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Identity Cards Bill

My Lords, the noble Lord, Lord Phillips of Sudbury, and other noble Lords have very adequately set out what they seek to achieve. Noble Lords will be aware that there are a variety of different statutory commissioners, some appointed by Her Majesty, some by the Prime Minister and some by the Secretary of State. Among the commissioners appointed by Her Majesty, there are those, including Her Majesty’s Inspectors of Constabulary and Her Majesty’s Inspector of Prisons, who nevertheless report to the Secretary of State. There is then the example of the Information Commissioner, who is appointed by Her Majesty by Letters Patent, who is a corporation sole, and who reports directly to Parliament. We take the view that it is appropriate for the National Identity Scheme Commissioner to be appointed by the Secretary of State. I accept the point that the commissioner might be seen as more independent if he were a Crown appointment, but I am not aware that, for instance, the Immigration Services Commissioner is regarded as biased because he is appointed by the Secretary of State, nor that the Intelligence Services Commissioner is compromised for being appointed by the Prime Minister. To a degree—I hope that the noble Lord, Lord Phillips of Sudbury, will accept this point—this is a presentational issue more than anything else. There are no differences in terms of powers and there is little that can be achieved by the amendment, as the noble Lord himself put it. All it would achieve is the perception of a little more distance. The noble Lord is not, I think, advocating complete independence, such as the Information Commissioner has. The Information Commissioner has the power to serve enforcement and information notices on data controllers, Secretary of State data controllers included. He also has the power to bring prosecutions. Total independence is therefore entirely appropriate in such a case. The National Identity Scheme Commissioner, by contrast, has a rather different role—that of reviewing and reporting—so that both the Secretary of State and Parliament benefit from his overseeing the scheme. I am unconvinced that a case has been made for the National Identity Scheme Commissioner to be appointed by the Crown on the recommendation of the Secretary of State, as opposed to being simply appointed by the Secretary of State. I can reassure the noble Lords that the appointment of the National Identity Scheme Commissioner will follow the Office of the Commissioner for Public Appointments rules and, importantly, its code of practice, as well as Home Office guidance on public appointments by Ministers. I understand the desire for robust independence. We think that the legislation, as it is set out, achieves exactly that, so I hope that the noble Lord will feel able to withdraw his amendment.