Draft Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2021 Draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) (Northern Ireland) Order 2021 Draft Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2021 Draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order 2021 Draft Proceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) Order 2021

Conor McGinn Excerpts

Wednesday 26th May 2021 General Committees

[Conor McGinn (St Helens North) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Efford, and to speak for the official Opposition on this important set of orders, which, as we have heard, have the shared purpose of bringing into force five updated Proceeds of Crime Act 2002 codes of practice, reflecting the extension of the Criminal Finances Act 2017 provisions to Northern Ireland.

I want to make it clear from the outset, not unexpectedly, that we fully support today’s orders. The wider provisions are about dealing with serious criminality, and deterring individuals from stepping into it, notably by confiscating their ill-gotten proceeds of crime, and enabling money laundering and terrorist financing to be better tackled. It is welcome that Northern Ireland is now finally able to access the full stretch of Criminal Finances Act powers that have been available to law enforcement agencies and prosecutors elsewhere in the UK for some time.

It is good to see that the provisions of the orders have gained consent from the Northern Ireland Assembly in the somewhat unusual retrospective way that we have discussed, and gained support from the Minister of Justice, Naomi Long. I understand that she initially asked for the powers to be extended back in June 2020, so could the Under-Secretary explain why there was a delay, and whether there were specific reasons for that?

The Opposition support the orders, but I am sure that the Minister will understand that I have several questions, which I hope he can address. As always, in these strange times, given the absence of officials, I am very happy for him to write to me if he cannot answer all of my questions now.

Can the Minister update the Committee on how the Criminal Finances Act 2017 is operating across the UK? Are law enforcement agencies happy with it? Are they being given the tools, resources and training needed to engage fully with it? Is the legislation meeting its full potential? Is it having an impact? I note that the Treasury’s money laundering and terrorist financing risk assessment, published six months ago in December 2020, commented that such illicit activity had only increased—a worrying conclusion.

Can the Minister say how many unexplained wealth orders have been issued? My understanding is that the answer is only four, which seems at first sight relatively few. I noted in the debate on the orders in the other place that Baroness Williams was questioned on Sir Craig Mackey’s independent review of serious and organised crime. Bar the executive summary that we have seen, that review remains unpublished. It includes key findings on funding for law enforcement to tackle serious and organised criminality. Disappointingly, Baroness Williams said that the full review would remain unpublished, although, apparently, relevant partners have been given full sight of it.

I say gently to the Minister, and I have raised this on the floor of the House in another debate, that it is right that the Government can expect the Opposition’s support on such matters, but it is also right that the Opposition invoke what I believe is our entitlement to have the relevant information that we need from the Government. Perhaps we might be able to discuss how the Government might share with the shadow Home Secretary on Privy Council terms, or through a briefing for the wider shadow Home Office team, some of the contents of that report. In the spirit of co-operation on such important issues in the best interests of the country we should be able to share information in an environment of trust. I am sure that we can work out the specific arrangements that are required.

The Opposition fully support today’s orders, and welcome the introduction of the provisions to Northern Ireland at long last. When there is a lot of political discourse around issues that some have in Northern Ireland with the protocol and the continuing threat against police officers from dissident republicans—obviously the issue with the protocol is from loyalists—it is important that we should remember that the motivation for a great number of those people is criminality and illicit activity. The Government should give no credence to paramilitaries who are masquerading as spokespersons for their community. They do not speak for their community, so let us not give them the attention that they crave and desire.

Confiscating the ill-gotten proceeds of criminality and paramilitarism and tackling money laundering and the financing of terrorism remains a key challenge and urgent priority, and we of course welcome the powers that the provisions bring to that task.