My Lords, as the Minister has reminded us, we are not here to discuss the original legislation but the codes of practice. However, the question is just how successful will the codes of practice be in achieving the goal that is set out in the legislation. These draft codes of practice have been set out to guide law enforcement officers and accredited investigators in the exercise of their functions when conducting investigations under the relevant parts of the Proceeds of Crime Act 2002. Indeed, the codes go through many facets of the investigation of proceeds of crime, including search and seizure warrants, monitoring orders, interview conditions and obtaining evidence from abroad.
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It was not that long ago that we made our thoughts known on the effectiveness of the recovery of criminal assets in the UK. Indeed, the Serious Crime Bill will update further the provisions that we are debating today. Amendments relating to POCA in that Bill were in part a response to the NAO report, which detailed the weaknesses in asset recovery in the UK. The report noted that only 26p out of every £100-worth of confiscation orders imposed by the courts is being taken back from criminals.
During debates on the Serious Crime Bill, we raised concerns about the levels of overseas co-operation and since the investigations code of practice touches upon obtaining evidence from abroad, I will again express our concerns about international co-operation
in this area and the apparent lack of effective consultation on how to strengthen it. I think it is also the case that the pages of guidance for the investigations apply to the National Crime Agency. Can the Minister say how seriously or otherwise asset recovery under the Proceeds of Crime Act is taken in the light of the very recent admission from Mr Bristow, the head of the agency, that more than £1.3 billion owed by convicted criminals to the taxpayer is unlikely ever to be recovered? That is £1.3 billion out of a total of, I think, something like £1.46 billion outstanding from confiscation orders and waiting to be clawed back. Such an approach to asset recovery was described by the chair of the House of Commons Home Affairs Select Committee as “a little depressing”. Surely, few would disagree with that comment.
We are told that in order to implement these amendments to POCA—I think this is in the Explanatory Memorandum—including training as far as the codes are concerned, the National Crime Agency will require about £20,000 for training. We, of course, support the strengthening of legislation surrounding the investigation of proceeds of crime and the relevant codes, but the legislation and codes must not be made merely for show. They must be properly implemented to ensure that the Mr Bigs of this world are not getting away with it. I hope that the Minister will be able to provide some assurance that these codes are going to contribute towards a more effective operation in the areas of concern to which I have referred. Finally, can the Minister assure us that if we are to put further money into the National Crime Agency, the organisation will be in a position to adopt a more effective line in future on the recovery of ill gotten gains?