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Identity Cards Bill

My Lords, I am certainly happy to look at the matter, but, as I said earlier, the safeguard exists through the affirmative resolution procedure. Any regulations for monitoring this situation would have to come before both Houses for debate and therefore be agreed in the way in which we have clearly set out. I have also given the assurance that it is not our intention that the provision should operate in a way that would make an identity card compulsory for free prescriptions. I have given assurances also in relation to those other matters. I hope that I have explained why we are unable to accept the wording of Amendment No. 66A of the noble Baroness, Lady Anelay, which was spoken to so eloquently by the noble Baroness, Lady Seccombe. I recognise that she was trying to find a safeguard against the enforced use of identity checks in advance of compulsion. She made that clear in the way in which she explained the amendment. In giving further consideration to Clause 18 safeguards, we are investigating the possibility that a loophole exists. The provisions in Clause 18 are designed to ensure that organisations cannot insist on production of an identity card as exclusive means of proving identity prior to compulsion unless, as we have already discussed, this has been required by an affirmative order under the required identity checks provisions for public services in Clauses 15 to 17 or in accordance with another enactment. However, the clause does not deal expressly with the possibility of an organisation requiring a person to obtain a copy of their record held on the national identity register by exercising their subject access rights under the Data Protection Act or by making use of the proposed online facility to check one’s own records. We should properly look at and tighten up all those things. However, if we do what I have indicated for Clause 18, I do not think that the noble Lord’s concern about Clause 15will be a problem, particularly bearing in mind the assurance I have given. Should we conclude that there is a need to tighten matters, we will return with a government amendment to Clause 18 at Third Reading. My officials will be in touch with the Information Commissioner’s Office to alert it to the precise details of the amendment before it is tabled. I hope that by looking at Clause 18 we will be able to close any gaps that remain and that the noble Lord would be content with what we now have in Clause 15, limited as it is by the tightening that we hope to be able to do on Clause 18. I think that that meets the needs both of the noble Baroness and of the noble Lord as well.