Proceeds of Crime

Stuart C McDonald Excerpts

Wednesday 20th January 2016 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It is a pleasure to take part in this debate.

The Minister has, indeed, been incredibly persuasive, so he will find no opposition from the SNP Benches. To put it mildly, all Members are enthusiastic about ensuring that the proceeds of crime are confiscated wherever possible and put to good use. In Scotland, the CashBack for Communities scheme has proved enormously successful and popular. It ploughs money recovered from criminals into free community initiatives for young people around the country.

Today, we are concerned with the safeguards that are in place for the powers that are designed to help recover certain proceeds of crime. The powers to detain, search and seize are clearly very invasive, so it is imperative to have appropriate safeguards. I will be helpfully brief, Mr Speaker, and will confine myself to the order on the cash searches code of practice, which is the only one that relates to Scotland.

The code of practice order relates to search powers, which can represent a significant interference with privacy rights. The code of practice must therefore ensure that the use of the powers is fully justified and that consideration is given to whether results could be achieved by less intrusive means. The code of practice must explain clearly what the reasonable suspicion amounts to, as well as making clear the necessity to seek judicial authority, or at the very least the authority of a senior officer, wherever practical. It must also outline how to conduct a proper search. The code appears to do all those things and it is, as the Minister says, essentially a reworking of previous drafts. For those reasons, we have no opposition to the order or the code.

I want to flag up one concern, however. On the one hand, it was a surprise to see a reference on page 4 of the code to the use of the powers by immigration officers. That possibility was not present in the Proceeds of Crime Act 2002. However, a footnote in the draft order explains that the UK Borders Act 2007 provides that part 5 of the 2002 Act should apply to immigration officers as it applies in relation to a constable. On the other hand, having been involved in the scrutiny of the Immigration Bill, I know that it is not a new experience to see police powers being handed out almost like sweeties. Successive Governments seem to have been tempted down that path. I am not saying that customs officers or immigration officers do not, on occasion, require similar powers to those of the police. However, whenever police-like powers are going to be handed to people who are not police officers, we need to be extra-vigilant and to demand a clear operational case and appropriate safeguards.

I would like to highlight the inspection of immigration officers’ powers to enter business premises without a search warrant that was conducted by the chief inspector of the UK Border Agency between October and November 2013. He reported that 59% of the cases he examined did not have the required justification for the use of the power, and that a further 12% had insufficient information for him to form an opinion. He found widespread non-compliance with the guidance, and ineffective processes for ensuring that staff were complying with the legislation and guidance. I could go on, but I believe that those findings cast a light on the need to be very careful when handing police-like powers to officials who are, quite simply, not police officers. We also need to be extra-vigilant when scrutinising the codes that guide the use of those powers, and to question whether the safeguards are sufficient to make up for the fact that they are being used by non-police officers.