Oral Answers to Questions
Ben Wallace Excerpts(6 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mrs Sheryll Murray (South East Cornwall) (Con)
The Minister for Security (Mr Ben Wallace)
I am standing in for the Immigration Minister, but hopefully not for too long.
In addition to the recent introduction of new coastal patrol vessels, Border Force has an ongoing upgrade programme for its cutters. It recently installed new electro-optic surveillance systems on its cutters, and it is currently upgrading radars and replacing the rigid inflatable boats used by cutters to deploy boarding teams to ensure that they remain a highly effective maritime security platform.
Gillian Keegan
Does the Minister believe that the UK Border Force is adequately resourced to safeguard small harbours and landing sites, such as those in my Chichester constituency? Our harbourmaster has already been involved in apprehending people smugglers, working with coastal communities who look out for suspicious activity. Is he considering using volunteers to support patrols in areas such as Chichester harbour or Selsey Bill? Does he agree that there is no substitute for trained and qualified Border Force professionals?
Mr Wallace
By the end of the financial year, the Border Force maritime fleet will have six CPVs and three cutters in the UK, plus two cutters deployed overseas to deal with the issue upstream—one in the Aegean and one in the central Mediterranean. Border Force has invested £108 million in new technology and capability to deal with some of those challenges and will commit a further £71 million this year.
Giles Watling
While I was volunteering with the lifeboats at Walton-on-the-Naze, I learned how important local maritime knowledge is. I believe that such intelligence would be useful to Border Force when solving and preventing crime. Is Border Force engaging with other agencies, including the Royal National Lifeboat Institution, the coastguard and pilot boats, to share intelligence, tackle crime and keep our coastline safe and secure?
Mr Wallace
The key to improving our coastal security is better collection and exploitation of data. Some of that happens through full-time people, but it also happens through the many volunteers who populate the coastal paths and watch stations of our communities. That is why Border Force has set up the multi-agency general maritime intelligence bureau to bring together the existing organisations of HM Coastguard, HM Revenue and Customs, Border Force, the Ministry of Defence, and the bureaux linked directly to the National Maritime Information Centre.
Craig Mackinlay
Will the Minister tell the House what other measures the Government are undertaking to protect and secure the UK border?
Mr Wallace
Border Force, the National Crime Agency, the police and other law enforcement agencies are working with international partners to secure our borders from a range of threats, including modern slavery, human trafficking and terrorism. Over the past two years, Border Force has invested £108 million and £71 million.
Mrs Sheryll Murray
In addition to the vital work of Border Force vessels, will my right hon. Friend congratulate the Royal Navy and other agencies on ensuring that the rules are enforced in our fishing waters?
Mr Wallace
Many people forget that our border is manned not just by Border Force but by HM Revenue and Customs, the Royal Navy, which does an amazing job on fisheries protection, and volunteers, both through the Royal National Lifeboat Institute and the coastguard. Together, they form a large set of eyes to keep watch on our coastline. That is why we have developed Operation Kraken to ensure that all reported threats go to a central place where they are analysed and acted on.
Melanie Onn (Great Grimsby) (Lab)
Happy new year, Mr Speaker.
The Daily Telegraph today reports that new checks will be introduced at ports to help to stop the import of dangerous high-powered laser pens. Does this mean that the ports of Immingham and Grimsby will see more Border Force staff to help with these new checks?
Mr Wallace
What the hon. Lady will see is better use of the information we have now to target our resources in the right places. Just sending Border Force officers or customs officers to turn up randomly usually has no effect at all. If we can base it on information and work well with shippers, such as Fast UK Parcel, and all sorts of organisations shipping such contraband into the country, we can make sure that the right resources are delivered to the right places.
David Hanson (Delyn) (Lab)
The Minister will know that his own figures show that 27 of the 62 small ports had no visit whatsoever from a Border Force operative over 12 months last year. That will not be solved by volunteers; it needs Border Force staffing.
Mr Wallace
The right hon. Gentleman will know from his previous job that the borders are policed not just by Border Force but by counter-terrorism officers, HMRC officers, coastguard officers and fishery protection officers. On top of that, as he will also know, the voluntary network of people such as the RNLI are the eyes and ears, and when a report is made, a suspicion raised or intelligence received, the National Crime Agency and others attend the scene to deal with it.
Pete Wishart (Perth and North Perthshire) (SNP)
And there is another body to be added to that list. Over Christmas we learned of the Government’s plans to put in place a special volunteer force to help police our coastal communities. This Dad’s Army-type operation is apparently to be responsible for helping keep us safe and protect us from terrorism. I wonder if the Minister is going to come to the Dispatch Box and say, “We’re doomed”, or complacently tell us, “Don’t panic!”
Mr Wallace
The only people who are doomed are the Scottish National party. Unlike the hon. Gentleman, I have actually worn a uniform. He will know that uniformed services rely on a range of specials and Territorial Army support to meet the specialist requirement we need. All uniformed services should be able to take advantage of the good will people want to provide, and if we want to use specials and Territorial Army support, we will.
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
Happy new year from my party, Mr Speaker.
Given what the Minister just said about the role of the Royal Navy, is it not rather worrying when we read about all these Royal Navy warships being tied up at harbour and not at sea?
Mr Wallace
I am sure the hon. Gentleman wants to make sure that our naval ships put to sea are properly serviced and properly equipped for their latest patrol. That is why ships tie up in port—not for any other reason—and why we deploy ships when needed to match the threat. He will also know that fishery protection vessels are often up and down the north-east of Scotland, where his constituency is located.
Sir David Amess (Southend West) (Con)
The Minister for Security (Mr Ben Wallace)
The Government take the threat of cyber-crime extremely seriously, which is why we have committed to spending £1.9 billion to support the national cyber-security strategy. This includes boosting the capabilities of the National Crime Agency’s national cyber-crime unit and investing in the cyber teams within regional organised crime units to bolster our response.
Sir David Amess
The Jazz Centre UK, a UK-wide charity with its headquarters in Southend—yet another reason why Southend should be a city—recently had £10,000 hacked from its account. Will my right hon. Friend reassure us on what further safeguards can be put in place for vulnerable charities to protect them from cyber-crime?
Mr Wallace
I am grateful to my hon. Friend. If he writes to me with the details of that case, I will be happy to look into it for him. I am particularly concerned because where something is hacked, it is usually called a “cyber-enabled” crime, which often gets a reimbursement from financial institutions. In general, we have invested in the National Cyber Security Centre in order to stop that type of fraud. It is out there, busy advising many organisations, voluntary and large scale, about what they can do to make themselves safer online. It is also why we are investing in technology to try and counter it.
Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
Cyber-crime is one of the fastest-growing forms of crime, but after we have left the EU, the European Commission will still issue directives that relate to tackling cyber-crime; Europol will still continue to operate to apprehend criminals; and the European Court of Justice will still issue rulings. What steps is the Home Office taking to ensure the continued alignment of UK laws and regulations in this field—
Mr Wallace
We are working on a third party treaty to address just that. It is absolutely our intention to continue collaborative working in all areas of security with our international partners, whether they be in Europe or further afield, because that is the way to solve it.
Mr Speaker
I do apologise if I missed something extremely valuable. If I did, I suggest that the right hon. Member for Hackney North and Stoke Newington (Ms Abbott) place it in the Library of the House, where I imagine it will be regularly and exhaustively consulted.
Mark Pawsey (Rugby) (Con)
The Minister for Security (Mr Ben Wallace)
The Payment Systems Regulator is working with the joint fraud taskforce and the National Crime Agency to invest in new technology to improve the speed of funds repatriation.
Mike Amesbury (Weaver Vale) (Lab)
Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)
Will the Home Secretary tell the House what we are doing to support schools to identify when the dark web is accessed through apps that are free to download? This is how some of our most vulnerable children are accessing footage of ISIS beheadings and other disturbing imagery, which is fuelled by extremists who are trying to get new recruits.
Mr Wallace
My hon. Friend is right to raise these real concerns about online access, which is why the Department for Education and the Home Office work together on campaigns such as Cyber Aware to bring good computer hygiene and caution into the classroom so that children are not exploited online. It is also why the Government invest in the Prevent programme to make sure that the people doing this are brought to justice and that the online space is not the dangerous place it could be.
Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
In Staffordshire, 106 councillors from Staffordshire County Council and Stoke-on-Trent City Council unanimously oppose the commissioner’s proposal to take over the running of the fire service. He is progressing with that despite there being no public support. Why are the opinions of one commissioner worth more than those of 106 councillors?
Prevention and Suppression of Terrorism
Ben Wallace Excerpts(6 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Security (Mr Ben Wallace)
I beg to move,
That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2017, which was laid before this House on 18 December, be approved.
The threat level in the United Kingdom, which is set by the joint terrorism analysis centre, remains at severe. This means that a terrorist attack on our country is highly likely and could occur without warning. We can never entirely eliminate the threat from terrorism, but we are determined to do all we can to minimise the threat to the United Kingdom and our interests abroad, as well as to disrupt those who would engage in it. Recognising that terrorism is a global threat that is best tackled in partnership, it is also important that we demonstrate our support for other members of the international community in their efforts to tackle terrorism wherever it occurs.
Proscription is an important part of the Government’s strategy to disrupt the activities of terrorist groups and those who provide support to them. The order would add four groups to the list of proscribed organisations by amending schedule 2 of the Terrorism Act 2000: al-Ashtar Brigades, including its aliases Saraya al-Ashtar, Wa’ad Allah Brigades, Islamic Allah Brigades, Imam al-Mahdi Brigades and al-Haydariyah Brigades; al-Mukhtar Brigades, including Saraya al-Mukhtar; Hasam, including Harakat Sawa’d Misr and Harakat Hasm; and Liwa al-Thawra. This is the 22nd proscription order under the 2000 Act.
The proscriptions send a strong message that terrorist activity is not tolerated wherever it happens. Under section 3 of the Act, the Home Secretary has the power to proscribe an organisation if she believes it is concerned in terrorism. If the statutory test is met, the Home Secretary may then exercise her discretion to proscribe the organisation. The Home Secretary takes into account a number of factors in considering whether to exercise that discretion. These include: the nature and scale of an organisation’s activities; and the need to support other members of the international community in tackling terrorism.
The effect of proscription is that a listed organisation is outlawed and unable to operate in the United Kingdom. It is a criminal offence for a person to belong to, invite or provide support for, or arrange a meeting in support of, a proscribed organisation. It is also an offence to wear clothing or carry articles in public, such as flags that arouse reasonable suspicion that an individual is a member or a supporter of a proscribed organisation.
Proscription sends a strong message to deter fundraising and recruitment for proscribed organisations. The assets of a proscribed organisation can become subject to seizure as terrorist assets. Proscription can also support other disruptions of terrorist activity, including for example the use of immigration powers such as exclusion from the UK where the individual is linked to a proscribed organisation and their presence in the United Kingdom would not be in the public interest. Given its wide-ranging impact, the Home Secretary only exercises her powers to proscribe after thoroughly reviewing the available evidence of an organisation. This includes information from both open sources and sensitive intelligence, as well as advice that reflects consultation across Government, including with the intelligence and law enforcement agencies. The cross-Government proscription review group supports the Home Secretary in this decision-making process. The Home Secretary’s decision to proscribe is taken only after great care and consideration of each case, but given the impact the power can have, it is appropriate that proscription must be approved by both Houses. Having carefully considered all the evidence, the Home Secretary believes that al-Ashtar Brigades, al-Mukhtar Brigades, Hasam and Liwa al-Thawra are currently concerned in terrorism.
Although I am unable to comment on specific intelligence, I can provide a summary of each group’s activities in turn. The first group the order proscribes is al-Ashtar Brigades and its aliases. It is a Bahrain-based Shi’a militant organisation established in 2013. Its aim is to overthrow the Bahraini al-Khalifa ruling family through violent militant operations. It lists the ruling al-Khalifa family, Bahraini security forces and Saudi Arabia as targets for attacks. The group has claimed responsibility for numerous attacks in Bahrain, including a jail break of 10 convicted terrorists that led to the death of a police officer in January 2017; an improvised explosive device attack in a bus station in Sitrah, which was claimed by the group under the name Wa’ad Allah Brigades in February; and an attack on a police vehicle near the village of al-Qadeem in July. More generally, the group has incited violent activity against the Bahraini Government, as well as the British, American and Saudi Arabian Governments on social media.
The second group the order proscribes is al-Mukhtar Brigades, also known as Saraya al-Mukhtar, a Bahrain-based Shi’a militant organisation established in 2013. It lists the al-Khalifa ruling family, Bahraini security forces and Saudi Arabia as targets for attacks. The group’s activities include the continued promotion and glorification of terrorism via social media throughout 2017.
The third group to be proscribed is Hasam and its aliases. Hasam is an extremist group targeting Egyptian security forces and the overthrow of the Egyptian Government. It announced its creation on 16 July 2016, following an attack conducted in Fayoum Governorate in Egypt. In September 2016, the group claimed responsibility for the attempted assassination of Assistant Prosecutor General Zakaria Abdel-Aziz and the attempted assassination of former Grand Mufti of Egypt Ali Gomaa a month earlier. The group has claimed responsibility for over 15 attacks between March and September this year in Cairo. It carried out small arms fire attacks in March, May and July, and bomb attacks in March, June and September, the latter exploding close to the Myanmar embassy in Cairo.
The final group to be proscribed is Liwa al-Thawra, another extremist opposition group using violent tactics against Egyptian security forces and aiming at the end of the Egyptian Government. It announced its creation on 21 August 2016, following an attack in Monofeya. The group has claimed responsibility for attacks, including bombings and assassinations, including the attack in Monofeya in Egypt, the assassination of Egyptian Brigadier General Adel Regali in October 2016, and in April 2017 the bombing of the Egyptian police training centre in Tanta, Egypt.
In addition to adding these groups, we propose to remove Hezb-e Islami Gulbuddin from the list of proscribed organisations. The HIG—for short—is an offshoot of the political Hezb-e Islami party and was formed in 1977 in response to the Soviet invasion of Afghanistan. You must forgive me, Madam Deputy Speaker, for my mix of Arabic and Lancashire—it does not make for the best dialect of Arabic or Pashtun, but we will get there. The HIG—I will go easy on people’s ears—is anti-western and seeks the creation of a fundamentalist Islamic state in Afghanistan. Since 2001, its main objective has been the removal of western forces and influence in Afghanistan as well as restoring Islamic law.
The HIG has been proscribed in the UK since October 2005. However, on 22 September 2016, the group agreed to a peace deal with Afghanistan’s Government. After careful consideration, the Home Secretary has concluded that there is not sufficient evidence to support a reasonable belief that the HIG continues to be concerned in terrorism as defined by section 3(5) of the Terrorism Act 2000. Under that section, the Home Secretary has the power to remove an organisation from the list of proscribed organisations if she believes that it no longer meets the statutory test for proscription. Accordingly the Home Secretary has brought forward this order. If the order is approved, HIG will be removed from the list of proscribed organisations, which means that being a member of HIG, or inviting or providing support for it, will cease to be a criminal offence on the day that the order comes into force.
Mike Gapes (Ilford South) (Lab/Co-op)
I broadly support the Minister’s proposals, but how can we be sure that adding organisations to the list in any way makes our authorities effective in combating them, given that in the last few months terrorist organisations have been parading openly with their flags—in Arabic—in the centre of London, and prosecutions have not occurred?
Mr Wallace
Proscription opens up a whole new level of offences for which people can be prosecuted. Proscribing an organisation allows asset-freezing and prosecution, but other offences can be linked to such activity. The hon. Gentleman is right to point out that it is often hard to prove membership—very few of these organisations have membership cards and joining ceremonies—but the order gives our law enforcement agencies more powers with which to prosecute a campaign against them.
The hon. Gentleman also mentioned flags, no doubt referring to Hezbollah and Hamas. Those organisations are not proscribed in their entirety. Their military wings are proscribed, but as Hezbollah forms part of the Government in Lebanon and Hamas plays an active role in its part of the region as a member of a Government, the proscription applies only to the military wing. In some cases the flags are identical, but that does not mean that if people participate in Hezbollah-supporting actions here that constitute terrorism or anything linked to it, our police and law enforcement agencies will not act. We have acted in respect of Hezbollah and Hamas in the past, either to disrupt activity or to bring prosecutions.
We do not condone any terrorist activity, and we always take a cautious approach to de-proscription. De-proscription of a particular group should not be interpreted as the UK Government’s condoning any previous activities of that group. We have always been clear about the fact that HIG was a terrorist organisation. Groups that do not meet the threshold for proscription must remain within the law, and are not free to spread hatred, fund terrorist activity or incite violence as they please. The police have comprehensive powers to take action against individuals who engage in such activity, under the criminal law. We are determined to detect and disrupt all terrorist threat, whether home-grown or international. Proscription is just one weapon in the considerable armoury that is at the disposal of the Government, the police and the security services to disrupt terrorist activity.
The Government continue to exercise the proscription power in a proportionate manner, in accordance with the law. We recognise that proscription potentially interferes with individuals’ rights, particularly those protected by article 10—freedom of expression—and article 11 —freedom of association—of the European convention on human rights, and should be exercised only when absolutely necessary. The order demonstrates that when proscription is no longer necessary, we are prepared to act to de-proscribe groups that are no longer “concerned in terrorism”.
I believe that it is right to add these four groups—al-Ashtar Brigades, al-Mukhtar Brigades, Hasam and Liwa al-Thawra Brigade—and their aliases to the list of the proscribed organisations in schedule 2 of the Act, and, equally, that it is proportionate to remove HIG from the list. Subject to the agreement of both Houses, the order will come into force on Friday 22 December.
Mr Wallace
With the leave of the House, I will reply to the points made by hon. and right hon. Members. I will, if I may, reflect on the tributes that have been made by my hon. Friends the Members for Stirling (Stephen Kerr) and for Broxbourne (Mr Walker) and by other Members of the House to the people who are working, as we speak, to keep us safe.
This morning, in Sheffield and in other parts of the north of England, there were a number of raids in which the police and security services disrupted what potentially was the 10th plot to cause us harm by some pretty determined terrorists, and they will keep going. The results of that raid will mean that investigators and detectives will have to work throughout Christmas and new year. In offices up and down the country, there will be people on duty—I am talking about the emergency services, the police, and intelligence officers. Even a Minister will be on duty at Christmas and new year as well. These people carry out their job unseen, often in some of the harshest conditions. They often have to deal with the aftermath for the rest of their lives, especially if they are first responders, ambulance personnel or police who are on the scene when an attack happens.
Over the past year, I have spent a lot of time in Manchester, meeting some quite remarkable people who were present when the bomb went off and throughout the process. They have never stopped trying to bring justice and comfort to the victims. At the same time, they have to live with the things they saw on that day. Those people not only demand but deserve our respect and support.
The Home Secretary and I strongly believe that al-Ashtar Brigades, al-Mukhtar Brigades, Hasam and Liwa al-Thawra should be added and that HIG should be removed from the list of proscribed organisations in schedule 2 of the Terrorism Act 2000.
In answer to some of the points raised by Members on the Opposition Front Bench, the request for de-proscription of HIG was on 19 September 2017. I cannot comment on who made that request, but there was an application and we responded to it.
I totally agree with the point made by the hon. Member for Torfaen (Nick Thomas-Symonds) about the comments made by the former reviewer of terrorism legislation. For the rule of law and this law itself to be valid, we have to show that we change when the evidence changes. People may be particularly distasteful but when they move into violence or terrorism, we must act. We must also be in a position to help our friends and allies around the world who are sometimes the victims of terrorist organisations, and ensure that their concerns are heard.
Hon. Members have mentioned Hezbollah, Hamas, the Muslim Brotherhood and other groups. Groups such as those are constantly under review to see whether they engage in terrorism. If they do—for example, if the non-military wing is viewed as not separate—we will review the situation, use the law and take the required steps. Proscription works: 51 people have been charged with membership of proscribed groups and 32 have been convicted. There are currently 71 proscribed international groups and 14 Northern Ireland groups. The law enforcement agencies often tell us how useful proscription is, and we will always listen to any changes they request. Indeed, we would also listen if they felt that the regime did not work. I am sure that Opposition Front Benchers would do exactly the same. Proscription is a tool for us to stay within the rule of law.
Over the past few weeks and months, we have heard a lot about dealing with terrorism. The big thing that we have heard on the difference between us and terrorists is that we believe in the rule of law with the oversight of this House. We make sure that we are better than them. Measures such as proscription are very important in forcing the Government, quite rightly, to mark out why they think something should be proscribed, and in holding those groups to account. But when the evidence changes, we change with it.
Hon. Members mentioned Brexit. As we have said and will continue to say, we seek tools similar to the European arrest warrant, which we find incredibly useful. It helps us and our law enforcement agencies. The Home Office and the Department for Exiting the European Union published a security paper that made many of those points clear.
The hon. Member for North Durham (Mr Jones) said that there are no new resources for the police. I am sorry to correct him, but today we announced £71 million more money for counter-terrorism policing. That is new money, on top of the £24 million increase we gave the police in response to the attacks and the £144 million armed uplift that we gave them post-Nice to ensure that our armed police are well-equipped to deal with threats.
Mr Jones
From a sedentary position on the Treasury Bench, the hon. Gentleman says that I was wrong, but I was not. In Durham and other places, the flat budget for police funding from central Government will have to be made up by local taxpayers. Taking into account the pay increase and inflation, that will amount to a real-terms cut.
Mr Wallace
I heard the hon. Gentleman during the statement earlier. The question I could ask about the police funding settlement is: will police have more to spend on policing in their force areas after the statement today by the Minister for Policing and the Fire Service? The answer is yes. We can argue about whether this is from the core grant plus the precept, but the reality is that the police will be spending more on policing in the next year than they were last year. That is a fact.
Madam Deputy Speaker (Dame Rosie Winterton)
Order. I really want to ensure that we return to the subject of this debate.
Mr Jones
For counter-terrorism, the Minister is correct; there will be more money for counter-terrorism. But unless he can read the tea leaves and predict that every single policy authority will put the maximum on local precepts, he cannot give the undertaking on frontline policing that he has just given.
Mr Wallace
No Minister at this Dispatch Box can ever guarantee what a police force will do, because the police have independence in their forces. If the hon. Gentleman were on this side of the debate, he would not be able to give guarantees because he would know that police forces have operational independence. How much is spent is a matter for the police and crime commissioner and the police. That is why some forces have grown their reserves—some by over 100%. [Interruption.] Not Durham. I think it is the one force that probably has not. That is because the chief constable is from Lancashire; he is a proper chief constable—it takes one to teach people.
On the points raised by the hon. Member for Strangford (Jim Shannon) about online, which was mentioned by many other Members, the Government recognise the real challenges. That is why, a number of years ago, we set up the CT referral unit, which has seen 300,000 pieces of offensive or terrorist material taken down on request. It is a permanent unit that requests, and works with, communications service providers to take that material down.
However, of course we have said that we want the providers to do more. We want them to invest some of their very large profits in technologies to improve the speed of these things. We think they can do more, and that is why my right hon. Friends the Home Secretary and the Prime Minister, through the Global Internet Forum, are leading international efforts to deal with this issue.
One of the challenges, obviously, with online is that many of these people are based overseas, and as much as I would like to take immediate action in some areas, we simply do not have the power to do that in other countries. It is incredibly frustrating to the Government that, on National Action, which we proscribed almost this time last year, an internet company in the United States refuses to take down some of its propaganda and some of its material. I have not checked whether it has been taken down in the last few days, but that situation is incredibly frustrating, and we are working with the United States to apply more pressure in that space.
I have already answered the points around Hezbollah and Hamas. I would say to my hon. Friend the Member for Redditch (Rachel Maclean) that it is right that the point about what the services do is absolutely clear. That is why proscribing organisations gives the services extra power to their elbow to deal with them. It also means that people charged with terrorist offences—TACT offences—can and will often receive much more hefty sentences. That is why we are determined to continue at the moment to use this legislation.
I would like to put on record my thanks to the Labour party, the Scottish National party and the Democratic Unionist party for their support for this measure tonight. Proscription is not targeted at any particular faith or social group, but it is based on clear evidence that an organisation is concerned in terrorism. It is my and the Home Secretary’s firm opinion that, on the basis of the available evidence, all four groups in the order meet the statutory test for proscription and that it is appropriate in each case for the Home Secretary to exercise her discretion to proscribe these groups. The proscription of these groups demonstrates our condemnation of their activities. Proscribing them will also enable the police to carry out disruptive action against any supporters in the UK and to ensure that they cannot operate here.
It is also our firm opinion that, on the basis of the available evidence, HIG no longer meets the statutory test for proscription. However, as with all groups, we will continue to monitor its activity to make sure that it stays within the rule of the law and abides by the law. It is therefore appropriate in this case for the Home Secretary to remove HIG from the list of proscribed organisations in accordance with the de-proscription process set out.
Madam Deputy Speaker, may I wish you, and all Members of the House, a safe and secure Christmas? May I ask that Members remind their constituents to be vigilant over the festive period? Unfortunately, the threat has not gone away. However, I hope that, by being vigilant and by supporting our law enforcement agencies, our intelligence services and our other emergency services, all Members have a safe and happy Christmas. Therefore, I commend the order to the House.
Question put and agreed to.
Resolved,
That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2017, which was laid before this House on 18 December, be approved.
Draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order 2018
Draft Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2018
Draft Terrorism Act 2000 (Code of Practice for Authorised Officers) Order 2018
Ben Wallace Excerpts(6 years, 5 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Security (Mr Ben Wallace)
I beg to move,
That the Committee has considered the draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order 2018.
The Chair
With this it will be convenient to consider the draft Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2018 and the draft Terrorism Act 2000 (Code of Practice for Authorised Officers) Order 2018.
Mr Wallace
It is a delight to serve under your chairmanship this early morning, Mr Bailey.
The three orders give effect to revised codes of practice, providing guidance and acting as an important safeguard on the use of investigatory powers in the Proceeds of Crime Act 2002 and on the use of powers in relation to terrorist property under the Anti-terrorism, Crime and Security Act 2001. Those two pieces of legislation provide strong powers in the fight against crime and terrorism. In particular, the powers relate to investigation and the recovery of assets that are the proceeds of crime or are terrorist property. Obviously, exercising the powers can involve interference with people’s privacy and property, so the purpose of the codes of practice is to provide guidance to law enforcement officers on the lawful and proportionate exercise of the powers. They safeguard the proportionate, effective and consistent use of the powers.
The codes may be revised, or new ones created, in the light of legislative changes. The three revised codes before the Committee are consequential on changes made in POCA and ATCSA by the Criminal Finances Act 2017. Two of the codes relate to POCA: one relates to law enforcement officers and is issued by the Secretary of State, and the other contains guidance for prosecutors and is therefore issued by the Attorney General. The POCA and ATCSA powers have been strengthened and expanded by the 2017 Act. Once commenced, the powers will give officers important new tools to assist with investigations and to recover assets, supporting the Government’s commitment to fight terrorism and make the UK a hostile environment for those seeking to move, use and hide the proceeds of crime and corruption.
The powers to which the codes relate will not initially be commenced in Northern Ireland, because in the absence of an Assembly we have been unable to obtain the necessary legislative consent to commence the powers relating to devolved matters in the 2017 Act. I assure the Committee that we are working with the authorities in Northern Ireland to address and remedy the issue as soon as possible. For the time being, the codes, in so far as they apply to Northern Ireland, will cover only existing POCA powers. The ATCSA provisions apply across the whole United Kingdom and thus include Scotland. The POCA provisions to which these codes relate are for England and Wales only and do not extend to Scotland.
The three codes build on previous codes issued under POCA and ATCSA. The codes provide an important safeguard and reassurance that the powers are being used properly and proportionately. We plan to commence the majority of the new and amended POCA and ATCSA powers on 31 January 2018. Once approved, the codes will come into operation at the same time as the powers. The new powers to which the amended codes relate have already been debated, and the 2017 Act received Royal Assent in April, with cross-party support. We are therefore not debating the powers themselves, but considering the codes that give guidance on their use. The amended codes of practice are required as a result of the introduction of new investigatory powers and some amendments to existing ones, as well as new seizure, detention and forfeiture powers under ATCSA.
In line with the requirements in both POCA and ATCSA, the Secretary of State must prepare and publish a draft of any new or revised code, consider any representations made and modify the draft as appropriate. A public consultation has been undertaken on all the codes before the Committee today. More detail on the consultation can be found in the accompanying explanatory memorandum.
One order relates to a code that deals with the use of investigatory powers by law enforcement officers under chapter 2 of part 8 of POCA. The revised code caters for new and amended powers introduced by the 2017 Act—notably, unexplained wealth orders. Unexplained wealth orders will provide an enforcement authority with the ability to require an individual or company to explain how specified property was obtained, and may state that specific documents or information are to be provided in order to establish whether property has been legitimately obtained. There is a further section relating to disclosure orders, which has been considerably revised. Notably, disclosure orders will now be available to law enforcement agencies in money laundering investigations.
In addition, the code provides guidance on the use of the two new categories of investigation introduced by the 2017 Act: detained property investigations and frozen funds investigations. Those new investigations support the powers to forfeit certain listed items of property, such as precious stones and works of art, and to forfeit funds in bank or building society accounts. The kind of investigators who may apply for these orders are clearly set out in the revised code, as are the procedure and statutory requirements for applying. The code sets out the issues that agencies and officers should consider before making an application.
The code has been revised in consequence of the extension of powers to the officers of the Serious Fraud Office and the Financial Conduct Authority, and in the light of the fact that Her Majesty’s Revenue and Customs is now being given civil recovery powers, including those of investigation. There is a similar code providing guidance for prosecutors using the investigatory powers. As that code relates to prosecutors, it is issued by the Attorney General, although it is substantially the same as the one issued by the Secretary of State. The order bringing that code into effect is also before the Committee today. As the two codes are essentially the same in substance and in their procedures and provisions, I am discussing them together and, in this instance, on behalf of the Attorney General.
The third order gives effect to a revised code of practice made under the Terrorism Act 2000 for officers exercising asset recovery powers conferred on them through the terrorist property provisions of schedule 1 to ATCSA. The code has been updated to reflect the amendments made to the Terrorism Act and ATCSA by part 2 of the 2017 Act, including a new power administratively to forfeit “terrorist cash” and new civil recovery powers to seize, detain and forfeit listed terrorist assets and terrorist money held in bank and building society accounts. I repeat the essential point that these revised codes ensure the targeted, proportionate and effective use of the powers.
On the nature of the guidance, the codes ensure that officers consider the rights of the person—in particular, their right to free enjoyment of their property—and the impact on their community. It provides the process that officers should follow when arriving at a decision to use the relevant powers and in their execution. The codes also ensure that there will be a full paper record in relation to the use of the powers. The training provided by the National Crime Agency to all financial investigators includes familiarity with the codes. It is also important to note that codes have been in place for the use of these POCA powers since their commencement in 2003 and that they have acted as a safeguard in ensuring the powers are used in a measured and relevant manner. The revised codes will ensure that that will continue. I therefore ask the Committee to approve the orders, and thereby give effect to the codes of practice.
Mr Wallace
I thank both Opposition spokespersons for their constructive criticism. POCA was introduced by a Labour Government, and successive Governments have built on that good piece of work to ensure that we take away the property that terrorists acquire through organised crime and money laundering. I think that spirit carried through to the Criminal Finances Act 2017, which was also supported by all parties. The Government made concessions to both the SNP and the Labour party on matters such as the use of betting slips and Scottish limited partnerships; we too have concerns about their misuse.
The codes of practice are needed because unpicking the complex web that criminals weave to hide their money requires skills and training, but also guidance on navigating through the plethora of relevant law. They manage to hide their money through exploiting that complicated legal structure, and we must equip ourselves to counter what they do.
In answer to the point made by the hon. Member for Sheffield, Heeley, first, we already have Crown Prosecution Service specialists. Some activities, such as terrorist financing, are not as prevalent as people might think, but they are important and potentially dangerous, so we have those specialists. In regional organised crime units there are specialised proceeds of crime units, specifically set up to recover assets and implement confiscation orders. That specialist group is funded not only through home forces and the Home Office, but from some of the receipts from asset recovery; the asset recovery incentivisation scheme funding is ploughed back in. We decided, in line with our manifesto, that above the 2015-16 baseline of recovery, all assets—100%—will be returned to law enforcement agencies and the people involved in the prosecution, to put funding back in.
On police cuts, I hear what the hon. Lady says about numbers, and I understand the threat that we are up against. I do not dispute that we have had to make some tough decisions on policing, as we have elsewhere, but it is not just a numbers game; powers are important. Also, fighting terrorism and crime in the 21st century is different from when I was fighting terrorism in the early 1990s. How terrorists and criminals do business is different and we have to change the way we deal with it. Although, as the hon. Lady points out, there may have been reductions affecting some aspects of policing, there have been increases for the intelligence services and technical capabilities, which have taken our counter-terrorism funding from £11.7 billion to £15.2 billion—a 30% increase. I do not think that there has been such an increase in funding anywhere else in the public sector over the spending period.
We recognise the threat, and that we must deal with it. We will deal with it not just through the police but through the broader counter-terrorism family, including intelligence services, and—in the Prevent duty area—local government and schools, as well as, upstream, places such as GCHQ, so that we keep one step ahead of organised criminals and terrorists. I urge the Committee to support the orders. We will be happy to get on with the job, and I should be happy to go with the hon. Member for Sheffield, Heeley to meet some of the terrorist financing specialists, to see how they go about what they do.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) Order 2018.
DRAFT PROCEEDS OF CRIME ACT 2002 (INVESTIGATIVE POWERS OF PROSECUTORS: CODE OF PRACTICE) ORDER 2018
Resolved,
That the Committee has considered the draft Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2018.—(Mr Wallace.)
DRAFT TERRORISM ACT 2000 (CODE OF PRACTICE FOR AUTHORISED OFFICERS) ORDER 2018
Resolved,
That the Committee has considered the draft Terrorism Act 2000 (Code of Practice for Authorised Officers) Order 2018.—(Mr Wallace.)
Draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order 2018
Draft Proceeds of crime Act 2002 (Cash Searches: Code of Practice) Order 2018
Draft Prceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) (England and Wales and Scotland) Regulations 2018
Draft Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018
Ben Wallace Excerpts(6 years, 5 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Chair
I call the Minister to move the first motion and speak to all four instruments. At the end of the debate, I will ask him to move the other motions formally.
The Minister for Security (Mr Ben Wallace)
I beg to move,
That the Committee has considered the draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order 2018.
The Chair
With this it will be convenient to consider the draft Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2018, the draft Proceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) (England and Wales and Scotland) Regulations 2018 and the draft Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018.
Mr Wallace
It is a privilege to serve under your chairmanship, Ms Buck.
Criminals go to great lengths to hide the proceeds of their crimes and exploit any opportunities to frustrate the recovery of such proceeds by the authorities. We need to stay ahead of that problem. That is why the Criminal Finances Act 2017 was passed in April, with cross-party support from the Labour party and the Scottish National party, for which I was grateful. The Act strengthens and extends existing powers to trace and recover criminal assets. The powers most relevant to this debate are those relating to the forfeiture of certain items of property that are either the proceeds of crime or intended to be used to further criminal activity.
Codes of practice protect the public by ensuring the appropriate and proportionate use of new powers. In this case, that includes search and seizure powers, which are used by a wide range of law enforcement officers in connection with various investigations. Three of the draft statutory instruments before the Committee bring into force revised and new codes of practice providing guidance on powers of search, seizure and detention of property to support enforcement of confiscation orders; search powers for criminal cash; and search powers relating to the new power to seize certain listed assets, such as precious metals and stones. The final draft instrument makes a minor technical amendment to an existing provision of the Proceeds of Crime Act 2002 to take account of the creation of a new power to forfeit listed assets. POCA provides tough powers in the fight against all levels of crime and was introduced under a Labour Government.
The use of those powers can involve significant interference in the rights of persons in respect of their privacy and property. The purpose of the codes of practice is to provide guidance to officers who use those powers and an assurance to the public that they are being used correctly. The codes act as a safeguard to ensure effective, consistent and proportionate use of the powers. The POCA powers were significantly strengthened by the Criminal Finances Act 2017. The new, extended and strengthened powers will give officers important tools for the recovery of criminally obtained assets. They form part of the Government’s commitment to making the UK a hostile environment for those who seek to move, use and hide the proceeds of crime and corruption.
Two of the codes before the Committee are revisions of previous codes issued under POCA and closely follow the procedures established in those codes. They also follow a similar approach to the codes issued more widely to police officers under the Police and Criminal Evidence Act 1984. The third code is new, but follows the approach in the existing POCA and Police and Criminal Evidence Act codes. The new powers that give rise to those codes have been debated extensively by both Houses, resulting in the Criminal Finances Act receiving Royal Assent in April. We are therefore not debating the powers themselves, but considering the codes that give guidance about their use.
Importantly, some matters in POCA are devolved to the Northern Ireland Assembly. Members may recall that the Assembly was dissolved during the passage of the Criminal Finances Act, meaning that a legislative consent motion could not be obtained. A commitment was made on the Floor of the House not to commence any legislation relating to devolved matters without the appropriate consent being in place. In line with that commitment, there is nothing in these codes relating to the new powers that is a devolved matter in the competence of the Northern Ireland Assembly. I assure the Committee that we are working with the authorities in Northern Ireland to commence those powers as soon as possible.
A separate combined code of practice has been drafted in respect of searches by constables in Scotland in relation to the civil forfeiture of listed items of property and the civil forfeiture of cash. A public consultation is being undertaken. The code is expected to come into force in the spring, and I hope that it does.
The amendments to POCA that require these new and amended codes of practice are the new power to forfeit listed assets; the expanded powers relating to search and seizure to prevent the dissipation of property that may subsequently be used to satisfy a confiscation order; the extension of search powers to a range of law enforcement agencies, notably the Serious Fraud Office; and the change of the definition of cash for the purposes of cash seizure and forfeiture powers to include gaming vouchers, fixed-value casino tokens and betting slips. During the passage of the Criminal Finances Act, I distinctly remember the Scottish National party raising the issue of betting slips. The Government recognised that and have included related measures in the Act and therefore the codes.
POCA stipulates that the Secretary of State must prepare and publish a draft of any new or revised codes, consider any representations made and modify the draft as appropriate. A public consultation on all the codes before the Committee was carried out this summer and amendments were made to the drafts accordingly. The explanatory memorandum addresses the consultation in detail.
The first order brings into effect a new code of practice, providing guidance on the use of search powers for the recovery of listed assets, such as precious metals and watches, that are suspected to be the proceeds of crime or intended for use in crime. The second code of practice relates to search and seizure powers in England and Wales to prevent the dissipation of property that might be used to satisfy a confiscation order. That has been revised to take account of the extension of powers to the Serious Fraud Office and a change in the authorisation process for the powers for certain civilian financial investigators. Those amendments to the code are both purely consequential.
The final code relates to search powers for the seizure and detention of cash. These amendments are also purely consequential. The code required revision due to three amendments to the cash provisions. These are an amendment to the definition of cash, the extension of powers to SFO officers and an amended definition of senior officers who can provide prior approval for the search powers. The three instruments will bring the codes of practice into effect. We will therefore have safeguards in place on the use of the powers, and that will enable full commencement of the POCA amendments that I have described.
The final instrument makes a technical amendment to an existing provision in POCA. The approach in POCA is that when property has been recovered, it cannot become subject to further recovery action under the Act; that would be recovering the same property twice. Given the new forfeiture powers that have been introduced by the Criminal Finances Act, further powers need to be brought within that safeguard. The regulations provide that property forfeited by the High Court under the new listed items powers cannot subsequently become liable to future civil recovery action.
I ask the Committee to approve the orders, thereby giving effect to the codes of practice and making the small addition to the safeguard in POCA against double recovery.
Mr Wallace
I am grateful for the points made by the hon. Member for Swansea East. I can set her mind at rest: we are not in any way envisaging that G4S, Serco or anyone else will be empowered by these new powers. I have heard her points about resourcing the correct individuals to pursue the proceeds of crime. There are two parts to that. First, there were many valid points in reports published by the Public Accounts Committee and the Home Affairs Committee about 18 months ago. I have used those reports as a reference to try to push for better recoveries. Some of those points were about basic day-to-day processes that have not always been undertaken, such as police officers not routinely loading confiscation orders on to the police national computer. Those orders are a matter of public record, so it would not be obvious to a police officer who stopped someone driving around in Lancashire in a brand new Range Rover that they happened to have a confiscation order outstanding. We are on our way to improving that.
On reinvesting, we took a decision in line with our manifesto to return 100% of ARIS funds—the proceeds of crime that were taken—above the baseline of the assets recovered last year when the amount returned was 50%. At the moment, any money taken off organised crime by regional organised crime units, for example, goes back only into the asset recovery part of that organisation. Some police lobby for it to go across the broader spectrum, and others have said it must be incentivised and remain in the proceeds of crime part of the organisation. We are trying to unlock more money to address that issue.
Alongside resourcing is the issue about powers. POCA was a good Act, but it has to be kept up to date. Some of the decline in recovery is partly because some bad guys switched from cash to mobile stores of value—betting slips, jewels and all the other things—which is why we have to move to stay one step ahead. We have also started doing quite a lot. With the National Crime Agency and HMRC, we have invested in an international network to try to ensure we get assets when they are overseas—I have been abroad to visit some of that and recover some of the assets.
One of the challenges with recovering the proceeds of crime is that sometimes dirty money has already been washed, so it is not as straightforward as just grabbing it. That is why we included unexplained wealth orders in the Criminal Finances Act 2017, which effectively reverse the burden of proof. If someone rocks up as unemployed who owns a £1 million house—we all have some of those people in our communities—they have to prove how they got it. That is an important message.
I understand the issue about resource and ensuring that we give the police the powers and resources they need. We recognised that in the last spending round by protecting police spending, but I also recognise the increasing pressures on our police, so I would still like to see more. We hope that the Criminal Finances Act goes a long way towards giving them those extra powers and building on POCA. Part of the challenge has been that POCA is massively complicated and requires lots of specialists to interpret it because the criminals are massively complex in hiding their money. I wish there was an easy answer.
This is the right step. These codes of practice are as much about protecting our constituents to ensure that police and other people do not overstep how they use the powers—some of which are quite powerful—as they are about making it easier for a detective sergeant or whoever to go after the money in the first place. We will be pushing them; I push them quite a lot to get more. I ask them the questions and, where there is a resource issue, I try to address it; I hear what the hon. Member for Swansea East said.
Question put and agreed to.
DRAFT PROCEEDS OF CRIME ACT 2002 (CASH SEARCHES: CODE OF PRACTICE) ORDER 2018
Resolved,
That the Committee has considered the draft Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2018.—(Mr Ben Wallace.)
DRAFT PROCEEDS OF CRIME ACT 2002 (RECOVERY OF LISTED ASSETS: CODE OF PRACTICE) (ENGLAND AND WALES AND SCOTLAND) REGULATIONS 2018
Resolved,
That the Committee has considered the draft Proceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) (England and Wales and Scotland) Regulations 2018.—(Mr Ben Wallace.)
DRAFT CRIMINAL FINANCES ACT 2017 (CONSEQUENTIAL AMENDMENT) REGULATIONS 2018
Resolved,
That the Committee has considered the draft Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018.—(Mr Ben Wallace.)
Draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order 2018
Draft Proceeds of crime Act 2002 (Cash Searches: Code of Practice) Order 2018
Draft Proceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) (England and Wales and Scotland) Regulations 2018
Draft Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018
Ben Wallace Excerpts(6 years, 5 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Chair
I call the Minister to move the first motion and speak to all four instruments. At the end of the debate, I will ask him to move the other motions formally.
The Minister for Security (Mr Ben Wallace)
I beg to move,
That the Committee has considered the draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order 2018.
The Chair
With this it will be convenient to consider the draft Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2018, the draft Proceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) (England and Wales and Scotland) Regulations 2018 and the draft Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018.
Mr Wallace
It is a privilege to serve under your chairmanship, Ms Buck.
Criminals go to great lengths to hide the proceeds of their crimes and exploit any opportunities to frustrate the recovery of such proceeds by the authorities. We need to stay ahead of that problem. That is why the Criminal Finances Act 2017 was passed in April, with cross-party support from the Labour party and the Scottish National party, for which I was grateful. The Act strengthens and extends existing powers to trace and recover criminal assets. The powers most relevant to this debate are those relating to the forfeiture of certain items of property that are either the proceeds of crime or intended to be used to further criminal activity.
Codes of practice protect the public by ensuring the appropriate and proportionate use of new powers. In this case, that includes search and seizure powers, which are used by a wide range of law enforcement officers in connection with various investigations. Three of the draft statutory instruments before the Committee bring into force revised and new codes of practice providing guidance on powers of search, seizure and detention of property to support enforcement of confiscation orders; search powers for criminal cash; and search powers relating to the new power to seize certain listed assets, such as precious metals and stones. The final draft instrument makes a minor technical amendment to an existing provision of the Proceeds of Crime Act 2002 to take account of the creation of a new power to forfeit listed assets. POCA provides tough powers in the fight against all levels of crime and was introduced under a Labour Government.
The use of those powers can involve significant interference in the rights of persons in respect of their privacy and property. The purpose of the codes of practice is to provide guidance to officers who use those powers and an assurance to the public that they are being used correctly. The codes act as a safeguard to ensure effective, consistent and proportionate use of the powers. The POCA powers were significantly strengthened by the Criminal Finances Act 2017. The new, extended and strengthened powers will give officers important tools for the recovery of criminally obtained assets. They form part of the Government’s commitment to making the UK a hostile environment for those who seek to move, use and hide the proceeds of crime and corruption.
Two of the codes before the Committee are revisions of previous codes issued under POCA and closely follow the procedures established in those codes. They also follow a similar approach to the codes issued more widely to police officers under the Police and Criminal Evidence Act 1984. The third code is new, but follows the approach in the existing POCA and Police and Criminal Evidence Act codes. The new powers that give rise to those codes have been debated extensively by both Houses, resulting in the Criminal Finances Act receiving Royal Assent in April. We are therefore not debating the powers themselves, but considering the codes that give guidance about their use.
Importantly, some matters in POCA are devolved to the Northern Ireland Assembly. Members may recall that the Assembly was dissolved during the passage of the Criminal Finances Act, meaning that a legislative consent motion could not be obtained. A commitment was made on the Floor of the House not to commence any legislation relating to devolved matters without the appropriate consent being in place. In line with that commitment, there is nothing in these codes relating to the new powers that is a devolved matter in the competence of the Northern Ireland Assembly. I assure the Committee that we are working with the authorities in Northern Ireland to commence those powers as soon as possible.
A separate combined code of practice has been drafted in respect of searches by constables in Scotland in relation to the civil forfeiture of listed items of property and the civil forfeiture of cash. A public consultation is being undertaken. The code is expected to come into force in the spring, and I hope that it does.
The amendments to POCA that require these new and amended codes of practice are the new power to forfeit listed assets; the expanded powers relating to search and seizure to prevent the dissipation of property that may subsequently be used to satisfy a confiscation order; the extension of search powers to a range of law enforcement agencies, notably the Serious Fraud Office; and the change of the definition of cash for the purposes of cash seizure and forfeiture powers to include gaming vouchers, fixed-value casino tokens and betting slips. During the passage of the Criminal Finances Act, I distinctly remember the Scottish National party raising the issue of betting slips. The Government recognised that and have included related measures in the Act and therefore the codes.
POCA stipulates that the Secretary of State must prepare and publish a draft of any new or revised codes, consider any representations made and modify the draft as appropriate. A public consultation on all the codes before the Committee was carried out this summer and amendments were made to the drafts accordingly. The explanatory memorandum addresses the consultation in detail.
The first order brings into effect a new code of practice, providing guidance on the use of search powers for the recovery of listed assets, such as precious metals and watches, that are suspected to be the proceeds of crime or intended for use in crime. The second code of practice relates to search and seizure powers in England and Wales to prevent the dissipation of property that might be used to satisfy a confiscation order. That has been revised to take account of the extension of powers to the Serious Fraud Office and a change in the authorisation process for the powers for certain civilian financial investigators. Those amendments to the code are both purely consequential.
The final code relates to search powers for the seizure and detention of cash. These amendments are also purely consequential. The code required revision due to three amendments to the cash provisions. These are an amendment to the definition of cash, the extension of powers to SFO officers and an amended definition of senior officers who can provide prior approval for the search powers. The three instruments will bring the codes of practice into effect. We will therefore have safeguards in place on the use of the powers, and that will enable full commencement of the POCA amendments that I have described.
The final instrument makes a technical amendment to an existing provision in POCA. The approach in POCA is that when property has been recovered, it cannot become subject to further recovery action under the Act; that would be recovering the same property twice. Given the new forfeiture powers that have been introduced by the Criminal Finances Act, further powers need to be brought within that safeguard. The regulations provide that property forfeited by the High Court under the new listed items powers cannot subsequently become liable to future civil recovery action.
I ask the Committee to approve the orders, thereby giving effect to the codes of practice and making the small addition to the safeguard in POCA against double recovery.
Mr Wallace
I am grateful for the points made by the hon. Member for Swansea East. I can set her mind at rest: we are not in any way envisaging that G4S, Serco or anyone else will be empowered by these new powers. I have heard her points about resourcing the correct individuals to pursue the proceeds of crime. There are two parts to that. First, there were many valid points in reports published by the Public Accounts Committee and the Home Affairs Committee about 18 months ago. I have used those reports as a reference to try to push for better recoveries. Some of those points were about basic day-to-day processes that have not always been undertaken, such as police officers not routinely loading confiscation orders on to the police national computer. Those orders are a matter of public record, so it would not be obvious to a police officer who stopped someone driving around in Lancashire in a brand new Range Rover that they happened to have a confiscation order outstanding. We are on our way to improving that.
On reinvesting, we took a decision in line with our manifesto to return 100% of ARIS funds—the proceeds of crime that were taken—above the baseline of the assets recovered last year when the amount returned was 50%. At the moment, any money taken off organised crime by regional organised crime units, for example, goes back only into the asset recovery part of that organisation. Some police lobby for it to go across the broader spectrum, and others have said it must be incentivised and remain in the proceeds of crime part of the organisation. We are trying to unlock more money to address that issue.
Alongside resourcing is the issue about powers. POCA was a good Act, but it has to be kept up to date. Some of the decline in recovery is partly because some bad guys switched from cash to mobile stores of value—betting slips, jewels and all the other things—which is why we have to move to stay one step ahead. We have also started doing quite a lot. With the National Crime Agency and HMRC, we have invested in an international network to try to ensure we get assets when they are overseas—I have been abroad to visit some of that and recover some of the assets.
One of the challenges with recovering the proceeds of crime is that sometimes dirty money has already been washed, so it is not as straightforward as just grabbing it. That is why we included unexplained wealth orders in the Criminal Finances Act 2017, which effectively reverse the burden of proof. If someone rocks up as unemployed who owns a £1 million house—we all have some of those people in our communities—they have to prove how they got it. That is an important message.
I understand the issue about resource and ensuring that we give the police the powers and resources they need. We recognised that in the last spending round by protecting police spending, but I also recognise the increasing pressures on our police, so I would still like to see more. We hope that the Criminal Finances Act goes a long way towards giving them those extra powers and building on POCA. Part of the challenge has been that POCA is massively complicated and requires lots of specialists to interpret it because the criminals are massively complex in hiding their money. I wish there was an easy answer.
This is the right step. These codes of practice are as much about protecting our constituents to ensure that police and other people do not overstep how they use the powers—some of which are quite powerful—as they are about making it easier for a detective sergeant or whoever to go after the money in the first place. We will be pushing them; I push them quite a lot to get more. I ask them the questions and, where there is a resource issue, I try to address it; I hear what the hon. Member for Swansea East said.
Question put and agreed to.
DRAFT PROCEEDS OF CRIME ACT 2002 (CASH SEARCHES: CODE OF PRACTICE) ORDER 2018
Resolved,
That the Committee has considered the draft Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2018.—(Mr Ben Wallace.)
DRAFT PROCEEDS OF CRIME ACT 2002 (RECOVERY OF LISTED ASSETS: CODE OF PRACTICE) (ENGLAND AND WALES AND SCOTLAND) REGULATIONS 2018
Resolved,
That the Committee has considered the draft Proceeds of Crime Act 2002 (Recovery of Listed Assets: Code of Practice) (England and Wales and Scotland) Regulations 2018.—(Mr Ben Wallace.)
DRAFT CRIMINAL FINANCES ACT 2017 (CONSEQUENTIAL AMENDMENT) REGULATIONS 2018
Resolved,
That the Committee has considered the draft Criminal Finances Act 2017 (Consequential Amendment) Regulations 2018.—(Mr Ben Wallace.)
Oral Answers to Questions
Ben Wallace Excerpts(6 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lucy Frazer (South East Cambridgeshire) (Con)
The Minister for Security (Mr Ben Wallace)
Regional organised crime units are a critical part of the national policing network, and an efficient and effective vehicle for tackling complex and serious organised crime. Since 2013, the Government have invested £140 million in ROCU.
Lucy Frazer
Hare coursing is a regional issue and a serious concern to those in my constituency. What steps are being taken to ensure that local police forces can take measures to stop such offences?
Mr Wallace
I recognise my hon. and learned Friend’s concern about hare coursing. If there is any suspicion that a crime has been committed, the concern should be referred to the relevant police force. Regional organised crime units lead investigations into complex and serious organised crimes. Decisions on investigations adopted by these units that are based on threat, risk and harm are for the police.
Tony Lloyd (Rochdale) (Lab)
Does the Minister accept, though, that as important as the concept of regional co-operation is, organised crime is core business in our large conurbations, including Greater Manchester, Merseyside, West Yorkshire and down here in London, and that nothing should be done at the regional level to stop local police forces driving down against the organisational criminals, who distort and destroy people’s lives?
Mr Wallace
I totally agree with the hon. Gentleman’s observations. Tackling organised crime regionally is only one part of the line. That line goes from the grassroots of policing using local police forces alongside local authorities all the way up to the National Crime Agency, which can use its international reach to ensure that it stops organised criminals becoming suppliers, or becoming bigger and trafficking people, money and drugs.
James Heappey (Wells) (Con)
My hon. Friend the Member for Colchester (Will Quince) wrote an excellent article in The Times last week about county lines for moving drugs around the country, which is an insidious problem in all counties, including Somerset. Will the Minister reassure the House that the regional organised crime units have the connectivity with one another to tackle this inter-regional problem?
Mr Wallace
I am grateful to my hon. Friend for giving me the opportunity to point out what we are doing about county lines. County lines is a growing problem—recently particularly in Merseyside, the south-east and Somerset—whereby some of the worst type of criminals take advantage of mentally ill or vulnerable people, using their properties to supply drugs, hide weapons and so on. The National Crime Agency is taking a part lead, alongside the regional organised crime units, to ensure that we deal with the issue. It is also linking up with local mental health trusts and local authorities to deal with the situation of people who are vulnerable to being exploited.
Ruth George (High Peak) (Lab)
The Minister says that crimes should be referred to the local police force, but my area of Derbyshire has seen 411 fewer police officers in the last eight years, and three police stations in my constituency have closed, in spite of rising crime including knife attacks on Halloween. How does the Minister feel that local police forces will cope with both regional organised crime and local crime?
Mr Wallace
This year, the Government and police and crime commissioners are investing a record sum in regional organised crime units across the country. That is why, in the year alone, there have been convictions totalling 2,375 years and confiscation orders of more than £25 million, half of which can go back into police forces to catch the next lot of bad guys. Regional organised crime units have seized 300 kg of cocaine and 39 kg of heroin, and have safeguarded 65 vulnerable children in a year alone.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
Damien Moore (Southport) (Con)
The Minister for Security (Mr Ben Wallace)
UK law enforcement successfully identified suspects in nine out of 10 of the most serious cyber-crimes from October last year to March this year, and have arrested suspects in seven out of 10 of them. We are demonstrating that cyber-criminals will face the full force of the law—no matter how untouchable they think they are—and will be brought to justice.
Damien Moore
Will my right hon. Friend give the House details about what advice is being given to individuals and businesses so that they can protect themselves online?
Mr Wallace
Following the national cyber-security strategy, the Government set up the National Cyber Security Centre, which issues a range of advice to businesses and individuals. To complement that, the National Cyber Security Centre also helps to support the national campaign, Cyber Aware, the Take Five campaign and Cyber Essentials.
David Hanson (Delyn) (Lab)
In order to help victims of cyber-crime and bring perpetrators to justice, are we expected to be a member of Europol, post our European Union membership?
Mr Wallace
The right hon. Gentleman asks a valid question. Of course, our ambition is to continue in the same way, with access to and from member states. We have made a good offer, and we will see what the European Commission’s offer in response is.
Nick Thomas-Symonds (Torfaen) (Lab)
Last week, the chief executive officer of the National Cyber Security Centre said that, in its first year of operation, the centre had responded to over 600 significant incidents. Some of those threats come from hostile states and from areas of the world that are ungoverned. What practical steps are the Government going to take to build the international coalition that will be required to deal with this issue?
Mr Wallace
The hon. Gentleman raises some really valid questions and points, which we have to build on. That is why, alongside the national cyber-security strategy, we have been working with the National Crime Agency and its international network—we have NCA officers all the way round the world. Embedded in that is the National Cyber Crime Unit. GCHQ, as an intelligence agency, works with many of the member states of the European Union and the “Five Eyes” to tackle this issue. We have seen a number of very successful operations, most recently in December, when, in an operation led by Europol, we took down the Avalanche cloud hosting service that was sending over 1 million fraudulent emails a week.
Mr Virendra Sharma (Ealing, Southall) (Lab)
Lucy Frazer (South East Cambridgeshire) (Con)
The Minister for Security (Mr Ben Wallace)
Like my hon. and learned Friend, I recently met a number of banks to discuss how they can help to keep people safe online. Barclays has done an extremely good job with its latest campaign, as has NatWest; I went to its launch today. The Government work closely with them in the joint fraud taskforce to make sure that we come up with joint responses and help each other fund tackling such problems.
Julie Elliott (Sunderland Central) (Lab)
Mr William Wragg (Hazel Grove) (Con)
The return to the United Kingdom of those who have fought for Daesh is a matter of grave concern. Is my right hon. Friend confident that the Home Office has the necessary powers to deal with them and to neutralise any danger they may pose?
Mr Wallace
My hon. Friend makes a valid point about the threat that these people pose. That is why the Government will where possible—where we have the evidence—prosecute, as we have prosecuted them in the past, people who go to fight, no matter whom they fight with, if they commit an offence overseas. We also use things such as temporary exclusion orders, deprivations of citizenship and terrorism prevention and investigation measures as ways to make sure we mitigate the threat.
Mr Speaker
I call Mohammad—[Interruption.] It is very good of the hon. Member for Enfield, Southgate (Bambos Charalambous) to drop in on us. We are deeply obliged to him. I call Mohammad Yasin.
Maria Eagle (Garston and Halewood) (Lab)
A third of the 110 firearms incidents on Merseyside in the past year resulted in injury—indeed, there was yet another gun injury in my constituency last month. What will the Home Secretary do to make sure that Merseyside police can deal with that increasing threat?
Mr Wallace
I met a number of Merseyside MPs recently to discuss that threat, and I speak to the hon. Lady’s chief constable on the subject every week. After the initial meeting, I looked at proposals being offered by the Home Office. I have asked that we go back and look again for more assistance for Merseyside and the wider region, because more needs to be done. That is why we are investing in the network of regional organised crime units, and I will continue to meet with police to make sure we get some results.
Alex Burghart (Brentwood and Ongar) (Con)
I am sure the whole House will welcome the fact that more women who have been victims of domestic abuse are coming forward to report crimes. What is the Home Office doing to ensure that women are properly supported by the criminal justice system and that we get more successful prosecutions?
Regulation of Investigatory Powers Act 2000: Codes of Practice
Ben Wallace Excerpts(6 years, 5 months ago)
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The Minister for Security (Mr Ben Wallace)
I am today publishing three revised codes of practice for consultation under the Regulation of Investigatory Powers Act 2000.
The consultation is in relation to the following codes:
The covert surveillance and property interference code of practice
The covert human intelligence sources code of practice
These codes provide guidance on the authorisation of directed surveillance, intrusive surveillance and covert human intelligence sources under part 2 of RIPA, as well as property interference under the Police Act 1997 and Intelligence Services Act 1994. These powers are available to law enforcement and intelligence agencies as well as a number of other public authorities specified under RIPA, for use where necessary and proportionate for purposes such as the prevention or detection of crime, and the protection of national security. The codes reinforce the safeguards provided by the Acts, for the careful and lawful deployment, management and oversight of the powers.
The investigation of protected information code of practice
This code sets out guidance on the use of powers under part 3 of RIPA governing the investigation of protected electronic information, usually in pursuance of a criminal investigation.
The three codes are being updated to reflect changes in the Investigatory Powers Act 2016 which will impact on the use of the powers covered by the codes. In particular the codes reflect the creation of the new Investigatory Powers Commissioner, who has replaced the three existing oversight bodies, the requirement for public authorities to report errors to the commissioner, and the new arrangements for authorisation of equipment interference which will apply in future to some techniques currently authorised under property interference provisions, and be relevant for use of the power under part 3 of RIPA. At the same time the guidance in the codes under part 2 of RIPA are being updated to reflect best practice in authorisation and management of the powers, to strengthen the safeguards relating to handling of confidential or legally privileged material, and to clarify the application of the RIPA framework to online investigation and research.
The consultation will last for six weeks. Copies of the consultation document and draft codes will be placed in the Library of the House. Online versions will be available on the www.gov.uk website.
[HCWS257]
Oral Answers to Questions
Ben Wallace Excerpts(6 years, 6 months ago)
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Victoria Atkins (Louth and Horncastle) (Con)
The Minister for Security (Mr Ben Wallace)
Since 2010, we have recovered £1.4 billion under the Proceeds of Crime Act 2002. The Criminal Finances Act 2017 provides important new powers to improve the asset recovery system, such as unexplained wealth orders and the forfeiture of bank accounts. The Government are also implementing the recommendations of a 2016 Public Accounts Committee report, and our asset recovery action plan will be published by the end of the calendar year.
Victoria Atkins
Serious criminals view prison as an occupational hazard, but they do not like it when law enforcement hits them in the wallet and goes after their illegally obtained assets. Will my right hon. Friend assure me and the House that the National Crime Agency will use the exciting new powers, including unexplained wealth orders, that it has been given?
Mr Wallace
I can give my hon. Friend that assurance. We are determined that unexplained wealth orders should be used not only by the NCA but by broader law enforcement to ensure that people have to prove where they got their wealth. Using that reverse burden of proof makes sure that we progress to taking an asset if a criminal’s wealth is unexplained and might have resulted from criminality.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Is the Minister aware that we regard the National Crime Agency as a bunch of amateurs in this field? People are increasingly talking about a big Russian mafia presence in London that is spending huge fortunes on organising crime. When will he take those people seriously and do something about them?
Mr Wallace
The hon. Gentleman will be delighted to know—it might make him a bit happier—that that is why unexplained wealth orders, when applied to people outside the European economic area, have a lower burden of proof in court, so that we can freeze their assets and ensure that such people prove where they got their billions. We can then take the money and redistribute it back to the people who need it, either the law enforcement agencies or back to the countries from which they might have stolen it.
David Hanson (Delyn) (Lab)
Can the Minister assure me that we will retain the European arrest warrant, retain co-operation with other European police forces and use all the powers we have in Europe, as well as in the United Kingdom, to bring such assets to justice?
Mr Wallace
I totally agree with the right hon. Gentleman. It is exactly our goal to keep all those measures, but there is another party on the other side of the negotiating table. We would like to keep those measures, and we will ask for that—perhaps he could ask them, too—and let us hope they give it to us.
Mary Glindon (North Tyneside) (Lab)
Wendy Morton (Aldridge-Brownhills) (Con)
The Minister for Security (Mr Ben Wallace)
The Government have been clear that there should be no safe space online for terrorists and their supporters to radicalise, recruit, incite or inspire. We are working closely with the industry, including through the Global Internet Forum to Counter Terrorism, to encourage it to develop innovative solutions to tackle online radicalisation.
Wendy Morton
Does the Minister agree that some of the world’s leading internet companies could do more to ensure that the propaganda emanating from Daesh and others is taken down immediately and not allowed to poison not just vulnerable individuals, but young minds?
Mr Wallace
My hon. Friend is right. Internet companies could do more with their technology. They could do much more to recognise that they have a responsibility for much of the stuff that is hosted on their sites and they could do more to take it down. That is why the United Kingdom Government, through the Global Internet Forum, are taking the lead in dealing with the issue. The Home Secretary was only recently in Silicon Valley, talking to those companies and trying to put further pressure on them to use their profits and vast wealth actually to do something about it.
Nick Thomas-Symonds (Torfaen) (Lab)
As part of the Government’s strategy for online safety, they are seeking to ensure that all those suppliers bidding for information-sensitive contracts are certificated under their Cyber Essentials scheme. Yet the Government have admitted to me in a written answer that they do not even bother to count the number of suppliers signed up to that scheme. In those circumstances, how can the Government ever look at and consider the success of their policy?
Mr Wallace
The hon. Gentleman misses the point. The authority placing the contract will, of course, verify the conditions of the contract before signing it. Whether we put it together and say, “We’ve got 1,000”, is slightly the second point. The main issue is whether it is properly done. On top of that, the UK Government as a whole invest £1.9 billion into the national cyber-security strategy to ensure that we deal with threats against our companies and individuals.
Huw Merriman (Bexhill and Battle) (Con)
John Woodcock (Barrow and Furness) (Lab/Co-op)
With Daesh potentially on the verge of collapse, is the country experiencing an increase in the number of British jihadists attempting to return secretly, and will any of them be formally allowed back in?
The Minister for Security (Mr Ben Wallace)
There is no evidence that that has happened. Of course, people think that it probably will happen, but at the moment the figures do not match the theory. When anyone returns about whom we have a suspicion that they have been fighting for any group or committed a crime overseas, they can expect to be arrested and questioned by the appropriate police forces. If there is evidence, we will obviously prosecute them for their crimes.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
Another day, another awful story of a family split apart by the Government’s draconian family visa rules, this time the Newton family. When will the Home Secretary scrap the ludicrous income threshold and the other unwarranted requirements for spouse and partner visas?
Shabana Mahmood (Birmingham, Ladywood) (Lab)
In the Newtown area of my constituency there have been seven shootings in the past three months. Local people tell me that they simply do not feel safe, and cuts to police funding and neighbourhood policing are having a devastating impact. Why cannot the Home Secretary see that she is failing in her responsibility to resource the services that are required to keep us safe? How much more will my constituents have to suffer before she changes course?
Mr Wallace
The hon. Lady makes the valid point that a number of shooting crimes are being committed at the moment. That is why the Government have increased funding to police and specialist policing by £32 million for armed uplift to ensure that we have trained officers on the ground to deal with such threats, and that when we go after criminals who are armed, the police are protected and have the right equipment to do the job and make sure that those people are put in prison.
Biometrics Commissioner: Annual Report
Ben Wallace Excerpts(6 years, 7 months ago)
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The Minister for Security (Mr Ben Wallace)
My hon. Friend the Minister of State, Home Office (Baroness Williams of Trafford) has today made the following written statement:
I am pleased to announce that my right hon. Friend the Home Secretary is today publishing the third annual report of the Biometrics Commissioner, together with the Government’s response.
The Biometrics Commissioner, Paul Wiles, is appointed under section 20 of the Protection of Freedoms Act 2012. His responsibilities are:
to decide applications by the police for extended retention of DNA profiles and fingerprints from persons arrested for serious offences but not charged or convicted;
to keep under review national security determinations made by chief officers under which DNA profiles and fingerprints may be retained for national security purposes;
to exercise general oversight of police use of DNA samples, DNA profiles and fingerprints. His report is a statutory requirement of section 21 of the Protection of Freedoms Act 2012.
I am grateful to Mr Wiles for this report. No redactions to it have been made on the grounds of national security. The Government have considered it and produced a response.
Copies of the report will be available from the Vote Office. The Government’s response will be placed in the Library of the House.
[HCWS129]
Mutual Recognition of Freezing and Confiscation Orders
Ben Wallace Excerpts(6 years, 9 months ago)
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The Minister for Security (Mr Ben Wallace)
The Government have decided that the UK will opt in to the regulation on the mutual recognition of freezing and confiscation orders.
The proposed regulation would replace and build upon the existing mutual recognition framework which is currently in two existing instruments—the Council framework decision on the execution in the European Union of orders of freezing property of evidence (2003/577/JHA) and the Council framework decision (2006/783/JHA) on the application of the principle of mutual recognition to confiscation orders. These framework decisions were transposed into UK law in 2014.
Through our serious organised crime strategy and action plan for anti-money laundering and counter terrorist finance, we have made it clear that being able to recover criminal monies is a priority. The proposed regulation will bring benefits to the UK through strengthening the ability of our operational agencies to have our orders recognised and executed, particularly in countries which have traditionally been slower to assist in cross-border asset recovery cases.
The UK’s experience of the existing framework decisions has been positive, although numbers of mutual recognition requests are limited due to the short time (since 2014) that the decisions have been fully transposed in UK law. Asset recovery in some EU states has traditionally been difficult through mutual legal assistance routes, which are lengthy and cumbersome.
Opting into this measure is also consistent with the UK’s approach to participating in EU mutual recognition measures to improve practical co-operation between member states. Opting in at this point shows our continued positive engagement with this measure, and demonstrates our commitment to work together with our European partners to fight crime and prevent terrorism now and after we leave the European Union.
[HCWS101]