Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2021

Lord Kennedy of Southwark Excerpts

Monday 17th May 2021 Grand Committee

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, as we have heard, these orders are being brought forward to reflect the extension of the Criminal Finances Act provisions to Northern Ireland. I say right at the start that I fully support the orders and welcome the fact that they are with us this afternoon.

I recall our extensive debates in the Chamber on the Criminal Finances Act. It is about tackling money laundering and terrorist finance, among other things, and being able today to bring forward these orders to apply to Northern Ireland is very welcome. I agree with the noble Lord, Lord Dodds, that it was regrettable that the Assembly was suspended and we could not get them in place earlier, but now that it is up and running again, it is welcome that we are able to do so today.

I very much agree with the noble Lord that the measures will deal with criminality—that is really important—and act as a deterrent to others who are thinking of getting into criminality or paramilitarism. It is very important we are seen to give a strong lead there. I endorse the remarks of my friend the noble Baroness, Lady Ritchie of Downpatrick, in her support for these measures and what she hopes will be their positive effect. It is really important if they can help track down those funds from the Northern Bank robbery. I saw the documentary; I have not heard the stuff on BBC Sounds, but will have a look for it. It is important that we recognise what the money that was stolen there has been able to finance.

I do not know Northern Ireland as well as either the noble Lord, Lord Dodds, or the noble Baroness, Lady Ritchie, but I have been there many times and I have many friends who live in the Province. I think that it is absolutely right, no matter what community you come from, to look at the effect that this sort of activity will have on marginalised communities and on all communities, on their prospects. If we can stop people being dragged into this sort of behaviour in future, that is a really good thing, and all communities will benefit from that. I very much welcome that.

I also endorse the comments from my noble friend Lady Ritchie. It is important to work with the Government in the Republic as well, because there are cross-border issues there. That is a very important issue.

The order updates the codes of practice. I am aware that Naomi Long has asked for these powers to be extended; she actually asked for that in June 2020. My only regret is that we have not been able to do this sooner, which I suppose is because of the pandemic and everything that has been going on. The sooner we get these powers in place, the better.

I have a couple of questions, although nothing of any major significance, because many points have already been raised. It is very good to get the orders in place, as I say, but can the Minister confirm the reasons for delay, given that the request was made in June 2020—nearly a year ago now? Is the delay because of the pandemic? It is quite unusual to bring in legislation to be retrospectively consented, three years after the Bill became law. I know that that is because the Assembly was suspended; I am delighted that it is up and working now, and we hope that we never again get a situation when it is not up and running. It would be useful to understand that.

What is the Minister’s opinion about how the legislation works in the rest of the United Kingdom? It has been in place for three years now—has it been good? I have seen a number of reports of when unexplained wealth orders have been granted against individuals. Will the Minister tell us a little about what she thinks the effect of the law has been? What additional training and oversight has been put in place to help officers and others to ensure that they can actually enact this legislation and use the power that they have been granted properly and forcefully so it can have the effect that we all want it to have?

With that, I fully endorse the orders before us today and look forward to the Minister’s response.