Propel Legel Briefing: Papers, please by Chris Grunert

11 Sep
2025

First appearing for Propel Hospitality in their Legal Briefing on 10th September 2025

Papers, please by Chris Grunert

I will openly admit that I am addicted to WhatsApp groups. Most are just for managing my kids’ jam-packed social lives, and the rest are my neighbours arguing about Wi-Fi (or each other). Out of all these groups, however, one stands out: a local night-time economy group that generously admitted me as a member. The conversations are courteous, useful, and often surprisingly revealing. Recently, I read a thread about the rise of fake IDs and how sophisticated they’ve become.

One message stood out to me. It read: “Seeing a big increase of fake citizen cards or cards bearing the pass hologram and UV scan in the city centre. They pass all visual security measures. The quality of the card is very, very good. The only tool we have right now, although a little more time-consuming, is the ‘PoA Card Verify’ app to distinguish if it is genuine or fraudulent. Would recommend reminding your teams to get this app. I’ve seen a massive increase over this weekend’s trade! We’ve quickly put in a new policy that any PASS cards must be verified by the duty manager and not the staff member making the sale. Just thought I’d pass on the warning.” A reply added: “Don't scan the QR code on the back either as they’ve faked that too lol.”

This offered great insight into the challenges operators and staff are facing in our sector. With today’s digital design software and printing tools, it is hardly surprising that what were once clumsy, easily spotted fakes have evolved into something far more sophisticated and harder to catch. I wonder if the criminal forgers have also invested in a dictionary, as spelling appeared to be their Achilles’ heel in the past. There were always some silly overlooked typos that a keen eye could pick up on. Now, with this new generation of convincing fakes and renewed debate about the value of reliable identification, it is no surprise the idea of a national ID card is back on the table.

The first time we saw compulsory ID cards was during the First World War as part of the National Registration Act 1915. Then, during the Second World War, everyone over 16 had to carry their card at all times. Although it was promised the scheme would end after the war, it continued until 1952. The scheme was widely unpopular and seen as an unwelcome intrusion on the British way of life.

Fast forward to the 2000s. Despite Labour’s long-standing opposition to ID cards on civil liberties grounds, they proposed a voluntary scheme in 2003 that could later become compulsory. After several drafts and political wrangling, the Identity Cards Act received Royal Assent in 2006. By 2007, the National Identity Register was being built, costs were rising and public debate was heated. The first ID card was unveiled in September 2008. It was a credit-card-sized plastic card with a photo, hologram, personal details and a chip storing fingerprints and a digital facial image.

In 2007, Nick Clegg (yet to rise to deputy prime minister in the coalition government) was strongly against the plan. He said: “If the legislation is passed, I will lead a grassroots campaign of civil disobedience to thwart the identity cards programme. I, and I expect thousands of people like me, will simply refuse ever to register.”

For Clegg, the scheme smelled of “Big Brother”. When he became deputy prime minister in 2010, the coalition government scrapped it and destroyed the National Identity Register. What is less well-known is that Clegg later became vice-president of global affairs and communications at Facebook, now Meta, a company whose approach to personal data seemed very different from his 2008 stance. Interesting.

These days, digital ID is being discussed as a potential solution for issues like illegal immigration, benefit fraud and identity verification. In a recent speech to parliament, French president Emmanuel Macron pointed to the lack of ID cards in the UK (which are common across mainland Europe) are a “pull factor” that encourages migrants to make the dangerous Channel crossing, often at great personal risk and sometimes into the hands of criminals.

Pat McFadden, Labour MP and secretary of state for work and pensions, suggested a national ID scheme could help tackle small boat crossings and prevent benefit fraud by ensuring people can prove their identity before taking a job. France has long argued that some asylum seekers come to the UK to work illegally in informal roles such as takeaway delivery or the service industry.

McFadden told The Times: “People shouldn’t be able to come to the UK and work illegally if they don’t have a right to work. If there are pull factors like that, we should deal with them. Digital ID has applications across the immigration system, the benefit system and other areas to make sure people exercising rights are entitled to them, while giving good value for money for the taxpayer.”

At the moment, there is no single way to verify someone’s identity, and people rely on a mix of documents. A national ID could make that process much simpler. Supporters highlight a range of benefits which include improved security against criminals and terrorists, easier access to social and financial services, and a reduction in illegal work and the underground economy. A national ID would also allow people to prove their identity and key biometric data in everyday transactions, from buying a home to buying a pint.

This is not to suggest that there is no scepticism or concern about the scheme, but our relationship with personal data has changed, even if we don’t always fully understand how it is used. We share it daily in exchange for access or benefits, often with organisations whose interests may not align with our own. A national ID could provide a more secure and reliable way to manage and verify identity in this evolving landscape.

So, what’s next for digital ID? Is it finally on the way? It certainly feels like we’ve been talking about it forever. New legislation now seems increasingly likely, and I would expect it to make its way through parliament. The government has already run regulatory “sandboxes” and carried out extensive consultations. The key difference this time is that participation is expected to be mandatory, rather than just a convenient option for the tech-savvy. This could make a real difference in areas like identity verification, benefit fraud prevention and access to public services.

Of course, many MPs will argue the scheme won’t work and will criticise the government as the bill moves through parliament. However, unlike in 2010, I suspect there is now broad political appetite to see a national ID scheme succeed rather than be scrapped. My only advice to the government would be to speak with the boards of major businesses such as Jaguar Land Rover, the Co-Op, and others about cybersecurity before launching any new digital format of this ID. Without that input, they risk rolling out a system that looks great on paper but struggles in practice, leaving both users and institutions frustrated.

Digital ID may have a checkered past, but with careful planning and safeguards, it could finally become a practical and secure tool for modern life and those who work behind the bar.

Chris Grunert is a partner at John Gaunt & Partners

Law correct at the date of publication.
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