This amendment requires the Secretary of State, within 18 months of the day on which this Bill is passed, to lay before both Houses of Parliament a report on the implementation of the Act and its impact on enforcement authorities.
At Second Reading, it was pointed out that, if the measures provided for in the Bill are to be made to bite, the necessary resources will need to be provided. New offences and powers are created in the Bill, together with extensions of existing powers, which will require further resources, both financial and staff.
In response at Second Reading, the Government referred to the sums of money that have been invested in law enforcement agencies since 2006 and under the asset recovery incentivisation scheme over the past three years. I am not sure that that response really addressed the potential concern that had been expressed about the future and the implications for resources if the changes in the Bill in respect of new offences, powers and enhanced powers were to be effectively introduced and applied.
One’s concerns were not helped by the response from the Government to the question asked at Second Reading about the few unexplained wealth orders that were predicted—20 per year. The response was to the effect that it was a conservative estimate—presumably in more senses than one—as opposed to being a definitive indication of how often the unexplained wealth orders would be used. Has that been the basis on which other new and enhanced powers in the Bill have been assessed by the Government, and has it been done in this way to try to dampen down calls for additional resources in the quest to save money?
The Government said at Second Reading that they were already engaging with law enforcement authorities and prosecutors to encourage the use of all the new powers being introduced by the Bill. However, they went on to say that ultimately it would be for the enforcement authorities, which are operationally independent, to decide when and how often to use the new powers in the Bill. That may be true but the extent to, and thoroughness with which, enforcement authorities use the new and enhanced powers in the Bill must ultimately be determined by the level of resources they are given to carry out their new and enhanced role and responsibilities. The issue of the resources that are going to be made available to implement the provisions in the Bill, and about which we have heard very little, is a matter for government.
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In their impact assessment, the Government said that the 2013 serious and organised crime strategy and the 2015 strategic defence and security review set a clear goal of making the UK a more hostile place for those seeking to move, hide or use the proceeds of crime or corruption. Delivering that will not come cheaply, particularly as the Government have already said that this country is unusually exposed to the risks of international money laundering and will, presumably, want the new powers in the Bill to be fully deployed by the enforcement agencies.
The Government said at Second Reading that they would carefully monitor and review the use of unexplained wealth orders once they are introduced. Is it not the
Government’s intention to do that in respect of all the new and enhanced offences and powers in the Bill, not least in relation to the resources available? Is it not the Government’s intention to do it in a way that ensures Parliament is directly involved? That is the purpose of this amendment, which requires a one-off report from the Secretary of State to Parliament on the implementation of the Act covering the issues of additional resources provided and required, based on experience of seeking to implement the provisions of the Act—rather than, as now, on conjecture—the training of staff and the extent to which the enforcement authorities have used the powers provided in the Bill. I beg to move the amendment and await the Government’s response.