INDENITY CARDS - WHERE ARE WE NOW?
Liz | 06.09.2005 19:02 | Analysis | Repression | Technology
The following is a resume of the current position on the ID cards legislation and a brief critique of the Governments position.
Chronology
In July 2002, the Home Office published a consultation paper on the introduction of Entitlement Cards to reduce identity theft and fraud.
http://www.homeoffice.gov.uk/docs2/governments_resp_031111.pdf
A draft Bill was published 26 April 2004 and the consultation ended on 20 July 2004. The draft Bill was subject to pre-legislative scrutiny by the Home Affairs Select Committee. A Bill was published on 29 November 2004. http://www.publications.parliament.uk/pa/cm200506/cmbills/009/en/06009x--.htm
The Bill was subject to scrutiny by the Joint Committee on Human Rights which raised concerns about the compatibility of the Bill with the right to respect for private life under Article 8 of the European Convention on Human Rights (ECHR), and the right to non-discrimination in the protection of the Convention rights under Article 14 ECHR. http://www.publications.parliament.uk/pa/jt200405/jtselect/jtrights/35/3502.htm The Home Office is ignoring these concerns.
The original Bill fell in the last session of parliament, but the Government reintroduced the Bill which received a second reading on 28th June 2005.
http://www.publications.parliament.uk/pa/cm200506/cmhansrd/cm050628/debtext/50628-06.htm
Its reintroduction has resulted in very few changes to the original Bill despite various recommendations and concerns raised by the Joint Committee on Human Rights, the Constitutional Affairs Committee and the Home Affairs Select Committee. The Bill has been marginally strengthened in its order-making provisions, there has been a slight expansion in the scope of the over-sight body and some disclosure from the National Register has been limited. However, of the 62 recommendations made by the Home Affairs Committee about the first Bill, only 2 have been fully and 3 partially adopted in the bill for the second reading.
http://www.publications.parliament.uk/pa/cm200304/cmselect/cmhaff/130/13002.htm
The proposals in the Bill are in two stages.
The first stage involves providing for biometrics on passports and driving licences, on voluntary cards, and on cards for foreign nationals. In phase two it will be compulsory for all citizens to register, but not to carry a card at all times. The Home Office publication “Next Steps” http://www.homeoffice.gov.uk/docs2/identity_cards_nextsteps_031111.pdf states that there will be a vote in both Houses before any move to make cards compulsory.
What the Bill does
Sets out the legal framework for identity cards to be introduced throughout the UK and builds a base for a compulsory scheme.
Establishes a National Identity Register – a database of information for all UK residents issued with a card, and data-sharing powers to conduct background checks on applicants.
Sets out the circumstances in which specified law enforcement agencies (in cases of serious crime or national security) and other Government departments could have access to individuals’ data with and without an individual’s consent
Issues a single, universal Identity card for all UK nationals, to be issued alongside passports with costs estimated at £87 (figure quoted at time of queens speech in 2005).
Sets out what information would be required on the cards and safeguards to ensure this is only available to those who need it.
Establishes a new executive agency incorporating the UK Passport Service and working closely with the Home Office's Immigration and Nationality Directorate.
Allows public authorities and private organisations to use the card and the Register with the person’s consent to validate identity before providing services.
Creates new criminal offences around misuse of the card and other identity fraud issues.
Includes enabling powers so that future access to specified public services could be linked to the production of a valid identity card.
Creates an on-line verification process.
Provides a power to set a date when the scheme would become compulsory, including measures against failure to register.
Establishes a Home Office executive agency to issue ID cards.
Enables public and private sector organisations to verify a person's identity by checking against the National Identity Register, to validate their identity.
Brief Critique
The Government's ID card scheme, essentially, would force taxpayers to fund the creation of a surveillance state.
The Government has not made out the case for the adoption of an identity card scheme.
The Bill will provide Government with unnecessary and undesirably wide powers to record, retain and disseminate personal data. In addition adopting the scheme would increase the administrative burden on those delivering public services and put a heavy financial burden on the public purse.
Adopting an identity card scheme is not a proportionate response to the challenges that the Government is trying to address. Many of the proposed benefits the Government claims for its proposals can be achieved without a costly and complex identity card scheme.
History shows that all types of cards are forgeable. From National Insurance Numbers to passports, each scheme has been linked with forgery and a profitable black market, has been riddled with technological problems, and has cost taxpayers a great deal of money. Biometrics will create additional hurdles for forgers, but will not make forgery impossible.
Links for relevent documents http://www.homeoffice.gov.uk/comrace/identitycards/publications.html
In July 2002, the Home Office published a consultation paper on the introduction of Entitlement Cards to reduce identity theft and fraud.
http://www.homeoffice.gov.uk/docs2/governments_resp_031111.pdf A draft Bill was published 26 April 2004 and the consultation ended on 20 July 2004. The draft Bill was subject to pre-legislative scrutiny by the Home Affairs Select Committee. A Bill was published on 29 November 2004.
http://www.publications.parliament.uk/pa/cm200506/cmbills/009/en/06009x--.htm The Bill was subject to scrutiny by the Joint Committee on Human Rights which raised concerns about the compatibility of the Bill with the right to respect for private life under Article 8 of the European Convention on Human Rights (ECHR), and the right to non-discrimination in the protection of the Convention rights under Article 14 ECHR.
http://www.publications.parliament.uk/pa/jt200405/jtselect/jtrights/35/3502.htm The Home Office is ignoring these concerns. The original Bill fell in the last session of parliament, but the Government reintroduced the Bill which received a second reading on 28th June 2005.
http://www.publications.parliament.uk/pa/cm200506/cmhansrd/cm050628/debtext/50628-06.htm Its reintroduction has resulted in very few changes to the original Bill despite various recommendations and concerns raised by the Joint Committee on Human Rights, the Constitutional Affairs Committee and the Home Affairs Select Committee. The Bill has been marginally strengthened in its order-making provisions, there has been a slight expansion in the scope of the over-sight body and some disclosure from the National Register has been limited. However, of the 62 recommendations made by the Home Affairs Committee about the first Bill, only 2 have been fully and 3 partially adopted in the bill for the second reading.
http://www.publications.parliament.uk/pa/cm200304/cmselect/cmhaff/130/13002.htm The proposals in the Bill are in two stages.
The first stage involves providing for biometrics on passports and driving licences, on voluntary cards, and on cards for foreign nationals. In phase two it will be compulsory for all citizens to register, but not to carry a card at all times. The Home Office publication “Next Steps”
http://www.homeoffice.gov.uk/docs2/identity_cards_nextsteps_031111.pdf states that there will be a vote in both Houses before any move to make cards compulsory. What the Bill does
Sets out the legal framework for identity cards to be introduced throughout the UK and builds a base for a compulsory scheme.
Establishes a National Identity Register – a database of information for all UK residents issued with a card, and data-sharing powers to conduct background checks on applicants.
Sets out the circumstances in which specified law enforcement agencies (in cases of serious crime or national security) and other Government departments could have access to individuals’ data with and without an individual’s consent
Issues a single, universal Identity card for all UK nationals, to be issued alongside passports with costs estimated at £87 (figure quoted at time of queens speech in 2005).
Sets out what information would be required on the cards and safeguards to ensure this is only available to those who need it.
Establishes a new executive agency incorporating the UK Passport Service and working closely with the Home Office's Immigration and Nationality Directorate.
Allows public authorities and private organisations to use the card and the Register with the person’s consent to validate identity before providing services.
Creates new criminal offences around misuse of the card and other identity fraud issues.
Includes enabling powers so that future access to specified public services could be linked to the production of a valid identity card.
Creates an on-line verification process.
Provides a power to set a date when the scheme would become compulsory, including measures against failure to register.
Establishes a Home Office executive agency to issue ID cards.
Enables public and private sector organisations to verify a person's identity by checking against the National Identity Register, to validate their identity.
Brief Critique
The Government's ID card scheme, essentially, would force taxpayers to fund the creation of a surveillance state.
The Government has not made out the case for the adoption of an identity card scheme.
The Bill will provide Government with unnecessary and undesirably wide powers to record, retain and disseminate personal data. In addition adopting the scheme would increase the administrative burden on those delivering public services and put a heavy financial burden on the public purse.
Adopting an identity card scheme is not a proportionate response to the challenges that the Government is trying to address. Many of the proposed benefits the Government claims for its proposals can be achieved without a costly and complex identity card scheme.
History shows that all types of cards are forgeable. From National Insurance Numbers to passports, each scheme has been linked with forgery and a profitable black market, has been riddled with technological problems, and has cost taxpayers a great deal of money. Biometrics will create additional hurdles for forgers, but will not make forgery impossible.
Links for relevent documents
http://www.homeoffice.gov.uk/comrace/identitycards/publications.html
Liz
