Draft Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) (No. 2) Regulations 2022 Draft Armed Forces (Court Martial) (Amendment) Rules 2022

Debate between Nigel Mills and Andrew Murrison

Monday 21st November 2022 General Committees

[Dr Murrison]

My right hon. Friend knows a lot about the issue; indeed, he is too modest, and I entirely agree with the point that he makes. In the time that it has taken him to make his intervention, my extremely good officials have told me that the answer to the question from the hon. Member for Garston and Halewood is approximately 370, which is good. There is significant resource being put into this. I look forward to meeting some of them when I visit Southwick Park very shortly.

[Nigel Mills (Amber Valley) (Con)]

I am glad to see the Minister back in position. He has had more comebacks than Frank Sinatra, but I hope that he is in post for a decent time. I think the purpose of regulations is to require the new tri-service police force to provide a copy of any reports to the commanding officer of those accused of serious crimes. That does not sound very similar to how civilian police forces operate. Will the Minister explain that requirement and what advantages it has? Is there any risk that the person might be tipped off, and that that might hamper the investigation?

[Dr Murrison]

I thought that somebody might ask that, so I asked my officials before coming to Committee. This is a consequential statutory instrument, which simply replicates what is currently the practice under the Armed Forces Act 2021. Without it, the new defence serious crime unit would not be doing the things that service police are already doing. One could argue that commanding officers should not be provided with reports about people under their command. However, in the 2021 Act and its predecessor, the Armed Forces Act 2006, Parliament decided that such a report should be provided. That is the reason we are doing this now, and changing primary legislation is not the function of this Committee. I am sorry if that is an unsatisfactory response to my hon. Friend, but I am very pleased he asked the question because, as I said, I had asked the same.

I think that the Committee will be interested in the victim and witness care unit, which will be set up under the DSCU. The unit will deliver support to victims and witnesses of crime. The unit is being developed in consultation with specialist external organisations, such as the Survivors Trust and the office of the Victims Commissioner, and is expected to be fully operational in early 2023. The regulations deliver on the recommendations of the Henriques review, and mean that the Ministry of Defence will be in a stronger position to respond to serious crime. We will be able to combine resources and specialist skills across the single services under one unit, and will provide an independent, more effective and collaborative approach to policing across defence. I will seek to provide further updates after the DSCU has become fully operational and, in particular, after I have visited in the near future, which I look forward to.

Cross-border Crime

Debate between Nigel Mills and Andrew Murrison

Wednesday 11th March 2015 Commons Chamber

[Dr Murrison]

Part of the difficulty, of course, has been that the PSNI has had to deal with a lot of these matters itself. The Chief Constable will say that he is well resourced, but he has been subject to considerable restraints, as have all police forces in the United Kingdom in recent years. That inevitably has an impact on what he can do. The fact that the NCA has not been able to operate at anything like its fullest extent in Northern Ireland has meant that there has been a deficit in policing in Northern Ireland. That is now, mercifully, being remedied so that the people of Northern Ireland can benefit from the full entirety of policing to which they are entitled. That will clearly have resource implications, which I hope will be beneficial, for the PSNI.

On the question of concerns about the lack of custodial sentences, after running a consultation in summer 2013 the Northern Ireland Department of Justice implemented legislative change in December of that year allowing the referral of unduly lenient excise fraud sentences to the Court of Appeal. The consultation and the resulting measure had the Government’s full support, of course. I can report to the House that in the period 2013-14 six individuals were prosecuted for fuel fraud in Northern Ireland. I accept that that is nothing like enough, given the extent of the problem, but it gives the lie to the suggestion that there have been no prosecutions as there clearly have. However, I would share the assertion made by the right hon. Member for Belfast North (Mr Dodds) that there need to be more. I hope that the introduction of the NCA will play a part in that.

On the specific issue of fuel laundering—

[Nigel Mills (Amber Valley) (Con)]

Will my hon. Friend give way?

[Dr Murrison]

I will in a minute.

Hon. Members might be aware that the UK has worked closely with Ireland to identify a new fuel marker. It will come in in May and represents a significant improvement on the current fuel marker. It gives much more protection against fraud.

[Dr Murrison]

I think that we have exhausted this particular point, and I did say that I would come back to the hon. Gentleman. However, I said that I would give way to my hon. Friend the Member for Amber Valley (Nigel Mills).

[Nigel Mills]

While we are talking about the lack of prosecutions, the sentences that are given out are somewhat more lenient than we might hope for an offence of such seriousness. Does my hon. Friend agree that there is a problem in that a lot of people perceive fuel laundering and illegal sales of tobacco to be victimless crimes whereas—this is certainly the case in Northern Ireland—they are serious organised crime offences that fund other serious activity and should be treated with that seriousness by the public, by all the authorities and by those who give out the sentences when people are caught?

[Dr Murrison]

I agree it is not a victimless crime, as is clear from the figures I have trotted out—there is the cost to the Treasury alone. All of us who rely on the largesse of the public services we enjoy are victims of this crime, so I would certainly agree with my hon. Friend. On the leniency of sentences, I will be interested to see what the Court of Appeal decides.