Serious Crime Bill [HL]

My Lords, I say to the noble Viscount and to the noble Baroness that I hope I can reassure them that their fears of significant change to the detriment of Northern Ireland are simply unfounded. There is common ground between us on the merits of merging the key functions of the Assets Recovery Agency with the Serious Organised Crime Agency. We are also at one on the excellent work that the Assets Recovery Agency has done in Northern Ireland, which is rightly held in very high esteem by both politicians and the general public. The Government’s clear aim is for that success and for the current level of asset recovery activity against criminals in Northern Ireland to continue after the merger. To ensure that our aim is realised and in recognition of the high profile, public confidence and notable success achieved by the Assets Recovery Agency in Northern Ireland in tackling organised crime through the recovery of assets, we have made specific provision in the Bill requiring the Serious Organised Crime Agency to appoint and designate one of its staff as a person with responsibility for the agency's assets recovery effort in Northern Ireland. We do not expect there to be significant cost relating to that merger. That is the same requirement that was imposed on the director of the Assets Recovery Agency in the Proceeds of Crime Act 2002. The 2002 Act did not require the director of the Assets Recovery Agency to set up a separate unit in Northern Ireland. Equally, we do not believe it would be appropriate to make specific provision in this Bill for such a unit to be established by SOCA. However, I am able to give a specific assurance that SOCA will have an assets recovery unit in Northern Ireland for the foreseeable future. I believe that such a commitment deals with the essence of this amendment. The aim of SOCA is to reduce crime and harm from those who would seek to commit such crime in Northern Ireland and to seize and to confiscate the assets so obtained. That exercise cannot happen without efforts in the Province itself. There will be no reduction in the attack on organised crime in Northern Ireland through the recovery of assets. We have given assurances that the resources currently made available to the Assets Recovery Agency will be retained in Northern Ireland for the purpose of proceeds-of-crime work. There will be no change in the drive to make criminals pay for their ill gotten gains. I want to make it absolutely clear that assets recovery work in Northern Ireland under SOCA will take account of local priorities. Assets recovery effort will continue to be aimed at local priority targets in the community who, if they were in England or Wales, might be of lesser interest to SOCA but are very important in a Northern Ireland context. The close working relationship that the Asset Recovery Agency has established with the Irish Criminal Assets Bureau is very valuable in the pursuit of criminal assets on both sides of the border and we are committed to continuing the close co-operation when ARA and SOCA are merged. What we want to avoid is imposing on SOCA and locking it into a rigid operating model for the future of asset recovery work in Northern Ireland. This amendment limits SOCA's ability to change its structures to ensure they are as effective and efficient as possible as regards the recovery of criminal proceeds and in the light of possible future developments. For these reasons we find the amendment unhelpful and would have to resist it. In his letter to my right honourable friend Peter Hain, the Secretary of State for Northern Ireland, the Home Secretary mentioned an action plan on assets recovery and that action plan will soon go out for consultation on how we will achieve our challenging new targets and on the new ways to transform asset recovery. I cannot give specific details at this stage but there will be a separate action plan on asset recovery for Northern Ireland and that plan will be published. All ARA staff, whether based in England or Belfast, will have the opportunity to transfer to SOCA or the National Policing Improvement Agency. Every possible opportunity will be taken to ensure that we retain the current staff and experience in ARA in Belfast. We cannot guarantee that some will not take the opportunity to leave, but it will remain business as usual. It will be a matter for the director-general of SOCA to determine how best to use his staff in Northern Ireland following the merger. No decisions have yet been taken about the exact shape of the new organisation in Northern Ireland or the total number of staff to be based in Belfast following the merger but there will be no reduction in the resource available for asset recovery work in Northern Ireland. Under the Cabinet Office statement of practice, staff will be offered appropriate opportunities in line with their competencies. All staff will be kept fully informed of the progress of the merger project and both organisations have well established mechanisms and are fully committed to engaging with trade unions regarding the merger. On the practicalities, a tripartite merger project has been set up with representatives of all three agencies to ensure smooth transition that maximises the expertise and best practice of each organisation. I hope I have said enough to reassure the noble Viscount, Lord Bridgeman, and the noble Baroness that we have taken every step possible to make sure that the good work and fine results we have been able to secure in Northern Ireland are preserved and that there will be proper opportunity to enhance and develop the work as we would deem appropriate. I hope that the noble Lords opposite will be content with that.