need to have the debate on the principle of compulsion now””.—[Official Report, 31/10/05; col. 16.]" I did not say that it should be debated on another date; I said ““now””. This is the primary legislation, on which this House and the other place have an opportunity to express their view and say yea or nay; they should not do so on another occasion. The Government’s proposals, which command consistent public support, are for a national identity card scheme which will in time become compulsory. I remind your Lordships that the most recent Home Office research shows that around 73 per cent of people support the introduction of identity cards. Indeed, people often ask why we cannot introduce compulsory identity cards straightaway. When we move to compulsion, leaving aside any exceptional categories, it will then be compulsory for every British citizen resident in the UK and all foreign nationals resident for more than three months to register, backed up by civil financial penalties for failure to comply. That is the scheme that we are talking about. Through the special super-affirmative procedure set out in Clause 7, Parliament will have the opportunity to debate the precise details, but the debate will be about the timing of compulsion and the categories of individuals to be included in the compulsion order, not the principle.