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Identity Cards Bill

moved Amendment No. 66A:"Page 16, line 38, leave out paragraph (a)." The noble Baroness said: My Lords, Amendment No. 66A would remove subsection (2)(a) from Clause 18. As the Explanatory Notes inform us, Clause 18 sets out that there may be no requirement on individuals by organisations to produce an ID card as the only acceptable proof of identity before a move to compulsion, other than in the circumstances set out in subsection (2). The Explanatory Notes go on to explain that the exceptions in subsection (2) include where there is,"““a specific requirement for a check on an individual’s ID card or against the Register under Clause 15””—" that is, the power to make public services conditional on ID checks—"““or in accordance with provisions under another enactment; where the organisation allows for reasonable alternative methods of proving identity; or when it is compulsory for the individual to register””." Paragraph (a) refers specifically to Clause 15 and provisions that may be made by another enactment. My fear is that this subsection could potentially catch individuals, private organisations and/or private businesses. It is one thing to require that access to all government-funded public services needs an ID check but quite another to impose on privately run businesses the need for compulsory ID checks, using this system, and, in turn, all the currently unknown costs that will go with that—for example, the cost of readers or of making requests to the system. In addition to imposing such costs, the subsection removes a degree of choice that businesses should themselves make regarding ID checks. I know that the Government disagree with this, but we should not be a nanny state. The particular open-ended reference to the phrase, ““in accordance with provisions made by order under any other enactment”” is very far-reaching. No doubt the Minister will argue the need for flexibility. But what is to stop future enactments in theory from compelling something silly like a fairground owner checking everyone’s ID card to make sure they are old enough to have a go on specific rides, be they too old or too young? Will the Minister offer to see what changes can be made to the legislation to ensure that none of the above will occur? What assurances can she give that subsection (2)(a) will not be used in this manner? I beg to move.