National Crime Agency

Oliver Colvile Excerpts

Wednesday 22nd October 2014 Commons Chamber

[Naomi Long]

The point that I am making is that we have no access to the skills, and I will go on to outline what that entails. We are talking here not about minor crime, but about serious and organised crime. Others have already mentioned the 140 to 160 organised crime groups that are active in Northern Ireland. It is estimated that there are 800 active criminals engaging in drug dealing, fuel laundering, waste dumping and the increasing problem of cybercrime.

Northern Ireland is used as a transit as well as a destination country by human traffickers. Once criminals start operating across jurisdictions and international boundaries, as many crime groups do, the PSNI needs the active support of the NCA. As the hon. Member for East Londonderry (Mr Campbell) pointed out, the Irish authorities recently benefited from that support to seize a yacht carrying a very significant amount of cocaine. It is beyond ironic that the Garda Siochana is currently willing and able to benefit from the support of a UK law enforcement body that the UK region of Northern Ireland cannot yet fully access.

The PSNI needs to be able to tap into NCA resources to undertake or assist operations. If it cannot access those resources, its officers will be taken away from other local policing work in order to replicate a model in a less effective manner than is already available elsewhere.

There are examples of where the PSNI has not been able to access resources, and I trust that they will answer the question of the hon. Member for Beckenham (Bob Stewart). The PSNI needed support from the NCA on a number of occasions, including on Operation Notarise, which was about online child abuse. It could not get the same support as British police forces. Let me be clear as to why that was. If the predicated offences are devolved in nature, it is not possible for the NCA to assist in the financial investigation, and no Proceeds of Crime Act 2002 powers can be exercised by NCA officers in respect of those crimes.

There have been a number of occasions when the PSNI has sought financial investigator assistance from the NCA in relation to money-laundering investigations, but because they were predicated on a crime of cannabis cultivation, it was unable to access the assistance because it was a devolved matter.

[Oliver Colvile (Plymouth, Sutton and Devonport) (Con)]

The hon. Lady is making a strong point, but, as she knows, the Northern Ireland Affairs Committee, of which she is a member, is holding an inquiry into on-the-runs. Does she feel that if the NCA had been in existence in Northern Ireland there would have been no excuse for the PSNI and the Metropolitan police not to know that the letters had been sent out, effectively allowing terrorists to go free?

[Naomi Long]

I do not think that the NCA would have had any impact there, not least because the NCA followed the locus and time of when those issues took place. However, close co-operation is important.

There have also been times when the NCA has been the correct authority to take a lead in a situation, as opposed to just providing support and skills to the PSNI. For example, there have been issues around drug distribution in Northern Ireland from supply chains across England and Europe, and the NCA has been unable to take a lead on the ground.

The hon. Member for Folkestone and Hythe (Damian Collins) talked about where the gaps in the service exist. On one occasion, the NCA had to request PSNI assistance to search the homes of Northern Ireland drug suspects who were involved in a wider crime investigation. The PSNI officers in question were diverted to another more serious task at the time, leading to a delay in those searches, which could have jeopardised the inquiry into the criminal gang. That has to be dealt with. The PSNI is already losing officers from local police work to cover work that could be passed to the NCA. As the current Budget cuts kick in, the effect of that on the ability to provide the services the public demands will become more and more evident.

Those examples show that delays occur when the NCA has to go through the PSNI because of lack of constable status, and that could compromise UK-wide and international investigations. That situation will get worse as the resources become more strained.

The NCA is also the United Kingdom's centre of expertise in many specialist areas such as cybercrime and child exploitation—areas in which we should all be aiming to ensure that the people of Northern Ireland have the best protection available. Support in the form of advice is available because the director general of the NCA is making every effort to work around the current impasse, but the PSNI does not have access to operational assistance. For example, in the absence of constabulary powers, the NCA can only provide support to the PSNI and it is restricted to assistance in relation to British or international issues. It cannot intervene on the ground.

Then there is the issue of civil recovery, to which I alluded in an earlier intervention: that is, the ability to target the assets of local criminals and disrupt their work and cash flows. That ability has been lost in respect of devolved criminality since 7 October last year. Unlike other areas, that is not being hampered or reduced: it is lost.

Those are all reasons why dealing with the National Crime Agency is urgent. The proposal paper that the Minister, my colleague David Ford, has put forward after working with the Home Office, the Northern Ireland Office, the police, the NCA and others sets out clear and extensive accountability arrangements in line with local requirements and represents a sound and final proposal to enable progress. Additional accountability arrangements proposed by the Minister of Justice include: the accountability of the NCA to the Policing Board, as the director general would have to attend meetings when requested, consult the board on his plans for Northern Ireland to secure its prior consent and take into account the Policing Board’s plans; the fact that the NCA could not exercise constabulary powers or covert investigation powers without the agreement of the Chief Constable, who is, of course, accountable to the Policing Board; and the fact that unlike for SOCA, complaints about the NCA’s functions in Northern Ireland would all be subject to investigation by the police ombudsman.

On the question of things not being placed in statute, I can confirm that it is absolutely the case that the offer to place this in statute is a real offer that will be followed through. There has been no question about that other than the one raised with no evidence to back it up in the House today. There is no question of insufficient accountability. Indeed, the accountability arguably exceeds that of the PSNI and certainly exceeds that of the NCA in any other jurisdiction of the United Kingdom.

These are matters of some great urgency. We have now waited for two years to have the support and assistance of the NCA and to play our full role as a region in protecting the citizens of this country and many other countries from the work of organised crime gangs. It is time for those who are dragging their heels to move forward, have this implemented and do the right thing by the global citizens who are affected by these crime networks.