#NIDSCourtCase continues now
AG responds to concern about not being able to get a passport without NIDS. She refers to what is required of Jcans wishing to enter some countries eg Canada Spain UK and US #NIDSCourtCase
#NIDSCourtCase AG on right not to be subjected to degrading punishment- says this challenge was not pleaded and shd be discarded. If not she asks court to accept submissions
#NIDSCourtCase AG on equality before the law. To establish breach, claimant must show that he has bn treated differently from person in similar circumstance she says.
#NIDSCourtCase J Sykes: your argument is that their argument is a non argument bcz the law doesn't apply to foreigners. AG: indeed my Lord. Sykes: then say so
#NIDSCourtCase AG says if she appeared confused yesterday it was bcz the principles were so clear to her that she was befuddled
#NIDSCourtCase J Batts: man living abroad produces British passport. RGD serving him til she sees his blue passport, he's dual citizen, she can't serve him without NIDS. Is that a reasonable distinction? AG: i can't 2nd guess how that will be dealt with.
#NIDSCourtCase I would ask the court not to read into the provision that the person will be denied service. How it's implemented will determine how that is dealt with and we maintain that all is not yet in place
#NIDSCourtCase AG: attention will have to be paid to policy. We invite the court to look at the White Paper.
#NIDSCourtCase AG now reading from the White Paper which is the policy document
#NIDSCourtCase AG now talking about what is captured by voter's ID TRN etc
#NIDSCourtCase Batts: if the mischief is that there are 4 diff forms of ID is the solution necessarily what you have here? Isn't it possible to integrate the 4? What's the evidence that this is most proportional way of solving that?
#NIDSCourtCase AG says another mischief is to ensure that each citizen has ID card. Batts: so why not say if you want the service get this. Not go to straight to jail. AG says there were attempts tp integrate but gaps were left
#NIDSCourtCase AG : people to whom tge aact does not apply will just have to use another form of ID
#NIDSCourtCase Sykes: person without NIDS would have to go thru criminal prosecution with all the rigour that enfails. Is criminal law only way of dealing with it? Is it proportionate to what u want to achieve? That's part of Oakes test (what is demonstrably justified)
#NIDSCourtCase AG: re what option u choose to enforce if the complaint is that it causes a breach let us look at whether it is demonstrably justified. Bcz another option exists does not render it unjustified. Sykes: question is if goal can be met by less intrusive means.
#NIDSCourtCase Sykes: that has to be factored in.
#NIDSCourtCase AG: criminal penalties are an option. We have to look at whether in all the circumstances a criminal penalty is justified
#NIDSCourtCase AG now looking at right to equitable and humane treatment.
#NIDSCourtCase J Batts: just bcz a politician brings a case doesn't mean it is...AG... political. We accept that
#NIDSCourtCase AG: 1 of the concerns is that the Act was rushed. Didn't go to Joint Select Committee. Sykes: that is no concern of the courts. That is for Parliament
#NIDSCourtCase AG; there are benefits eg protection against identity theft. Will allow govt to facilitate social inclusion.
#NIDSCourtCase Sykes asks about the right to privacy. AG: statute does engage the right. But is not unconstitutional. Sykes : are you saying it infringes the right but can be saved as being demonstrably justified? AG: yes.
#NIDSCourtCase Sykes: to get there you have to agree that it infringes the right. The 'demonstrably justified' is the escape route. AG: I take no issue with that. If you find that it does.
#NIDSCourtCase Sykes: you are outlining all these benefits. But that is not the end of the matter. The question is could it be achieved in a less intrusive manner?
#NIDSCourtCase there is a whole line of authority dealing with cases where the law is not fully fleshed out saying you are not to preempt what is to come. Batts: so we must wait when we know it is in breach? You have authority saying that?
#NIDSCourtCase court adjourned til tomorrow
