Draft Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2022

Holly Lynch Excerpts

Wednesday 26th October 2022 General Committees

[Holly Lynch (Halifax) (Lab)]

As always, it is a pleasure to see you in the Chair, Mr Efford. I thank the Minister for his opening contribution, and I am genuinely pleased to see him in his place this morning.

As the Minister said, the draft statutory instrument will allow the UK and Georgia, Liechtenstein, Luxembourg, the Republic of Moldova, Switzerland and Turkey to seek and invoke mutual legal assistance on criminal matters following ratification of the second additional protocol to the 1959 European convention on mutual legal assistance in criminal matters. Our national security is dependent on maintaining strong relationships and co-operation with our allies abroad, and we welcome any measures that will assist in tackling crime in our country and, where we can assist, overseas.

On the 1959 European convention and its protocols, most of the questions I had about the provisions have been answered. I am satisfied that the framework is comprehensive and facilitates long-standing agreements between the 50 states that have ratified the convention, including the agreement that all parties should be member states of the Council of Europe. I am interested to hear how often requests under the convention are made.

I am particularly interested in section 45 of the Crime (International Co-operation) Act 2003. That Act ratified the second additional protocol to the 1959 convention. Section 45 provides that requests for assistance made under sections 43 and 44 must be sent to the Secretary of State to be forwarded to the relevant authority in the participating country. However, in cases of urgency, the request may be sent directly to the courts that have jurisdiction in the place from which the information is to be obtained. I am concerned that the provision gives cover for those seeking to bypass the need for the appropriate ministerial sign-off, which is significant. An indication of how often that happens would be appreciated.

The provisions on information relating to banking transactions are certainly welcome. The National Crime Agency has warned that billions of pounds in dirty money flow through the UK every year. Recent data published by Experian shows that fraudulent activity costs the UK £190 billion per year. The measures in the National Security Bill and the Economic Crime and Corporate Transparency Bill, alongside the provisions in the draft order, are a long-overdue start on getting a grip on illicit finances.

Pending answers to the questions I have asked, we are satisfied that the draft statutory instrument enacts a long-standing commitment to law enforcement co-operation for the additional countries in question, and we very much welcome the measure.