Proceeds of Crime Act 2002 (Investigations: Code of Practice) (England and Wales and Northern Ireland) Order 2016

Lord Rosser Excerpts

Wednesday 10th February 2016 Grand Committee

The structure of each of the codes is basically the same. They contain a comprehensive explanation of the law and the considerations that officers should apply when using the powers, and explain the need fully to record and justify their use after the event. I therefore ask that the House approve these orders to give effect to the codes of practice.

[Lord Rosser (Lab)]

I thank the Minister for his explanation of these five statutory instruments, which we are rightly dealing with en bloc. I accept his point that they deal with the issue of a code of practice and guidance, and that they reflect legislation that has already been agreed and passed.

As he said, and as at least one of the Explanatory Memorandums states, the first four orders are made under the Proceeds of Crime Act 2002 and provide that three revised codes of practice and one new code of practice, giving guidance on the exercise of certain functions under POCA, come into operation on 1 March this year. He says that the revised new codes are required because of amendments to POCA made by subsequent Acts of Parliament.

I note with interest that in respect of only one of the codes, paragraph 4.10 of the Explanatory Memorandum says:

“The code has … been restructured to make it easier to read and understand”.

I am not sure whether that applies to all the other codes. While that will no doubt help, have these codes of practice—which, as the Minister said, constitute guidance and reflect the amendments made to POCA—been drawn up with a view to increasing the amounts that should be collected, or property seized, under the 2002 Act, or is it not expected or intended that they will have any impact in this regard? This point may well have been discussed when the original legislation went through. Also, if such an impact is anticipated, what is it likely to be? I do not mean down to the last penny but in general terms.

There is a further Explanatory Memorandum relating to the fifth and last of these orders, which is also made under the Proceeds of Crime Act 2002. Again, it creates a revised code of practice providing guidance on the exercise of certain functions under POCA, which in this case came into operation on 30 November 2015. More specifically, that fifth order brings into operation a revised code of practice for prosecutors in England, Wales and Northern Ireland which replaces earlier codes of practice. As far as I can see, this separate Explanatory Memorandum does not say that the revised code has been restructured to make it easier to read and understand, which is either bad news for prosecutors or means that they are people of exceptional ability who can understand any previous code. I will leave it at that.

[Lord Browne of Belmont (DUP)]

My Lords, I thank the Minister for his comprehensive explanation of the orders. I strongly support the measures contained in the five orders which he has presented to the Committee today. I certainly do not wish to prolong the Committee’s deliberations unnecessarily, so I will not discuss the technical complexities of the legislation in detail. Overall, it appears that the new powers granted to the prosecuting authorities will be effective in ensuring that the law is enforced by removing, as far as possible, any possibility of evasion. At the same time, provision is made for the supervision of the operation of the new rules by the appropriate authorities. In Northern Ireland, for example, I am thinking of the role played by the Northern Ireland Policing Board.

I particularly welcome the new rules concerning the search, seizure and detention of property in Northern Ireland, set out in the eighth item on the Order Paper. It is generally accepted that, unfortunately, the number of organised crime gangs operating in Northern Ireland has increased significantly in recent years. The law enforcement authorities must have the powers to ensure that activities such as money laundering, dealing in illicit fuel and smuggling cigarettes and drugs are no longer profitable enterprises. The new powers of search and seizure should go a long way to eliminate most of the ill-gotten gains from these activities.

I congratulate the National Crime Agency on its effectiveness in tackling serious and organised crime in Northern Ireland since it began operations with full powers on 20 May 2015. Between 1 April and 30 September 2015, the agency recorded 29 disruptions against organised crime groups and high-priority threats in Northern Ireland. It will be fully engaged in delivering the commitment outlined in A Fresh Start: The Stormont Agreement and Implementation Plan.

Does the Minister agree that, in the light of the recent appalling gang-related murders in Dublin, it is essential that the law enforcement authorities in the Republic of Ireland agree to co-operate fully with those in Northern Ireland in taking all necessary steps to bring to an end the cross-border operations of criminal gangs? I fully support these orders and I believe that they will go a long way to thwart the activities of criminal gangs throughout the United Kingdom.