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Identity Cards Bill

moved Amendment No. 5:"Page 12, line 34, at insert—" ““(   )   The power of the Secretary of State by order to modify subsections (2) and (3) does not include— (a)   power to omit subsection (2); or (b)   power to add information falling within paragraph 9 of Schedule 1 to either of those subsections.”” The noble Lord said: My Lords, I caution the noble Baroness not to read too much into elliptical comments in letters, but that is for another day. Amendment No. 5 has been tabled in response to comments made by the Delegated Powers and Regulatory Reform Committee with regard to Clause 14, now Clause 12 after amendments to the Bill. Clause 12 provides for the provision of information from the register without consent. The information that may be provided is limited to that set out in subsections (2) and (3). There is a delegated power in subsection (4)(a) to modify subsections (2) and (3). The committee commented that the power in Clause 12(4)(a) could be used to remove subsections (2) and (3) altogether, thus undermining the safeguard of having only a limited subset of information available under Clause 12. Paragraph (a) in government Amendment No. 5 responds to that concern by ruling out the possibility of subsection (2) being removed altogether. There is no need to expressly prohibit the removal of subsection (3), as that is automatically consequential on the prohibition on the removal of subsection (2). Paragraph (b) in the amendment introduces a further safeguard by ruling out the possibility of paragraph 9 information—that is, audit log information—being added to subsection (2). It has never been the Government’s intention either to remove subsection (2) or to add the audit log information to that which can be provided under Clause 12. The amendment therefore places limitations on the scope of the delegated powers in Clause 12(4)(a), which are entirely consistent with our policy and, for that reason, appropriate amendments to make. I remind noble Lords that the power in Clause 12(4)(a) is subject to the affirmative resolution procedure, so any additions to subsections (2) or (3) would have to be approved by this House and another place. I beg to move.