Cross-border Crime — House of Commons, 2015-03-11
Topic: Law and Crime
Karen Anne Bradley (Conservative, Centre-right): I appreciate that intervention, apart from anything else because I am not going to have to answer yet another question from those hon. Gentlemen, who gave me a significant number to try to address. I do understand completely the time pressures we all face, however I understand that HMRC is making sure it has the best and most appropriate roadside marker testing equipment, further to strengthen testing capability. From day one of the new marker implementation, its road fuel testing units will be able to use their existing battery of tests to identify suspicious samples, and I should repeat the point that this is not a replacement marker initially; this is a running-alongside marker with the existing marker, to ensure we have full evidence and information. I also understand that, in addition, HMRC expects to have ground-breaking roadside testing equipment by the summer The hon. Member for North Antrim made a number of points and I understand that HMRC has written to him on many of them, in particular the point about the new marker being easily laundered and that that can be done on a commercial scale. I urge him to provide details of any trials about which he believes HMRC may be unaware. It does want to review the report he has laid in the House, and it will respond to him. The Government will of course review the report as well, and HMRC has investigated whether this can be done on a large scale. The hon. Gentleman says he has seen the test to prove that that is the case. If he provides that evidence to HMRC, it will review the report and write to him, but the only large-scale test that we are aware has been undertaken, which was with 25,000 litres, fully supported HMRC’s conclusion that this is not easily translated to large-scale operations in the field. We do take these claims very seriously, however, and HMRC will look at any reports that the hon. Gentleman provides The hon. Member for South Antrim talked about the number of arrests and prosecutions for this crime. In the period 2011-14 there was a total of 56 arrests for fuel fraud, and 47 of them were in Northern Ireland, while just nine were in the rest of the United Kingdom. We have not, of course, yet got the full figures for 2014-15, but the latest information is that there were 25 arrests, 13 of which were in Northern Ireland and 12 in the rest of the UK. That shows that we take this crime very seriously, including in Northern Ireland Confiscation was also mentioned. In 2013-14, the last year for which we have figures, £113,001 was applied on confiscation orders relating to this type of crime, of which £113,000 related to confiscation orders in Northern Ireland, with only £1 relating to the rest of the United Kingdom. The hon. Member for Birmingham, Erdington and I have enjoyed many debates on the topic of asset recovery, and we agree that we want to see more confiscation orders and more recovery. The Government take this issue seriously and progress is being made. HMRC’s anti-smuggling strategy is effective, and we continuously adapt it to accommodate changes in criminal behaviour. Since it was first launched, we have reduced the illicit cigarette market by half and the illicit hand-rolling tobacco market by a third, but we all recognise that more can be done. The hon. Member for East Antrim contributed to yesterday’s debate on the order to bring the National Crime Agency into Northern Ireland. I want to put it on record that, in regard to the priorities for policing and the NCA in Northern Ireland, the Northern Ireland Policing Board will agree the NCA annual plan. That will allow key crime types, which may include fuel laundering, to be prioritised for the NCA in Northern Ireland One of the blockages to having full support in Northern Ireland has been the limit to the NCA’s ability to provide support to HMRC and the PSNI in Northern Ireland. That related to the powers issue, and thankfully that issue is now resolved. Yesterday, we debated and approved in Committee here, and in another place, the draft Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015. The order will enable the NCA to operate with police powers in Northern Ireland from around the end of May. It puts in place accountability arrangements for the NCA that have been agreed with the Northern Ireland parties. It also extends civil recovery provisions and civil recovery investigation provisions under the Proceeds of Crime Act 2002 to Northern Ireland. This will increase activity and improve performance, alongside the efforts of other accredited financial investigators in Northern Ireland, such as the Serious Fraud Office, the PSNI and the Environment Agency. Perhaps that will answer the question from the hon. Member for Foyle about waste crime We are also strengthening the provisions of the Proceeds of Crime Act through the Serious Crime Act 2015. The hon. Member for Birmingham, Erdington and I served on the Committee that considered that legislation. Its provisions will make it harder for criminals to move, hide and use the proceeds of crime through the better enforcement of existing court orders and the better recovery of hidden assets overseas. These steps are important, as denying criminals the proceeds of crime is one of the most effective ways of disrupting their activities. We agree that, so far, not enough has been recovered, but with these enhanced powers, the NCA, working with law enforcement, will be able to recover more. I urge the courts to ensure that confiscation orders are applied whenever possible, and that compensation orders for victims are also put in place The hon. Member for Foyle also raised concerns about engagement with communities. The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 that we approved yesterday provides that the Northern Ireland Policing Board must make arrangements for obtaining the co-operation of the public with the NCA in the prevention of crime. The hon. Gentleman will recall that, as part of the Justice Minister’s proposal paper, there will also be a requirement for NCA officers to have a duty to secure the support of, and to act in co-operation with, the local community. Additionally, the order provides that the NCA’s director general must obtain the Policing Board’s prior consent to the Northern Ireland aspects of the NCA’s annual plan Serious and organised criminal groups do not respect borders or force boundaries. The PSNI estimates that there are around 150 organised crime groups active in Northern Ireland. Nearly a third of those groups are assessed as having links to international criminality, and another third are linked to criminality in the rest of the UK and the Republic of Ireland. HMRC operates across the UK as a whole, and the National Crime Agency has both national and international reach. They are working more closely than ever before with the PSNI and other partners to disrupt organised criminal groups undertaking fuel laundering and smuggling in Northern Ireland and to deny criminals the proceeds of that crime. As has been said, we will not oppose this motion, and I want to thank everybody for the debate. I look forward to Northern Ireland seeing the benefits of the NCA that the rest of the UK has benefited from since October 2013 Question put and agreed to. Resolved, That this House notes with concern the continued prevalence of serious organised criminal activity in Northern Ireland on a cross-border basis in relation to fuel smuggling, fuel laundering and the counterfeiting of consumer goods; recognises that this has had a significant and detrimental impact on HM Treasury; regrets the lack of prosecutions in relation to this activity; and calls on the Government to ensure greater co-operation between HM Revenue and Customs, the National Crime Agency and the PSNI so that this criminal activity can be eradicated.