Let me say, first, that we agree that the extension of the NCA’s power to Northern Ireland is a big step forward. I have one or two questions on the Explanatory Memorandum, but I raise them in the context of our agreement that we should be going down the road that is provided for in the order. I suspect that at least some, if not all, my questions will be because I have not fully understood the impact or significance—or lack of significance—of some things contained within the order.
My first question comes under that category of how significant or otherwise the order is. Paragraph 4.6 of the Explanatory Memorandum—I refer to the sentence starting with the last word on the second page—states:
“The effect of the extension of section 48(7) of the 2013 Act, and article 8(8) of the Order, is that these changes are deemed to always have had effect and so are retrospective”.
I am afraid that I have not been able to form a view in my own mind on what, in practical terms, is the effect of a change apparently being made retrospectively. Does that in reality have any impact on anybody or anything? How significant or otherwise is the reference to its being retrospective?
In paragraph 4.7 of the Explanatory Memorandum, the last sentence refers to the fact that,
“These provisions are not yet in force in Great Britain, and the effect of the extension of the provisions to Northern Ireland is that the provisions will be commenced by way of commencement order under the 2013 Act at a later date”.
If I have understood that correctly, the obvious question is: when is the later date? Are we talking about some time ahead or not?
Paragraph 7.1 is on the policy background to the issues that arose when we were discussing the 2013 Act, because the Northern Ireland Assembly would not pass a legislative consent Motion in respect of the provisions relating to the operation of the NCA in Northern Ireland. I just ask for confirmation—I think that this is what all the information in front of me implies anyway—that there are now no problems with any of the parties in Northern Ireland on that issue. Are they all at one with the road that we are going down as far as this order is concerned?
Paragraph 7.3 in the Explanatory Memorandum—once again, I am afraid that this comes into the category of my not understanding how significant or otherwise this is, and whether it means anything or does not really mean anything at all—refers to the fact that:
“The Order also makes modifications to the way ‘relevant NCA provisions’ will be exercised in Northern Ireland”.
I simply ask again: what are those modifications in practical terms? Do they mean anything of any substance, or are we talking about minor details?
Paragraph 7.4 then sets out some of the requirements. The first is:
“The requirement for the Secretary of State to consult strategic partners in Northern Ireland before setting strategic priorities for the NCA in Northern Ireland”.
Is it considered likely that those strategic priorities will be very similar for the NCA in the United Kingdom as a whole, or is it envisaged that there will almost definitely be strategic priorities that are very much related to Northern Ireland and not to anywhere else—and, if so, what kind of strategic priorities might they be if they are going to be significantly different from elsewhere in the United Kingdom?
Paragraph 7.4 of the Explanatory Memorandum refers to,
“The requirement for the Director General of the NCA to consult strategic partners in Northern Ireland when preparing an annual plan … including the Department of Justice in Northern Ireland … and obtain the consent of the Department of Justice in Northern Ireland before issuing any annual plan”.
So we have a scenario where, in setting the strategic priorities, it is for the Secretary of State to consult strategic partners, but the actual issuing of any plan seems to need the consent of the Department of Justice in Northern Ireland. Why is it that the strategic priorities and the preparation of the annual plan require consultation, but the issuing of any plan—which, presumably, is about implementing the strategic priorities—requires the consent of the Department of Justice in Northern Ireland? Is it potentially a blockage if, apparently, you cannot issue the plan unless you have the consent of the Department of Justice in Northern Ireland? Why is one part of it consultation, and why when it comes to the issuing of the plan is consent required? What is the significance of that?
Paragraph 7.5 states that the provisions are to include:
“A duty on a member of the PSNI or any other person operating in Northern Ireland charged with the duty of investigating organised crime or serious crime to co-operate with NCA officers in the discharge of NCA functions”.
Will there be any facility for the NCA to be able to second PSNI officers to assist them with their work in Northern Ireland, or will it always be done on the basis of co-operation rather than secondment?
My next question again probably comes under the category of not understanding the order fully. In paragraph 7.5, the fifth bullet point states:
“Those powers can only be exercised where a Northern Ireland general authorisation is in place and the powers are exercised in accordance with that authorisation”.
Is this order the general authorisation, or is the general authorisation something else that somebody has to give? If so, who is the person who has to give it? As I say, my question probably arises from not having fully understood what the order is saying.
Paragraph 7.5 goes on to say that the powers can be exercised also where,
“a general authorisation and an operational authorisation are in place and the powers are exercised in accordance with the operational authorisation”.
What can a National Crime Agency officer with powers and privileges of a constable not do in Northern Ireland that they could do in Great Britain with similar powers? Is there any distinction, or is the order simply giving them the same powers in Northern Ireland as they would have in the rest of Great Britain?
Paragraph 7.9—it is a fairly long paragraph, but I am referring to the seventh bullet point onwards, which is over the page—states:
“Paragraph 9 provides that the Director General must attend a meeting of the Northern Ireland Policing Board if given a reasonable period of notice … Paragraph 11 provides for inspections by the Chief Inspector of Criminal Justice in Northern Ireland. Those inspections must relate to NCA officers exercising NCA functions in Northern Ireland … Paragraph 14 provides that the Secretary of State must consult the Department of Justice in Northern Ireland before asking HMIC to carry out an inspection that relates specifically to NCA activity in Northern Ireland”.
Have I read that correctly? Can two inspectors, the Chief Inspector of Criminal Justice in Northern Ireland and HMIC, both carry out inspections of NCA activity and functions in Northern Ireland and, if so, why? If I have read it correctly—and I may have misunderstood it—why do we need both of them capable of carrying out inspections? If that is the case, is it not a bit of overkill?
Finally, under the heading “Impact”, paragraph 10.2 states:
“NCA officers in Northern Ireland are currently engaged in activity that does not require them to exercise the powers and privileges of a Northern Ireland constable”.
How many NCA officers are already engaged in activity in Northern Ireland and how many is it anticipated there will be once the powers in the order come into force?
3.45 pm