Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2009

My Lords, it is now some 40 years since I was entitled to put the word "learned" before my name, so it is with some hesitation that I rise to my feet on this important issue raised by my noble friend Lord Onslow. The scale of the extension of powers, the random lack of definition of the extension of powers and the bland way in which they have been commended and accepted thus far startled me as soon as I became aware of them. The list of people to whom they are being extended runs to some 18 pages. My reaction comes with one qualification: I have to declare an interest as a vice-president of the Trading Standards Institute and as president of the Consumers’ Association. The latter appears not to have been consulted about this and would expect to have been. For the Trading Standards Institute, the power to recover money as a surety for handling misappropriated goods has been useful. One should not therefore reject the concept altogether, although I understand why it raises serious anxiety among many of those who have spoken thus far. There should be a fresh rethink about the order and its massive extension of powers. It does damage to a much more modest and cautiously exercised approach. What on earth might the late Graham Page have said in the face of this legislation? In my early days in the other place, his vigilance was sustained and effective. This House today has demonstrated comparable vigilance. It is a matter of great concern that these proposals have extended as far as they have without much more careful consideration. There may be some merit in some aspects of the order if properly exercised with due restraint, but for it to go through unchallenged would be shameful.