Report - Guardian

The LSE Identity Project Report: June 2005 75The costs of the regime are complicated. Many people are forced to buy an ID card,particularly if they do not have a passport or a driver's licence. This applies particularlyto younger and older people. Anyone losing their ID card must pay a fine of EUR30. Inaddition, in order to ensure possession of a card at all times, it is necessary to payEUR30 for next-day-service. As the card itself costs EUR30, losing a card can costEUR90.According to reports, the proposal is widely seen as a symbolic gesture to satisfy publicconcerns over crime and security. The Council of State, the highest legal advisory bodyin the Netherlands, strongly criticised the proposed law for the lack of any substantiveevidence that it would help in the battle against terrorism.According to the Dutch Public Prosecution Service, the ID checks mainly take place inspecific circumstances:“ID control mostly occurs in situations of disorder or possibleviolence, for example at night in entertainment districts. Also insituations with an elevated risk of disorder, such as soccer matches,the police may verify the identity.”The Public Prosecution Service has indicated clearly that it wants to make an exampleof those who do not carry ID:“The main rule is there will be few escapes available for people whocan’t immediately present their ID. There is no right to an easy-goingtreatment, because it will in the end undermine the value of mandatoryID for law enforcement.” 180Under the law, the police can demand an ID under any circumstance where the policethink it is reasonably necessary. Frequently, it is demanded for minor offences such asusing a bicycle without a light. The Public Prosecutor's guidance on the matter 181outlines a few examples of a reasonable exercise of duty when ‘maintaining the publicorder’, including- a car driving at night through an industrial park- following a shooting on the street or in a bar when it is relevant for theinvestigation to determine the ID of possible witnesses- if there is an unknown, new member in a group of known drug dealers- where youths are causing nuisance in public space- in the event of a fire, where it is suspected that a person amongst a crowd mayhave started the fire- at events such as football and demonstrations in case of riots or the threat of riots- in response to public unrest or disturbance, or threat of violence in popular nighttime districts, or at public events where there is a risk of disturbance of thepublic order.180 ‘3300 keer geen identificatie op zak’, Openbaar Ministerie, February 2, 2005, available athttp://www.om.nl/info/nieuws.php?p=pg&id=4358181 ‘Aanwijzing uitbreiding identificatieplicht’, December 7, 2004, available athttp://www.om.nl/beleid/beleidsregel.php?vv=0&cid=1&rid=254