Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2008

I thank noble Lords for those points. The noble Viscount is right that this is a technical amendment. It is much more constrained than the noble Baroness thinks. It is important to remember that once this designation order comes into force—there are a number of countries in Europe where it will also be coming into force—it will allow orders to be sought only where they relate to a person who is the subject of a US investigation into a criminal offence. It will not cover every citizen coming to the UK. It is much more constrained. The information we are talking about is very precise: a bank account number and details or the name of the person holding that bank account. The order covers a specific area that is being looked at. The large amounts of data being asked for do not relate to this order as it is not in force as yet. We do not think there will be that many requests under this order, but we think it is right because once they have signed it off, we will have an agreement covering every country in the EU. The EU and the US have now signed up, so clearly we need to be part of that. We think the order makes sense because if we are conducting a criminal investigation against a person, it is important to be able to get information about his bank account, if it is held somewhere else. This order is much more restricted than the noble Baroness thinks. I know her concern about the amount of data that can be pulled out and used. This order is much more technical and specific. Her fears and concerns are unfounded in this case. They often are in the other cases, but in this case they certainly are, because the order is much more focused. The noble Baroness asked if I could think of an example of requests that the Secretary of State could refuse. I find it difficult to think of an example because the order is so narrow. It would be strange if a request for data about some details about the bank accounts of someone being investigated was refused. I cannot easily think of a specific case where that would occur. However, it is right that the protection is there just in case there is an occasion to stop the sort of thing that the noble Baroness has fears about. If I have not answered all the questions that were asked, I will get back in writing on them when I have looked at Hansard.