---

Identity Cards Bill

moved Amendment No. 72D:"Page 20, line 35, at end insert ““; and" (c)   requiring the persons referred to in paragraph (b) to act reasonably and proportionately in providing information under sections 19 to 22”” The noble Lord said: My Lords, I can move this amendment very quickly. Clause 23, to which it refers, sets out the rules for providing information—that is, information from the national register—without an individual’s consent. Therefore it is a singularly important clause. In subsection (2), the Secretary of State may make regulations to make those requirements of public authorities and of persons authorised by public authorities. My feeling is that the inclusion of the amendment would be extremely helpful at an important part of the Bill and would give clear guidance both to the many officials who have to construe this remarkably complex piece of law hereafter and, even more important, to the citizen who has to resort to it. On many occasions in these debates, many of us have said that this is a citizens’ Bill. It is not one of those technical measures that one knows will be resorted to only by professionals; potentially it will affect tens of millions of our fellow citizens. My amendment would require the persons referred to earlier in the subsection—that is, the public authorities—"““to act reasonably and proportionately in providing information under sections 19 to 22””." I am well aware that under the Human Rights Act there is an implied obligation in all circumstances, one can broadly say, for authorities—that is, public bodies—to act reasonably and proportionately. Therefore, it is legitimate for the Government to say in response to the amendment, ““This is superfluous. Just trot along to the Human Rights Act and look at the relevant subsections and Bob’s your uncle””. Well, Bob is not my uncle because I do not know anything about the Human Rights Act. I do not want to be cast in that direction, but I do want to have at a hugely important point in the Bill a simple, clear statement that anyone who is asked to provide information under this clause—it can be highly sensitive information—will have to act reasonably and proportionately. The other point that I draw to the attention of the House is that I have sought to avoid this obligation falling on the shoulders of the Secretary of State by the way in which I have worded the amendment. It would simply give the Secretary of State the power to make provisions requiring the persons who are to provide information to act in this way. So it cannot be argued that the state bureaucracy is unduly trammelled because at every turn it will have to make an individual judgment on every single individual provision of information. That will fall to the authority providing information to determine, as provided for by the amendment. I hope that the Government will—as they do on occasions, it must be said—provide words which are implied by the Humans Rights Act or, indeed, that they will put in provisions that are not strictly necessary at all. Perhaps I may refer the noble Baroness, who is already looking sceptically in my direction, to Clause 16(6). It is a completely superfluous and unnecessary subsection but, as it is to give an impression which the Government assiduously try to implant in the public mind, it is included, although it is completely superfluous in literal, necessary terms. I hope very much that the Government will—as, to be fair, they have done on one or two occasions—make an amendment to the Bill that has regard to the fact that it is Joe Bloggs who is affected by these provisions. We do not want to drive every person to a lawyer in order that they may understand where they stand, and the same goes for civil servants at all levels. I beg to move.