Crime and Courts Act 2013 (Consequential Amendments) Order 2015

Baroness Williams of Trafford Excerpts

Thursday 22nd January 2015 Grand Committee

Moved by

[Baroness Williams of Trafford]

That the Grand Committee do consider the Crime and Courts Act 2013 (Consequential Amendments) Order 2015.

Relevant document: 15th Report from the Joint Committee on Statutory Instruments

[Baroness Williams of Trafford (Con)]

My Lords, I hope I can be relatively brief on this order, which makes minor and technical amendments to Section 195S of the Proceeds of Crime Act 2002, which extends to Northern Ireland only.

Amendments have been made to Part 4 of the Proceeds of Crime Act by the Policing and Crime Act 2009 and by legislation devolving policing and justice functions to Northern Ireland. New Sections 190A, 193A and 195A to 195S have been inserted. These new sections provide new and extended powers for use in Northern Ireland for the search, seizure and detention of property to prevent its dissipation or wanton devaluation, so that it is able to satisfy a confiscation order. The powers mirror those introduced into Part 2 of the Proceeds of Crime Act, which relate to England and Wales, and to Part 3 of the Proceeds of Crime Act, which relate to Scotland.

Amendments should have been made to Section 195S to add immigration officers as appropriate officers whose exercise of the functions is covered by the code of practice under Section 195S, and to define who is a senior officer in relation to an immigration officer. However, these amendments were unfortunately not made to Section 195S, resulting in technical defects.

If the changes to Section 195S we are now seeking to make are not made, the result would be that if a code of practice were made under Section 195S, that code would not cover the exercise of the new powers by immigration officers in Northern Ireland. This is obviously not acceptable. The guidance on the use of these powers is an important safeguard to ensure that law enforcement officers, including immigration officers, use the powers in a proportionate and consistent manner.

The order, if approved by the Committee, will allow the Secretary of State to make a code of practice that covers the use by immigration officers of the new and extended search, seizure and detention powers in Northern Ireland. This order does not affect England and Wales or Scotland. It has recently been debated in the House of Commons, with all in favour of this amendment. On that note, I beg to move.

[Lord Rosser (Lab)]

I thank the Minister for her explanation of the reasons for and purpose of the order. The order amends the Proceeds of Crime Act 2002 to add immigration officers to the officers to whom the code of practice governing the exercise of the powers concerned will apply. The order also defines “senior officer” in relation to an immigration officer.

As the Minister has said, the order addresses an oversight at the time of the passing of the Crime and Courts Act 2013. We accept the need to rectify situation.

[Baroness Williams of Trafford]

My Lords, I thank the noble Lord, Lord Rosser, for his brief comments. With that, I commend the order to the Committee.

Motion agreed.