Serious Crime Bill [HL]

moved Amendment No. 118: 118: Clause 66, page 36, line 38, at beginning insert ““Subject to subsection (3A),”” The noble Viscount said: The amendment is in my name and the names of my noble friend Lord Glentoran and the noble Baroness, Lady Harris of Richmond. My noble friend apologises to the Committee, but he is currently engaged on the Northern Ireland Bill that will come to the Chamber later this evening. Clause 66 marks the start of the Government’s provisions to bring the work on the recovery of assets closer to the intelligence-gathering and investigative functions carried out by the Serious Organised Crime Agency. The Minister stated at Second Reading that that would allow for easier sharing of information and intelligence and would maximise the skill and expertise of both agencies. The Explanatory Notes state: "““On such day as an order under clause 66(1) provides, the Assets Recovery Agency (which is established by section 1 of, and Schedule 1 to, the Proceeds of Crime Act 2002 ... and the corporation sole that is its Director, will cease to exist ... Such an order is to be made by statutory instrument, but it is not subject to any parliamentary procedure ... Schedule 7 amends POCA and other relevant legislation to repeal or transfer functions currently conferred on the Assets Recovery Agency ... and its Director””." Meanwhile, "““Schedule 8 enables the Secretary of State to make a scheme to provide for the transfer of both the Director and staff of the ARA together with its property, rights, liabilities and other matters to SOCA or the National Policing Improvement Agency””," which was established by last year’s Police and Justice Act. Amendments Nos. 118 and 119 would insert a new subsection to ensure that the transfer of the director, staff and everything else of the ARA can occur only subject to the director of SOCA locating within Northern Ireland a unit of SOCA responsible for asset recovery work specifically in Northern Ireland. The Northern Ireland Affairs Committee in another place said in its report Organised Crime in Northern Ireland: "““Paramilitary organised crime continues to threaten the stability of communities in Northern Ireland and poses a real threat to future political progress. We are deeply concerned by the control which paramilitary groups from both communities continue to exercise over those communities, the fear that this creates and the attendant negative consequences that this has for the reporting of organised crime””." As my noble friend Lady Anelay kindly highlighted at Second Reading, my noble friend Lord Glentoran and I are concerned that the proposed merger will mean a narrower focus. The Police Service of Northern Ireland is particularly worried that that narrowing will effectively result in a reduced focus on Northern Ireland, with the risk, for example, that the intimidation of neighbourhoods and persistence of protection rackets in sectors of the local economy will simply not appear high enough on any scale of the SOCA priorities in London. The House of Commons committee believed that the Assets Recovery Agency had made a significantly positive start within a short space of operational time. Indeed, it envisages the ARA continuing to play a key role in action against organised crime. Paragraph 40 of the report states: "““We welcome the growing number of referrals to the Agency, and the Agency’s assurance that it pursues all viable cases referred to it, regardless of whether the cases have a loyalist or republican link. We cannot stress enough the importance of the law enforcement agencies in Northern Ireland continuing to refer cases they believe can be pursued by the Agency””." I also highlight the attention that the committee drew to the better success record of the Criminal Assets Bureau in the Republic of Ireland and the additional powers that the CAB there enjoys. I would be interested to know how the Minister envisages the proposed ARA-SOCA set-up working with the CAB. Can the Minister inform the Committee whether the Government took into account that Commons committee report when drafting the Bill? Indeed, have they consulted the Police Service of Northern Ireland or the Government of the Republic of Ireland in considering the provisions in the Bill? I understand that both consider that Northern Ireland’s particular circumstances have been overlooked and are concerned that there will be a cut in the resources available for asset recovery work—resources that the committee considered inadequate in the light of the particular circumstances of Northern Ireland. What assurances can the Minister give us that resources will not be filtered away from Northern Ireland asset recovery work? Will she undertake to consider a review of the adequacy of the resources in the light of the Commons committee’s conclusions? It would seem to be an appropriate time if everything is to be merged. I understand that Vernon Coaker has suggested in another place that the merged SOCA-ARA body will have a designated officer responsible for Northern Ireland. A designated officer is not good enough, especially if he or she is not even based in Belfast. Will the Minister please clarify the situation and explain why, if there is to be a designated officer, the Government have not considered maintaining a unit that is actually based in Northern Ireland, as the amendment suggests? It would be a great help if, in her reply, the Minister could confirm that the Government will transfer all the Northern Irish ARA responsibilities to SOCA. Alternatively, is there truth in the rumour that tax evasion work may be transferred to Revenue and Customs? Asset recovery work is best pursued with the necessary dedication and vigour by people on the ground rather than by those based far away in London. It is essential that staff have an in-depth understanding of the history and peculiarities of Northern Ireland. The ARA has successfully built up a significant working relationship with the Garda and with units in the United Kingdom, the USA and beyond. Indeed, I believe that the measure of the ARA’s success is that it is said to be hated by the paramilitaries. It is essential that those who have built up working relationships with the police service and other key agencies there are not lost, thereby setting back work possibly for months, if not longer. The Minister acknowledged that the ARA has contributed to the total amounts recovered in recent years and has made a significant impact in disrupting serious criminal groups and freezing their assets. What commitment can she provide to the Committee that the service that the Government have provided for Northern Ireland will not be lost in the newly merged units? In summary, we would like a dedicated unit, based in situ in a dedicated team with its own management and, most important, its own budget. We do not want a situation in which work cannot be undertaken in Northern Ireland because the budget has been used up in Birmingham. We also wish to make certain that the money recovered in Northern Ireland is reinvested in Northern Ireland. I beg to move.