Draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order 2018 Draft Proceeds of crime Act 2002 (Cash Searches: Code of Practice) Order 2018 Draft Proceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) (England and Wales and Scotland) Regulations 2018 Draft Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018

Carolyn Harris Excerpts

Monday 4th December 2017 General Committees

[Carolyn Harris (Swansea East) (Lab)]

Thank you, Ms Buck, for chairing the Committee. The Opposition generally support such measures, but with some reservations. We of course welcome any new provision to prosecute, prevent and seize the assets of criminals. However, amid continued cuts to public services, I am interested to hear exactly how the measures will be fully and robustly enforced. There have been staff cuts in literally every agency carrying out this work, from the police to Border Force, to revenue officers.

I remind the Minister of Labour’s argument that agencies involved in exercising civil recovery powers should have enough resources to do their job properly. He may recall that we requested a distinct and clear annual report, detailing the resources that are allocated to agencies strictly for carrying out the recovery powers. The Conservatives objected to that during the early stages of the Proceeds of Crime Act, on the grounds that the asset recovery incentivisation scheme would allow frontline agencies to keep 100% of the illicit value that they recover. In theory, the agencies could retain the total value recovered, but as was made clear by the Public Accounts Committee at the time in its progress review of confiscation orders and by the Home Affairs Committee in its review of POCA, the agencies’ recovery rates have been poor. Although the measures appear to convey greater powers to the agencies, there is no guarantee that they will improve their recovery rates. Given the failure to achieve that in recent Bills, we had hoped that these orders might go further.

We also note with concern that the said powers will be conferred on immigration officers. Although that makes sense in theory, will the Minister explain whether that includes agents of the state such as G4S and Serco? I remind the Government of the complete lack of trust in those agencies, following recent revelations in immigration detention centres, such as Brook House and Yarl’s Wood. If we cannot trust those individuals to deal with human beings professionally, that clearly indicates that we may not be able to trust them with other matters. Those matters aside, which we would appreciate the Minister’s assurances on, we will support the orders.