Whose responsibility is the question of identification now?
Christine O’Neill, writing in the Scotsman, analyses to what extent the Scottish Parliament can extricate Scotland from the ID cards scheme:
With ID cards there are a number of legal questions that arise for a Scottish Government that may wish to oppose the introduction of such a scheme. The first is whether the Scottish Parliament is empowered to legislate in relation to ID cards. Although having such a power could not prevent Westminster from passing a UK-wide scheme, it could enable the Scottish Parliament to modify or even revoke that scheme at some future date.
The answer depends at least in part on whether it can be said the making of law on ID cards is “reserved” to Westminster. Needless to say, the Scotland Act 1998 is silent on the specific issue of an ID card scheme, so a more detailed analysis of that Act is necessary. Would an Act of Parliament about ID cards be an Act relating to the defence of the realm, data protection or the questions of nationality, immigration and the “issue of travel documents”? If so, it is pretty clear Westminster enjoys the exclusive right to legislate. If, however, an ID card scheme is not about immigration control and is instead characterised as being about access to public services – something successive Scottish administrations have rejected – then that would appear to be an area in which Holyrood could have a role.
