I am grateful to the hon. Gentleman for that intervention, if only because it allows me to clarify that it is our intention to abide by the Sewel convention. We are not in the business of facing down, as he puts it, elected representatives in Northern Ireland, as we want to proceed with their approval and consent.
It is worth making it clear to the House that the NCA will still have a role in Northern Ireland, as there is a danger that a casual observer of our deliberations might think otherwise. I can confirm that some types of cross-border crime will fall within the remit of the NCA in Northern Ireland, even in its constrained form. For example, the NCA in Northern Ireland will be able to tackle immigration or customs offences. The NCA and CEOP will continue to be able to co-operate with partners in Northern Ireland and we are seeking to mitigate the operational impact of the situation we find ourselves in.
The NCA and CEOP will continue to operate in Northern Ireland, but it is worth saying that that operation will be curtailed as a result of the absence of legislative consent. In a way, that illustrates the wider point. There will be an NCA function in Northern Ireland and obviously we hope and believe that it will benefit the people of Northern Ireland. It will not be as comprehensive as we would have wished, but there is provision for it to be made more comprehensive in the future, as and when the political will and consensus in Northern Ireland provides for that.
Let me deal briefly with the non-Government amendments. New clause 2, tabled by the right hon. Member for Delyn, seeks to provide for a review of the NCA within 12 months of Royal Assent. I think I said earlier that the NCA would come into effect in October 2013, but for the avoidance of doubt let me clarify the Government’s position. We wish the NCA to come into effect by the end of 2013. Our target date is October, but that will obviously depend on matters that are not necessarily directly within our control, including potential issues to do with Parliament.
The new clause asks for a review during the 12 months after Royal Assent. Obviously, we want to keep a close eye on the effectiveness and accountability of the NCA when it is up and running and that is a core job of Government and Parliament, but the Government do not believe that an additional formal review mechanism
is necessary. There are plenty of other means by which Ministers and Parliament can examine the progress made by the NCA and by which Parliament can examine the actions and decisions of Ministers.
Amendment 3 would make the director general’s power to provide assistance to any overseas Government or body subject to the prior approval of the Secretary of State. It is worth noting that there is no equivalent requirement for the Secretary of State to seek consent in statute for SOCA, HMRC or the security and intelligence services. We see no reason why we should create unnecessary statutory barriers to continuing the good work that already happens. Day-to-day assistance between the NCA and its overseas partners will be so routine that it would be completely impractical to require the Secretary of State to give consent in every instance.
On amendments 95 and 102, I must say that it was refreshing to hear the principal argument being made by the hon. Member for Hayes and Harlington (John McDonnell), who made the case for trade unionism. Those points were not given more than a passing and cursory airing in Committee and were not raised by the Labour Front Bench, so we are not minded to agree to the amendments given that, as I understand it, there is consensus among the political parties that the Government are right and the Labour party enthusiastically supports the Government’s position on the trade unions.