Select Committee on Delegated Powers and Deregulation Twenty-Second Report


ANNEX

IMMIGRATION AND ASYLUM BILL
Memorandum by the Home Office

PART VII: POWER TO ARREST AND SEARCH

CLAUSE 135: POWER TO MAKE PROVISION EQUIVALENT TO CLAUSES 132, 133 AND 134 IN RELATION TO METHODS OF COLLECTING IDENTIFICATION DATA OTHER THAN FINGERPRINTING
Power conferred on: The Secretary of State
Power exercisable by:Statutory instrument
Parliamentary Procedure:Draft affirmative (each House of Parliament)
Other relevant provisions:Clauses 132, 133, 134 and 154 of the Bill

353.  Clause 135 anticipates the development of new methods of uniquely identifying individuals other than by fingerprinting, for example, a sophisticated photograph or a system based on the recognition of the iris of the eye. Clause 135 gives the Secretary of State power to make provision in regulations in relation to such new methods equivalent to the provisions of the Bill in relation to fingerprinting.

354.  It is appropriate that this power is to be exercised by delegated legislation because it is not known when the new identification methods might become a realistic alternative to fingerprinting nor exactly what type of method or methods might be adopted. It is submitted that the affirmative resolution procedure is appropriate for these regulations because of their subject matter: the new methods of identification will almost certainly, like fingerprinting, amount to prima facie infringements of the right to privacy under Article 8 of the European Convention on Human Rights.


 
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