UK Parliament / Open data

Serious Crime Bill [Lords]

Proceeding contribution from Tony McNulty (Labour) in the House of Commons on Tuesday, 12 June 2007. It occurred during Debate on bills on Serious Crime Bill [Lords].
Well, if that information is to hand—and I do not know whether it is or not off the top of my head—I will certainly make sure that it is available to the hon. Gentleman, but I repeat that we think that elements in the Bill will improve the situation and take it forward, so that it is made far better than it has been, not least for the reasons suggested by the hon. Member for Rugby and Kenilworth (Jeremy Wright). As we have said, we plan to merge the key functions of the Assets Recovery Agency with the Serious Organised Crime Agency. To return to the point made by the hon. Member for Rugby and Kenilworth, we believe that that will maximise the skills and expertise of both agencies. We have given unequivocal assurances that there will be no reduction in resources or effort on the recovery of criminal assets in Northern Ireland, particularly after the merger. We are making provision—again, this will help with the hon. Gentleman’s point—for the Asset Recovery Agency’s powers to pursue the civil recovery of the proceeds of crime in the High Court to be shared between SOCA and the main prosecuting bodies. Extending those powers to prosecutors will enable them to be used more often against more people’s assets. The Asset Recovery Agency’s responsibilities for the training and accreditation of financial investigators will transfer properly to the National Policing Improvement Agency. The Bill also further extends powers in the 2002 Act. These include allowing suitably trained and accredited financial investigators to seize and detain suspect cash and to execute search warrants. Financial investigators will also be given investigation powers to help prepare their cases for the forfeiture of detained cash before the courts. To improve asset recovery performance and processes further, we aim to table in Committee some additional amendments to the Proceeds of Crime Act. We propose to give the main prosecuting agencies investigatory powers in civil recovery proceedings. We will also enable prosecutors to represent the police and Her Majesty’s Revenue and Customs in cash forfeiture proceedings in the magistrates courts. To protect the value of a defendant’s assets under restraint, we propose to amend the provisions on the appointment of management and enforcement receivers. Finally, we need to make some amendments to the Serious Organised Crime and Police Act 2005 to support the transfer of the Assets Recovery Agency’s functions to SOCA and the prosecuting bodies. All those measures will improve asset recovery as a result of the merger. Clause 77 makes certain surveillance powers that are currently available to Her Majesty’s Revenue and Customs for investigations into serious crime involving ex-Customs and Excise matters also available to HMRC for investigations into serious crime involving ex-Inland Revenue matters. That is a consequence of the merger of the two organisations. The Under-Secretary of State for Northern Ireland, my hon. Friend the Member for Wythenshawe and Sale, East (Paul Goggins), has made clear the desire to provide Her Majesty’s Revenue and Customs with statutory authority to disclose its information to relevant bodies for civil enforcement purposes connected with the recovery of proceeds of crime. HMRC would then be allowed to share information with the Criminal Assets Bureau that operates in the Republic of Ireland. The result would be better progression of cases where we are seeking to restrain or freeze assets belonging to individuals suspected of being involved in organised crime, both in Northern Ireland and more widely across the UK. That is an outline of the substance of the Bill. I said at the start that I wanted to deal with two aspects that were imposed on the Government in the other place and which, for reasons that I shall set out, we shall resist.
Type
Proceeding contribution
Reference
461 c669-70 
Session
2006-07
Chamber / Committee
House of Commons chamber
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