National Crime Agency

Baroness Ritchie of Downpatrick Excerpts

Wednesday 22nd October 2014 Commons Chamber

[Mr Campbell]

I thank the hon. Lady for her question. The short answer is that those powers are extremely limited; they are virtually non-existent. I will come on to some of the issues that date back to SOCA operations, which have now been superseded by the NCA.

[Ms Margaret Ritchie (South Down) (SDLP)]

The hon. Gentleman has referred to my party. The SDLP has vigorously opposed any form of criminality at every stage. Will the hon. Gentleman clarify and outline the depth and intensity of accountability he sees in respect of the Northern Ireland Policing Board and the Chief Constable?

[Mr Campbell]

I understand that the Chief Constable has had at least one—possibly even several—meetings with the SDLP and has assured it on the issue of his role and co-operation with the Policing Board by repeating what was said in the May 2013 statement that “nothing proceeds without agreement” in connection with the work of the NCA, and that the Chief Constable is

“held accountable for NCA operations via the Policing Board.”

The hon. Lady will know that members of her party and of Sinn Fein serve on the Policing Board.

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[Mr Campbell]

I look forward to the discussions between the SDLP and the Labour party resulting in that pressure being applied. I thank the right hon. Gentleman for specifically indicating, when he was in office, where the problems were in relation to this matter. I hope that that will be repeated by those on the Government Front Bench today.

[Ms Ritchie]

In my previous intervention, I asked the hon. Gentleman to specify the level of accountability between the NCA, and the Policing Board and Chief Constable. So far, he has not specifically dealt with that request, but perhaps he will do so in his further comments.

[Mr Campbell]

I repeat what I said on the previous occasion. The Chief Constable and the Policing Board appear to be totally content with the level of accountability and co-operation that will exist. I am afraid that the onus is on those who say that there is a lack of accountability. After having been reassured that there is no such lack and after it was indicated at several meetings that there is no reason or rationale for continuing to object to or oppose the implementation of the National Crime Agency, there is an onus on those who say that to explain why it is the case.

I now want to turn to a very relevant, important and topical issue that demonstrates the nature of the problem we face. Last month, a combination of security services boarded a yacht off the Irish Republic and detained the people on it, who had up to €80 million-worth of illegal cocaine. The cocaine was bound in part for the Irish Republic, but informed sources from the Irish Republic have indicated that the vast majority of it was for the United Kingdom. Of course, as we all know, the Republic of Ireland has a land border with the United Kingdom. Part of the reason why the authorities in the Irish Republic were able to apprehend the haul successfully in international waters off their coast was the co-operation of the National Crime Agency.

As a result, I tabled a question to the Justice Minister in the Northern Ireland Assembly last month. I asked him what the response would be if a similar consignment were to arrive on our shores from Northern Ireland waters, and we endeavoured to get the same level of co-operation to ensure that it did not reach land on the North Antrim or the County Londonderry coast—[Interruption.] Or anywhere—even the South Down coast. His written answer states:

“In a situation such as that outlined in the question I would expect the PSNI to be involved. There may also be a role for the NCA, the UKBA and HMRC to play. The role of the NCA would be limited, if the operation was in Northern Ireland territorial waters, as drug operations fall into the devolved sphere.”

The Northern Ireland Justice Minister is absolutely clear that if we have another consignment that comes close to our coast like the one I mentioned—it has not been the largest such consignment—the National Crime Agency will have severe limitations in helping to deal with that haul.

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[Ms Margaret Ritchie (South Down) (SDLP)]

I am pleased to be able to participate in this debate to outline, along with my hon. Friend the Member for Foyle (Mark Durkan), the SDLP position. May I say at the outset that the SDLP has consistently and persistently opposed all forms of violence, at times when it might not have been popular to do so and at times when others promoted violence? Leaving that aside, may I also say that when we signed up to the new policing measures and the PSNI in 2001, it was to those Patten principles of inclusivity and respect for political difference, and it was about accountability and oversight mechanisms? Those were clearly embedded back in 2001, when the new Policing Board, to which the police are accountable, was established.

[Naomi Long]

Earlier, the hon. Lady intervened on the hon. Member for East Londonderry (Mr Campbell), asking him to be specific about the accountability issues and what accountability mechanisms were in place. Would she like to be equally specific about where the gaps in those mechanisms are, because some of us are at a complete loss on that?

[Ms Ritchie]

I thank the hon. Lady for her intervention. If I am allowed to make a little progress, I will be able to explain those things.

Let me also say at the outset that it was due only to the SDLP’s efforts in ongoing negotiations that others are now talking about accountability and oversight; it was because of our efforts that those things are now taking place. For the avoidance of doubt, let me say that nobody should gainsay or deny that. We are concerned about the lack of proper oversight mechanisms, and we are in discussions and negotiations with the Minister of Justice. Two weeks ago, during the debate on the issue in the Northern Ireland Assembly, he freely acknowledged that and took on board our concerns. I would like to highlight those—if I am allowed—as will my hon. Friend the Member for Foyle.

The SDLP is not opposed in principle to the NCA. We are opposed to violence of any kind, and we are opposed to child abuse and the other various matters that have been raised. However, I wish to raise certain issues. We have been given indications from Opposition Members and from DUP Members that questions have been raised as to the effectiveness of the Serious Organised Crime Agency and now the NCA. Why, despite the efforts of the PSNI, SOCA and other agencies on the island of Ireland, has almost nobody ever been before a criminal court in relation to such matters? For us to support the NCA it has a responsibility to us—to everybody—to prove that it will go after those fuel launderers. We have to see the evidence that it has worked heretofore. One of my colleagues, the former Minister of Environment, pursued many of these issues to do with national crime, through the Northern Ireland Environment Agency, with a measure of success, and he probably did not receive that much help from SOCA. So those issues have to be taken on board.

[Mr Gregory Campbell]

Will the hon. Lady give way?

[Ms Ritchie]

If I am allowed to make a little progress, I might be able to help the hon. Gentleman.

Let us consider what we need in order to make progress in these negotiations to a positive outcome and to have an organisation embedded with the principles of inclusivity, respect, accountability and other such issues. The hon. Gentleman never addressed the issue of accountability that I raised in my interventions. I hope that that is not because of glibness on the DUP’s part, and I am sure they will clarify that issue. I would like the Minister in today’s debate to work with the Minister of Justice in Northern Ireland to clarify: that accountability of the NCA is to the Chief Constable and to the Policing Board; that covert operations would take place only with the agreement of the Chief Constable and subject to the Regulation of Investigatory Powers Act 2000; and that issues of national intelligence would be carried through only for England and Wales.

[Mr Gregory Campbell]

Will the hon. Lady give way?

[Ms Ritchie]

If I may continue, I would be happy to give way in a minute. I wish to address a couple of other things that we see as being missing from the current NCA. It is further proposed in the helpful paper from the Minister of Justice in Northern Ireland that the conduct of an NCA officer comes within the remit of the police ombudsman. It is not, however, stipulated that the power would be enshrined in statute, although a commitment to that effect appears to have been given to the Policing Board—clarification could be given on that—or that the standard of conduct would, as a result of statute, be that of the PSNI code of ethics. In the latter case, there may be some difficulty in circumscribing an NCA officer by way of the PSNI code of ethics as it may conflict with that officer’s own code of conduct by which he or she is bound according to their contract of employment or service. In respect of covert powers and the remit of the Policing Board, it is proposed that the PSNI be accountable to the board for giving its agreement to the NCA’s operations. However, there may be an issue over the extent to which the board can hold the Chief Constable to account—for example, for giving agreement or for all that follows from that agreement.

Clearly, we have certain issues on which we need clarification. We call on the Minister to hold immediate discussions on those issues with the Minister of Justice in Northern Ireland. We will continue with those discussions because we support the principle of the NCA, but we are awaiting clarification of the issues around accountability and the oversight mechanism to ensure that everything is perfectly in order and that there is nothing untoward in relation to that organisation.

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[Jim Shannon]

It has taken SDLP Members two years to come to that position, but it is always good when they eventually arrive at it. We will wait to see what happens in the next week or two when the talks proceed. There is now even less of a deterrent for criminals when it comes to those areas not covered by the NCA in Northern Ireland.

[Ms Ritchie]

rose—

[Jim Shannon]

I am happy to give way to the hon. Lady. I think that earlier somebody said firmly, “The Member for Down South”, but she is the hon. Member for South Down.

[Ms Ritchie]

I thank my neighbour, the hon. Member for Strangford (Jim Shannon), for giving way. Does he agree that it is other people who are now coming to our position on the issue of accountability, and that it was through our intensive efforts on that issue that we have now achieved that particular position?

[Jim Shannon]

I thank the hon. Lady for her intervention, but the fact is that the parties who have spoken for this matter are the parties that are moving forward. We are very happy to drag the SDLP along screaming to the process, if that is the way it has to be, and make it feel part of it. If the hon. Member for Beckenham (Bob Stewart) feels that things have moved forward that is great news, but we have to see the evidence. Accountability is here. We do not think there is any need for delay.