Right Steps & Poui Trees


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New NIDS Bill Tabled in Parliament

Yesterday afternoon (December 15, 2020) the new National Identification System and Registration (NIDS) Bill was tabled in Parliament.

The Bill was read the first and second times and a Select Committee of the House was named; a Select Committee of the Senate is to be named and the two committees will sit jointly to review the new Bill. The MPs named yesterday were:

Delroy Chuck (Chairman), Fayval Williams, Marlene Malahoo Forte, Marsha Smith, Robert Morgan, Dwight Sibblies, Julian Robinson, Hugh Graham and Lothan Cousins.

In his statement about the new Bill to the House, PM Holness didn’t outline a timetable for its passage as he had done in September, but MP Chuck did mention it in his brief comments:

“It is a very important Bill and we certainly would like to use the next two months profitably and hopefully we can debate and have the Bill passed during this fiscal year.”

It is during this short period that the public will have the opportunity to read and analyse the Bill and to give feedback.

Below is the prepared text of the Prime Minister’s statement, which can be checked against the PBCJ recording to hear his additional comments and to hear the comments made by Leader of the Opposition, Mark Golding.

The proceedings regarding the new NIDS Bill start at approx 2:44:40 in the PBCJ recording.


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New NIDS Bill to be Tabled in Parliament Shortly…and be Passed by Year End?

At the first session of the new Parliament on September 29, 2020, Prime Minister Holness made a statement about the National Identification System (NIDS) and laid out the timetable in which he hopes to see the new NIDS Bill passed into law. With legislation that will have such far-reaching impact and which has already been the subject of much controversy, it is important that adequate time is allowed for public review of the Bill before it becomes law.  I am concerned that the timetable laid out by the Prime Minister may not allow sufficient time for this much-needed public review.

In his statement in Parliament, PM Holness said that the draft Bill had been completed and was before the Legislative Committee (of Cabinet) and that it would be tabled in Parliament before the end of October. A Joint Select Committee of Parliament would then be established and it was his hope that the Bill would be passed by the end of the year.

In too many instances over the decades, the deadline given by Joint Select Committees for submissions hasn’t allowed adequate time for interested groups and individuals to review and analyse the draft legislation and prepare submissions. In the current situation, if the new NIDS Bill is tabled within the next two weeks, there would be only 7 to 9 weeks for the entire process to take place, if the Bill is to be passed into law before the end of December. That is,

  • for the Joint Select Committee (JSC) to be established to consider the Bill and make a call for submissions;
  • for the public to review the Bill and make submissions and appear before the Committee, if asked;
  • for the Committee to undergo its own deliberations, considering any submissions, and write and table its report to Parliament;
  • for both Houses of Parliament to consider the report and its recommendations and debate the Bill and pass it.

It may be that once the new Bill is tabled, it will have been so carefully drafted and will have addressed the concerns raised in the judgment of the Constitutional Court which struck down the old Act, and will have taken into consideration many of the concerns raised by the public prior to the passage of the old Act, that there will be few new or remaining concerns to be dealt with. But until we see the new Bill we will not know.

We can read the new NIDS policy that was published in April. We can read or listen to the PM’s statement to Parliament in September. But until the Bill is tabled, we will not know what it actually says and, to use the cliché, the devil is always in the details.

So, for example, the new policy and the PM have said that enrolment in the NIDS will now be voluntary, but how is this addressed in the Bill? Could a situation arise in which government or private sector entities could make the presentation of a NIDS card or number mandatory to access service, so that enrolling in NIDS becomes mandatory in fact or practice, if not in law? Need for discussion before passage into law?

Let’s not have a repeat of the previous experience where a self-imposed deadline drives the process by which the legislation goes through the Parliament. And whereas I agree with the PM that the process shouldn’t be boundless, it needs to be realistic in its allowance for genuine consultation and discussion. This allowance for adequate time before passage of the legislation may indeed forestall problems after its passage, as well as simply being in accord with good governance practices.

(Just to note that the PM spoke about a space on the NIDS website that will allow for public comments about the new Bill. This raises the need for other forums for public information and input before the Bill is passed.)

Relevant Documents

PBCJ recording of Sitting of House, September 29, 2020

https://www.youtube.com/watch?v=axnFC1Xet48

“…we intend to have the Bill through the Legislative Committee before the end of October. The Bill will come back to this House and out of an abundance of caution, I can state here that it will go to a Joint Select Committee, so that there is no opportunity for unnecessary delays and that if there are issues that arise in the traditional way, we deal with it in the Committee. And the public can have their say. At, you know, I don’t want to determine the Parliamentary process but one would expect that the process is not unlimited. There must be some bound to it. And therefore we would like before the end of the year, this year, that we should be seeking to pass the Bill into law. Madam Speaker, once the Bill is tabled in Parliament, as I said, we will have a Joint Select Committee to navigate it through the Parliament and we hope that the deliberations will proceed apace.” 

PM Holness’ comment re new NIDS Bill timeline – Transcribed from PBCJ recording of Sitting of the House, September 29, 2020


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What Info Shall/May Be Included in the #NIDS Database? – What the NIDS Bill Now Says

Whether you support the proposed National Identification System (NIDS) unreservedly or oppose it absolutely or fall somewhere in between, it would be useful to know what information the NIDS Bill passed on November 21, 2017, allows to be collected and stored in the Database. The list of information is set out in the Third Schedule of the Bill and the current Third Schedule is different in a number of respects, when compared with the original Bill tabled in the House on March 21 this year.

In the original Third Schedule, all information to be collected was mandatory. The current Third Schedule distinguishes between information which will be mandatory and shall by included and other information which may be included, some of which will be voluntarily given if the person being registered so chooses. NIDS Third Schedule heading

Part A of the Third Schedule lists the Biographic Information to be collected, all of which is mandatory, except for e-mail address.

NIDS Third Schedule Part A

Part B lists Biometric Information, which is in the categories of Core Biometric Information (B1 & B2), which must be included in the Database, and Other Biometric Information (B3), which may be included in the Database. It has been explained that the information in B2 would only be required when finger prints are not available from the person being registered. The details of this would have to be set out in the Regulations, which are still being drafted. B3(1) refers to distinguishing features, which may be included in the Database, and seems self-explanatory as part of identification, but it is not at all clear under what circumstances it would be expected that an individual’s blood type would be included in the database. Again this points to the fact that many of the details about implementation are to be set out in the Regulations and how important it is that the public has an opportunity to see the Regulations before they are passed.NIDS Third Schedule Part B

Part C lists the Demographic Information that may be included in the Database, but this is entirely optional and the person being registered only needs to give it if they choose to. It is important that this is made clear to people at the time of registration. (Number 9 in Part C is a repreat of Number 5 in Part A(1). It has been explained that this is repeated because the information in Part A wouldn’t be available for statistical purposes, while that in Part C would be, and this information would be useful for such purposes.)NIDS Third Schedule - Part C

Part D lists the other Reference numbers that shall be included in the Database, where they are available. Part E lists the Registrarial History which shall be stored in the Database. This includes information about an idividual’s  National ID cards that have been issued, cancelled or returned. It also includes the information about instances in which an individual’s identity information has been disclosed to a requesting entity. (Clauses 43-45 of the Bill specifically deal with Disclosure of Information.) This is important information that should be permanently stored, as it allows an individual to know to whom their information has been disclosed.NIDS Third Schedule - Part D and Part E

Two other changes since the original Bill was tabled in March 2017 have to do with DNA and with the Minister’s power to amend the Third Schedule.

The initial Bill did not include DNA in the list of biometric information to be collected, but it did not prohibit it. The Bill now specifically excludes the collection of DNA, in the definition of biometric information in Clause 2.

NIDS Bill biometric information definition

The Bill does retain an amendment to the DNA Evidence Act in the Sixth Schedule.NIDS Bill Sixth Schedule - DNA Act

The list of information that shall or may be included in the Database is not set in stone. It can obviously be changed in the future, as is the nature of legislation. However, changes to the Third Schedule cannot be made by the Minister by order, subject to affirmative resolution, as was the case with the initial version of the Bill, but would have to go through the full process for amending the law. This is Clause 57(3).NIDS Bill - Clause 57(3)

It will be important to pay attention to the Regulations which will set out many of the operational details for the implementation of the law. The devil can be in the details at many different levels.

 

 


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350 Words Or Less: Have You Read The #NIDS Bill As Passed?

The National Identification and Registration Bill with the Senate Amendments was passed in Parliament on Tuesday (November 21, 2017), in what turned out to be a controversial process. Whatever you think should happen next, the Bill is now posted on Parliament’s website, if you would like to read it. It has not yet been signed by the Governor General.

The National Identification and Registration Bill

NIDS Bill pic 2

 

 


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National Identification & Registration (#NIDS) Bill: Senate’s 168 Amendments

Last week Monday, November 13, 2017, the Senate passed the National Identification & Registration Bill with 168 amendments. This was the second day on which the Senate had held a marathon session regarding this piece of legislation, the first session being the previous Friday. It is intended that the Bill, commonly referred to as the NIDS Bill, will go back to the Lower House for passage quickly, possibly this week.

At the time of publishing this blog post, the version of the NIDS Bill that is on Parliament’s website is the version that was passed in the Lower House on September 19, 2017, including the 100 plus amendments made there. The version of the Bill with the Senate amendments has not yet been posted, though I hope it will be before the Bill returns to the Lower House.

If you wish to know what the current status of the Bill is, here is a list of the Senate amendments obtained from Parliament: NIDS amendments blog picAmendments moved to the National Identification and Registration Act 2017 by the Senate which can be read in conjunction withNIDS Bill from Lower House blog pic the version of the NIDS Bill currently on Parliament’s website.

UPDATE – November 21, 2017: During an online Twitter/Facebook Town Hall about the NIDS yesterday, Senator Kamina Johnson-Smith, the Leader of Opposition Business in the Senate, who piloted the Bill through the Senate, confirmed that the Bill would be tabled in the Lower House today with the intention of passing it today. She said that once the Bill was tabled, the updated version would be posted on Parliament’s website. What this effectively means is that the public will not have an opportunity to review the Bill with the Senate amendments before it is passed into law.

The timing for passage of the Bill was also confirmed in a tweet from PM Holness’ account. (Note that although the time on the tweet here says 1:28 PM, it actually was about 4:30 PM when the tweet was sent.)PM Holness NIDS tweet 21-11-17