10.07.2015 Views

Report - Guardian

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298 The LSE Identity Project <strong>Report</strong>: June 200571. It is unlikely that if full Parliamentaryprocedures were followed the Government would,as it fears, be accused of "proceeding by stealth".The move to compulsion is a step of suchimportance that it should only be taken after thescrutiny afforded by primary legislation: theproposed "super-affirmative procedure" is notadequate. We would, however, support the inclusionin the Bill of powers to enable the Government bothto set a target date for the introduction ofcompulsion and, if necessary, to require agenciesand other bodies to prepare for that date.72. The Government should consider statutoryprovisions to ensure the integrity of the registrationand enrolment system, as well as specific penaltiesfor breaches of these provisions. (Paragraph 250)73. It is reasonable to require individuals to reportrelevant changes in their circumstances, providedthat the range of information they are required toupdate is not excessive and that they are able tocheck that the information held on them is accurate.We do not believe that there should be charges forupdating information on the Register, since thiswould be likely to affect adversely the accuracy ofthe information held. (Paragraph 253)74. We find it anomalous that failure to update adriving licence should be a criminal offence,especially when failure to update the NationalIdentity Register will not, and we note that theHome Office does not know how manyprosecutions there have been for failing to update adriving licence. This offence should be reviewed inthe light of the proposed legislation on identitycards. (Paragraph 254)75. Clause 11(1) could have significantimplications for past and current employers,neighbours, landlords, family members and pastspouses, all of whom might be required to assist inthe identification of an individual. The Governmentshould clarify the scope and limits of this clause onthe face of the Bill. (Paragraph 255)76. The practical application of Clauses 11 and 12to socially excluded groups must be clarified assoon as possible. This should be done in such a wayas to ensure that such groups are no furtherdisadvantaged by the operation of the scheme. TheBill should contain legal duties on the HomeSecretary to take into account special needs, such ashealth, in applying these clauses; and to establish aclear legal status in the primary legislation for thoseof no fixed abode.77. We agree with the CRE that the Bill should beaccompanied by a full Race Impact Assessment andthat there should be a further Assessment at the timeof the move to compulsion. (Paragraph 257)78. A reasonableness defence to the offences thatmight follow from Clause 13(1) should be includedon the face of the Bill, rather than left to regulations.(Paragraph 258)Supported by research.Supported by research.Conditionally supported. This matter alsoinvolves the question of necessity. Furtherconsultation is required to assess whether, forexample, only resident and immigration statuschanges are required to be notified.Supported by research.Supported by research.Supported by research.Supported by research.Supported by research.

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