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Identity Cards Bill

My Lords, I think that the noble Lord, Lord Phillips of Sudbury, pre-shadowed my response to why this is unnecessary. I have to tell the noble Lord that Bob is my grandfather, my uncle, my brother and my nephew, so as far as that is concerned, we think that the Human Rights Act is enough here. I also need to say to the noble Lord, with reference to Clause 16, that it is not superfluous or meaningless: it imposes a duty to consult where regulations are made under that clause and there is an existing statutory duty under other relevant powers. It has some real function and is therefore significantly different from the measure suggested by the noble Lord. I understand what the noble Lady, Baroness Anelay of St Johns, says about agreeing in essence; we too think it absolutely essential that there should be proper and good governance in this matter. The proposition that the powers under Clauses 19 to 22 must be exercised ““reasonably and proportionately”” derives from the Secretary of State’s public law duties and the provisions of the Human Rights Act. As ever, we are most reluctant to reiterate obligations that already apply. The clear implication of doing so would be that without such wording it would be lawful for a power to be exercised unreasonably or disproportionately. I am sure that that is not what the noble Lord intends. Aside from that, we unfortunately consider the noble Lord’s amendment to be flawed, in that it seeks to place the duty to act reasonably and proportionately directly upon civil servants. As noble Lords are aware, under the aspect of our constitution often referred to as the Carltona principle, the Secretary of State remains accountable for the actions of his officials. Those actions are, constitutionally speaking, his actions, albeit carried out by his civil servants. If information were provided under Clauses 19 to 22 in an unreasonable or disproportionate way, it would be the Secretary of State who would answer for it. Nevertheless, I recognise the sentiment behind the noble Lord’s amendment; we are acutely aware that those individuals whose job it will be to provide information under Clauses 19 to 22 will have to be well trained in order to ensure that such disclosures are within the terms of legislation—that they are reasonable and proportionate. There will be guidance and procedures to this effect. The power to provide information without consent does not mean that the information must or should be provided whenever it is requested. We will make sure that procedures not only govern the way in which a request for information is made, but ensure that the information is provided only when the request is reasonable and proportionate. I would, therefore, ask the noble Lord to withdraw his amendment. I very much take on board what the noble Lady says about making procedures clear, simple and available to members of the public. Indeed, we have sought to do that with administrative law generally, making it easier for people to challenge and, by the way in which they challenge, enabling us to be sure that they are taking full opportunity to do so.