Privacy International
THE UK NATIONAL IDENTITY CARD
GUIDE TO RESPONDING TO THE GOVERNMENT'S CONSULTATION PAPER
The government will accept responses to its Entitlement Card consultation paper until 31 January 2003. This guide is intended to help you create the most influential response to the issues raised in the paper.
Over the past two years the government has placed great emphasis on the public consultation process, arguing that improved guidelines for developing consultation will improve democratic process and the development of responsible and responsive public policy. The January 2001 "Code of practice on written consultation" identifies key challenges and targets for consultations, and concentrates on the development of sound communication with the widest possible spectrum of the community. The main purpose of a consultation, the code states, is to "improve decision-making, by ensuring that decisions are soundly based on evidence, that they take account of the views and experience of those affected by them, that innovative and creative options are considered and that new arrangements are workable."
However, the evaluation and implementation processes are entirely separate mechanisms, and are not subject to such guidance. The Code states that a key objective of consultation is to ensure "everyone concerned feels they have had their say". This is a key political objective, but does not ensure that the submissions to a consultation translate into ideal or fair policy. The Cabinet Office "Policy Maker's Checklist" provides some insight into the second stage policy mechanisms, but stops short of providing political guidance on decision-making on final policy.
Before discussing some specific themes, it is worth keeping in mind that traditional consumer issues are important considerations for government, and an ID card is likely to involve a Consumer Impact Assessment
There are seven conditions that generally apply to such consultation exercises:
1. National consultations are frequently undertaken at a public level when government believes a proposed policy is potentially complex, controversial or divisive (i.e. a political risk). The consultation exercise serves five key functions: 1) to provide a means of ensuring that the public has a direct (though perhaps a theoretical) input to policy development; 2) to supplement the government's opinion polling on a particular subject; 3) to gauge the reactions of key campaign groups, community organisations and special interest groups; 4) to open up possibilities for improvement of policy through innovative ideas, and 5) to determine whether the proposed policy involves "danger spots" undetected by government.
2. Consultation papers are never written or launched in a vacuum. While their style is often broad and "open minded" in nature, they invariably indicate a preferred option (see the PI FAQ below). Before responding to a consultation exercise, it is important to read between the lines. Consultation papers always offer a series of unacceptable or pointless options that surround a "sensible" or "realistic" proposal.
3. Most if not all responses to consultations will be scanned by a civil servant. Those submitted by individuals will (in the vast majority of cases) form part of a statistical group. Their chief value to government lies in establishing a healthy response rate to the consultation. Their content will rarely be noted. Responses from recognised organisations carry a high substantial (political) value, and their content will be scrutinised and recorded. Government will seek to establish common elements to responses, and provide political advice accordingly. Having said that, it is also important to keep in mind that the Code states "Decisions in the light of consultation should be made public promptly with a summary of views expressed (subject to respondents' requests for confidentiality), and clear reasons for rejecting options that were not adopted."
4. Much of the effort that goes into assessing responses to a consultation exercises is quantitative rather than qualitative. Governments will always calculate the number of responses "for and against" a proposal. Even if these figures are not published, they can usually be obtained under the Freedom of Information code or through a parliamentary question. This becomes an important tool in a public debate. Under those circumstances, every response counts. If you believe the chief value of your response is statistical rather than substantial, ensure that your submission is copied and sent by as many colleagues and friends as possible, or that your submission contains multiple signatories, and that it mentions at least one of the "raw nerves" identified below. If you are opposed to any proposed government initiative, never begin your correspondence with the words "I welcome the government's consultation". It will count in the statistics as a supportive submission.
5. ID card proposals under the Major administration as well as those in other countries have identified a number of common political "hot spots". These have been evident in the debates over the past five months. In summary, they are: 1) Exclusion. The ID card will disadvantage the most marginal and powerless people in society, creating a form of "statelessness"; 2) Discrimination. ID cards will be used as a tool for prejudice and hatred; 3) Privacy. ID cards will facilitation more collection and processing of data, and will destroy personal privacy. 4) Sovereignty. ID cards are being forced on the UK by overseas countries (see David Blunkett's comments in the FAQ). 5) National Identity. ID cards are alien to our culture, and will change the nature of our society. 6) Internal Passport. The ID card will become an indispensable document, demanded indiscriminately by anyone holding any position of authority. 7) Inconvenience. The loss, failure or theft of a card demanded for so many important functions of life will suspend the rights and functioning of an individual. Government IT systems are notoriously unstable (see FAQ below). 8) Future Big Brother. Government genuinely believes that it would never "abuse" such a system, but it is sensitive to concerns that the card system could be put to unintended hostile uses by a future administration. For statistical purposes in the analysis of responses, it is only necessary to mention these headline issues in your response. You are not required to conduct in-depth analysis.
6. This government is particularly sensitive to the issues of statelessness and exclusion. Solid examples of such violations will carry a high value in the final political assessment. There are countless scenarios in which an ID card can disadvantage children, the homeless, the poor, the unemployed, the elderly, those living in remote areas, handicapped people, the incapacitated and those with severe psychiatric conditions. Discuss these in detail in your submission.
7. Always send a copy of your submission to your local MP. It is likely that another copy will be sent to him from the Home Office. Letters have a significant bearing on the priorities of Members, and this process will put your issue on your MP's radar screen. Make sure to summarise your key points at the commencement of the letter or submission. You can find out your MP and send a free fax using Fax Your MP.
Comments on the consultation paper and enquiries should be forwarded to:
Online Service
Prepare and send a response to the Home Office through STAND's online service.
Telephone Message
Privacy International has set up two national rate numbers
in favour of ID Card: 0845 330 7245
against the ID Card: 0845 330 7246
Each message left on these lines will be converted to an audio file, and then emailed to the Home Office. The government has confirmed that these will be regarded as legitimate consultation responses.
Physical Address
Entitlement Cards Unit
Home Office
50 Queen Anne's Gate
London, SW1H 9AT
entitlementcardsunit@homeoffice.gsi.gov.uk
8. It can be extremely useful to circulate your submission to non-government organisations involved in the campaign or consultation process. You should let the organisation know whether you are happy to have your submission published, and whether you wish to be identified as the author. Privacy International will publish a selection of these submissions during the course of the consultation period. They should be sent to uk-idcard@privacy.org or mailed to PI at Privacy International, 2nd floor, Lancaster House, 33 Islington High Street, London N1 9LH