Identity Cards Bill
THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 7th November 2005, as follows—
Clauses 1 to 3
Schedule 1 | Clauses 4 to 45
Schedule 2 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD PEYTON OF YEOVIL |
| 38A | Page 2, line 21, leave out from "(c. 29))" to end of line |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE
THE LORD CRICKHOWELL |
| 39 | Page 2, line 24, after "been" insert "legally" |
| 40 | Page 2, line 25, leave out paragraph (c) |
| 41 | Page 2, line 26, leave out paragraph (d) |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE
THE LORD CRICKHOWELL |
| 42 | Page 2, line 26, leave out from "birth" to third "and" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 43 | Page 2, line 28, at end insert ", other than DNA information" |
| 44 | Page 2, line 28, at end insert ", the inclusion of which in an individual's entry is authorised by Schedule 1" |
| 45 | Page 2, line 28, at end insert— |
| "( ) | Nothing in this Act shall impose any duty on any person who is the next of kin or the representative or the executor of a deceased person to enter the death of the deceased person on the Register, nor, by virtue of his entry in the Register by another person, any duty to provide any registrable fact about the deceased person. |
| ( ) | It shall not be lawful to refuse or delay a grant of probate to the representatives of a deceased person on the grounds that an entry in the register is lacking any registrable fact about him. |
| ( ) | No civil penalty relating to the establishment or maintenance of the Register may be exacted on any such person or any charge made upon the estate of a deceased person." |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE
THE LORD CRICKHOWELL |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill. |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 46 | Page 2, line 35, leave out "individual" and insert "United Kingdom citizen" |
| 47 | Page 2, line 37, at end insert— |
| "( ) | In fulfilment of the statutory purpose set out in section 1(4)(a) of this Act, an entry in the Register must be made for every individual who— |
| (a) | is a citizen of a foreign country in which there is evidence of the existence of a proscribed terrorist organisation or other terrorist activity or support for terrorist activity or for a proscribed terrorist organisation which the Secretary of State has determined may be a threat to the United Kingdom or to citizens of the United Kingdom; and |
| (b) | arrives at any port of entry into the United Kingdom; or |
| (c) | seeks leave to remain in the United Kingdom, having no entitlement to stay; or |
| (d) | about whom information capable of being recorded in an entry for him is otherwise available to be recorded." |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MORRIS OF BOLTON
THE BARONESS WALMSLEY |
| 48 | Page 2, line 39, leave out "16" and insert "18" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 49 | Page 2, line 39, after "16" insert "but is below the age of 70" |
| | THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY
THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 50 | Page 3, line 1, leave out "Regulations made by the Secretary of State may" and insert "The Secretary of State may by order" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 51 | Page 3, line 5, leave out "the prescribed period" and insert "a period of 31 days" |
| | THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY |
| 52 | Page 3, line 10, at end insert "; or |
| "(d) | he is a citizen of a European Union member state possessing an identity card issued to him by the relevant state." |
| | THE EARL OF NORTHESK
THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY
THE BARONESS SECCOMBE |
| 53 | Page 3, line 11, leave out subsection (4) |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 54 | Page 3, line 14, after "recorded" insert "and, if he is a citizen of the United Kingdom, the person concerned has given permission in writing for that information to be entered in the Register" |
| 55 | Page 3, line 16, at end insert— |
| "( ) | Details of any entry made in the Register must be provided to the person in respect of whom the entry is made." |
| 56 | Page 3, line 16, at end insert— |
| "( ) | Details of who has provided information enabling the registrable fact or facts about a United Kingdom citizen to be entered in the Register, and the reason why that person has provided the information, must be given in writing at the time of entry to the person in respect of whom the entry is made, unless there are grounds of national security to withhold any such information." |
| 58 | Page 3, line 18, leave out "National" |
| | THE LORD DHOLAKIA
THE BARONESS WALMSLEY |
| 60 | Page 3, line 21, leave out subsection (6) |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 61 | Page 3, line 21, leave out "modify" and insert "raise" |
| 62 | Page 3, line 22, at end insert ", but he may not lower the age if a national register of children has been begun or established under section 12 of the Children Act 2004 (c. 31) (information databases)." |
| 63 | Page 3, line 22, at end insert— |
| "( ) | The Secretary of State may not transfer to or enter into the Register any registrable fact about a child under 16 which has been requested, required or provided for the purpose of any register of children established, or being established, under the Children Act 2004 (c. 31) without the written permission of the parent or guardian of the child concerned." |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS MORRIS OF BOLTON |
| 64 | Page 3, line 23, leave out subsection (7) |
| | THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY
THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 65 | Page 3, line 24, leave out "subsection (6)" and insert "this section" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE
THE LORD CRICKHOWELL |
| 66 | Page 3 line 26, at end insert— |
| "( ) | No draft order containing a provision that the Secretary of State is authorised to make by this section is to be laid before Parliament unless— |
| (a) | the Secretary of State has prepared and pubished a report containing a proposal for the making of such provision; |
| (b) | the report sets out the Secretary of State's reasons for making the proposal; |
| (c) | the report has been laid before Parliament and each House has approved the proposal contained in the report, either with or without modifications; and |
| (d) | the draft order gives effect to the proposal so far as approved by both Houses." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill. |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 67 | Page 3, line 33, leave out paragraph (c) |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE
THE LORD CRICKHOWELL |
| 68 | Page 3, line 44, leave out "both practicable and appropriate" and insert "reasonable" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 69 | Page 4, line 8, at end insert— |
| "( ) | Where a new identity is entered in the Register by agreement between the Secretary of State and an individual and they both know the identity is not a true identity, the Secretary of State shall keep a record of the true identity and this information will be entered in the Register after 100 years from the date of the first entry of the agreed new identity." |
| | THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY |
| 70 | Page 4, line 8, at end insert— |
| "( ) | In cases where subsection (3) does not apply, the Secretary of State shall be liable for inaccurate information recorded about an individual and all consequences of any such inaccuracy to— |
| (b) | any person to whom the information is supplied; |
| (c) | any person to whom false information is verified by the Register; and |
| (d) | any person to whom true information is shown to be false in verification by the Register, |
| | and, where there is such inaccuracy, each such person may bring an action for damages against the Secretary of State." |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE
THE LORD CRICKHOWELL |
| 71 | Page 4, line 9, leave out from "Information" to "the" in line 10 and insert "which is not personal data, once entered in the Register, may continue to be recorded in the Register for so long as it is necessary for" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 72 | Page 4, line 11, at end insert— |
| "( ) | Any information which is contained in the Register about an individual shall be released to the public for the furtherance of historical research, but not less than 100 years after the date of the first entry of a registrable fact relating to the individual concerned." |
| | THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY
THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 73 | Page 4, line 12, leave out subsections (5) to (7) |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE
THE LORD CRICKHOWELL |
| 74 | Page 4, line 16, leave out "consistent with" and insert "necessary for" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE
THE LORD CRICKHOWELL
THE LORD PHILLIPS OF SUDBURY |
| 78 | Page 4, line 21, at end insert— |
| "(8) | Particulars relating to disclosure of information about an individual from the Register which falls within paragraph 9 of Schedule 1 must be retained in that individual's entry in the Register if that disclosure did not have the consent of that individual. |
| (9) | In the case of particulars which are contained in personal data as a result of the requirement specified in subsection (8), the Information Commissioner shall, following consultation with relevant persons including the Commissioner established under this Act, publish criteria which specify the circumstances when such particulars can be removed from the Register." |
| | THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY
THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 80 | Page 4, line 21, at end insert— |
| "(8) | Every individual entered on the Register may at any time require to be provided within seven days with a full copy of all past and present entries made in the register in respect of him, including details of authorisations given under the provisions of section 22. |
| (9) | No fee shall be charged for provision of copy entries under subsection (8) unless copy entries have been supplied to the individual within the last year. |
| (10) | The Secretary of State may make regulations concerning the provision of copy entries." |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill. |
| 81 | Page 40, line 7, leave out paragraph (b) |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 82 | Page 40, line 7, after "is" insert "legally" |
| 83 | Page 40, line 7, leave out "or has been" |
| 84 | Page 40, line 7, after "been" insert "legally" |
| 84A | Page 40, line 11, leave out "in the United Kingdom" |
| 84B | Page 40, line 13, leave out "in the United Kingdom" |
| 86 | Page 40, line 17, after "a" insert "full-face" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 87 | Page 40, line 17, leave out "head" and insert "face" |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE
THE EARL OF NORTHESK |
| 88 | Page 40, line 18, leave out paragraph (b) |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 89 | Page 40, line 18, at end insert "as entered on his application for entry on the National Identity Register" |
| 90 | Page 40, line 19, leave out paragraph (c) |
| | THE BARONESS ANELAY OF ST JOHNS
THE BARONESS SECCOMBE |
| 90A | Page 40, line 19, after "his" insert "index" |
| 91 | Page 40, line 30, leave out "National" |
| 92 | Page 40, line 30, at end insert "and his ID card number, which shall be the same" |
| 93 | Page 40, line 31, leave out paragraph (b) |
| 94 | Page 41, line 6, leave out paragraph (g) |
| 94A | Page 41, line 15, leave out paragraph (k) |
| 95 | Page 41, line 16, leave out paragraph (l) |
| 95A | Page 41, line 33, leave out sub-paragraph (3) |
| 95B | Page 42, line 5, leave out paragraph (d) |
| 96 | Page 42, line 9, leave out paragraph (g) |
| | The above-named Lords give notice of their intention to oppose the Question that Schedule 1 be the First Schedule to the Bill. |
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