Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order 2018 — House of Lords, 2017-12-05
Topic: Law and Crime
Richard Rosser (Labour, Centre-left): I thank the Minister for that explanation of the purpose and content of the four orders we are considering, which we support. Clearly, they do not have quite the same attraction for Members of your Lordships’ House as the business we discussed prior to this, judging by the attendance in the Chamber at present The orders seek to ensure that powers are used appropriately and proportionately by those exercising them, as well as giving those exercising them the necessary powers to achieve the required objectives in recovering the proceeds of crime. As the Minister said, the orders bring into force revised codes of practice and one new code of practice, providing guidance and procedural requirements for the exercise of certain functions under the Proceeds of Crime Act 2002. The revised and new codes are required because of amendments to POCA made by the Criminal Finances Act 2017, which was passed last April—in the days when this Government had a working majority in the House of Commons and before this Government gave a certain large sum of money to secure a smooth, lasting and harmonious working relationship with the DUP That brings me to the issue of Northern Ireland and these orders. As the Minister said, a legislative consent Motion has not been obtained because the Northern Ireland Assembly was dissolved during the passage of the Criminal Finances Act. The Minister said that the Government were working with the authorities in Northern Ireland to commence the powers as soon as possible. Does this mean that further legislative measures are on the way or are such measures all covered by these orders? Which powers are the Government working with the authorities in Northern Ireland to commence there as soon as possible? Is it just the new powers and amendments made under the Criminal Finances Act 2017, to which the revised and new codes of practice we are discussing relate, or powers unconnected to these codes of practice? Who are the authorities in Northern Ireland to which the Minister referred? What are the actual or potential consequences on the effectiveness of the matters covered by the Criminal Finances Act in relation to proceeds of crime, not only in Northern Ireland but in Great Britain, of not being able to obtain a legislative consent Motion and bring them into operation on the intended day Since one of the orders apparently covers Northern Ireland—the Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2018—can the Minister say why that order includes Northern Ireland, in view of the issue over a legislative consent Motion not being obtainable? The Commons Minister stated when it was discussed there that, "there is nothing in these codes relating to the new powers that is a devolved matter in the competence of the Northern Ireland Assembly ".—[Official Report, Commons, Delegated Legislation Committee, 4/12/17; col. 4.] Is the answer to the question I have raised that the order to which I refer covers an aspect of POCA that is not devolved A second point relates to the resources that will be available to ensure that the new powers and provisions in the Criminal Finances Act 2017, to which the revised codes relate, can be effectively implemented. For example, the codes cover the extension of certain authorities and powers to the Serious Fraud Office. There is also a new code of practice providing guidance, as the Minister said, on the use of search powers for the recovery of listed assets that are suspected to be the proceeds of crime or intended for use in crime. New codes are of little relevance if the resources are not there to bring their content into operation What steps have the Government taken recently to satisfy themselves that the necessary resources are available to implement effectively the powers and authorities to which these codes relate? What are the asset recovery rates of the agencies concerned, and how have those changed over the last five years? Do the agencies have a target figure they are expected to achieve and are they achieving it? Are the Government satisfied with the performance of the agencies concerned on asset recovery and, if not, what action is being taken? Finally, can the Government give an assurance that, since the codes refer, I believe, to immigration officers, among others, the important powers covered by these codes will not be conferred on outside bodies acting for the Government, such as G4S and Serco?