Cross-border Crime

David Simpson Excerpts
Wednesday 11th March 2015

(9 years, 2 months ago)

Commons Chamber
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David Simpson Portrait David Simpson (Upper Bann) (DUP)
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I think the Minister said—I stand to be corrected on the exact wording—that the Government were confident that the marker would work, but a test carried out in Bellingham with Queen’s university and others, to which HMRC had to be dragged kicking and squealing, along with the Irish Revenue, proved that the Dow marker could effectively be removed by simple distillation. We must have confidence in the marker, but this one cannot do it.

Andrew Murrison Portrait Dr Murrison
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I am certainly not going to assert that any marker or anything added to a substance is incapable of being removed, but clearly it is perfectly possible to launder fuel at the moment—it happens all the while—and although the pattern of fuel laundering is changing, as was touched upon by the hon. Member for Belfast East (Naomi Long), nevertheless it remains and brings with it financial and environmental costs, and costs in terms of criminality, security and all the rest of it. I am advised that the new marker, which we will introduce in May, is an improvement on what we currently have.

David Simpson Portrait David Simpson
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indicated dissent.

Andrew Murrison Portrait Dr Murrison
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I am sorry if the hon. Gentleman does not agree, and I am sorry if I cannot give him an absolute assurance that any substance we add could never be removed, but he will have to accept that it is an improvement on what is happening at the moment, which is patently inadequate.

David Simpson Portrait David Simpson
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indicated dissent.

Andrew Murrison Portrait Dr Murrison
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Well, I look forward to the hon. Gentleman’s remarks when he makes his contribution.



Mention has been made of fraud and tobacco—topical given the deferred Division at lunchtime. To be clear, our aim is to maintain the downward pressure on the illicit market in cigarettes and hand-rolling tobacco. HMRC’s anti-smuggling strategy is effective and has been adapted continuously to deal with changes in criminal behaviour. Since HMRC first launched its strategy to tackle tobacco smuggling, the illicit cigarette market has reduced by half and the illicit hand-rolling tobacco market by a third, which is substantial.

The motion refers to greater co-operation between the PSNI, the NCA and HMRC on combating serious criminal activity. This cuts to the heart of today’s debate and the point on which we pin so many of our hopes for the future. Extensive multi-agency cross-border co-operation is a key element of the operational response to fuel fraud. HMRC chairs a multi-agency cross-border fuel fraud group that meets quarterly and has representatives from HMRC, the Northern Ireland Department of the Environment, the NCA, the PSNI, the Northern Ireland Environment Agency and their Republic of Ireland equivalents. This group shares intelligence and information on operational activity, as well as co-ordinating joint operations. The joint UK-Irish project that identified the new fuel marker is a prime example of that co-operation, notwithstanding the remarks from hon. Gentlemen this afternoon.

I am delighted that the House has agreed legislation to extend fully the remit of the NCA in Northern Ireland. This follows the vote in its support last month in the Northern Ireland Assembly. Serious and organised crime groups do not operate in isolated pockets of each region, and nor do they respect borders or force boundaries. The PSNI estimates that there are between 140 and 160 organised crime groups active in Northern Ireland and 800 active criminals. Nearly one third of these groups are assessed as having links to international criminality, and another third are linked to criminality in the UK and the Republic of Ireland.

Since it was created just over a year ago, the NCA has begun to make a real impact on the threat to the UK from serious and organised crime, but until now the fight against such offences in Northern Ireland has been inhibited. There have been a number of significant PSNI investigations that the NCA would have been better placed to lead, given that key criminals and their associated infrastructure have been based outside Northern Ireland. It has also been difficult for PSNI to access the specialist resource and capability that the NCA holds. Northern Ireland has been left at a greater risk from child sexual exploitation, cybercrime and economic crime because the specialist resources that the NCA has developed have not been available.

Civil recovery has been affected. Since June 2013, civil recovery investigations are down by more than 50% and property-freezing orders by more than 70%. This is worrying, because denying criminals the proceeds of crime is one of the most effective ways we have of disrupting their activities. However, the NCA will soon be able to deal with serious and organised criminals—no matter where they are—and I am confident that the people of Northern Ireland will now have the same protection against serious and organised crime as those in the rest of the UK. That is surely their right.

As I have said, we do not doubt the seriousness of these types of criminal activity and the harm they cause to society and security. We and devolved colleagues are, as I have outlined, working in co-operation with partners elsewhere to address these problems vigorously. There is often close co-operation with counterparts across the border, and I would say that it is increasing, but we need at all times to ensure that the fullest pressure is maintained on the perpetrators, wherever they may be, and the Government will seek to go on doing just that.

--- Later in debate ---
David Simpson Portrait David Simpson (Upper Bann) (DUP)
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It is a great privilege to speak in this timely debate. We have debated this subject before. The Northern Ireland Affairs Committee has done a report on it, and it has been ongoing for some time. My hon. Friend the Member for East Londonderry (Mr Campbell) used the word “Horlicks”—and that is exactly what this is. It is costing the Exchequer hundreds of millions of pounds. I predict that the Government will introduce this Dow marker, and it will not reduce the problem. That is my prediction, because the tests we have witnessed and those that have been carried out show that it does not work.

I will be brief as I know other Members wish to speak, but I need to put a number of questions to the Minister. Can the Minister or his officials tell us why Dow Chemical Company was not thrown out of the IMS—invitation to make submissions—tendering process for the marker under European law, when in 2013 it was fined $1.1 billion for fraud? It was fined $1.1 billion, yet it is part of the tendering process, and we are about to introduce a dye that comes from that company.

The Minister was asked a question earlier to which we did not get an answer, but perhaps his officials or the representation from Her Majesty’s Revenue and Customs today can provide the answer: why was this technology awarded to Dow with no roadside test when the other, British recommended company had a roadside test?

A number of years ago—maybe 10—I was asked to pay a visit to South Armagh by a political activist who lives there. He rang me and said, “David, you have raised issues of fuel smuggling. Would you like to see some of them?” I spent the day going around 15 distilleries and seeing their fuel laundering equipment—or whatever the terminology is—and got within 100 metres of Slab Murphy’s house and his laundering facilities. We moved back up the road a mile, on a hill, and the lorries were freely going in and out of Slab Murphy’s facilities, with nothing being done about it—absolutely nothing.

Right up to the present day, no one has been imprisoned for this. The Minister corrected one of my colleagues on the subject of prosecutions, but this is costing the Government and the taxpayer hundreds of millions of pounds. We spoke earlier about the budgets. There is no money in the budgets, and I understand that there are to be further cuts after the general election to try to clear the deficit. There will be issues if that is the case, because we are suffering and the amount being lost to the Revenue every year could be used to build several hospitals.

Lord McCrea of Magherafelt and Cookstown Portrait Dr McCrea
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Is my hon. Friend talking about the same Slab Murphy whom Gerry Adams described as a decent businessman?

David Simpson Portrait David Simpson
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Yes, absolutely.

After we had seen the activity I have just described, we reported it to what was then the RUC, and several moves were made to close some of the laundering facilities. These activities are unfair to the ordinary everyday workers and businessmen in Northern Ireland who are doing their best to pay their taxes and keep their businesses going. They are completely above board, yet other individuals are profiting from their activities. That is totally wrong, and it has been going on for far too long.

Whether the Minister has been furnished with all the information or not, the information I am giving him is factual, and my hon. Friend the Member for North Antrim (Ian Paisley) will certainly be able to give him a lot more when he winds up the debate. This issue needs to be got right. It has gone on for far too long and it has become a laughing stock. At the beginning of the debate, it was suggested that this arrangement might have been a pay-off for the republicans. When we were talking about the National Crime Agency earlier today, someone in the House remembered that the deal involved 2p to the pound. I would hate to think that any Government had done any kind of deal with republicans and criminals or given them 2p to the pound to keep their mouths shut. It would be a travesty if that were the case. There is something rotten about this whole process and system. There is something wrong and we need to get to the bottom of it.

Lord McCrea of Magherafelt and Cookstown Portrait Dr McCrea
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This might be a laughing stock, but it is certainly no joke. This is a very serious matter. Did my hon. Friend hear the hon. Member for Birmingham, Erdington (Jack Dromey) say that the British-Irish grouping went out on a fact-finding mission and saw 12 of these facilities in operation? If they could see 12 of them operating on that one day, where was HMRC and where were the authorities at the time?

David Simpson Portrait David Simpson
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My hon. Friend is absolutely right to ask that question. Someone was sleeping on their watch, if indeed they were watching at all.

I have another question for the Minister. Why would the Government not support their own world-leading British science company when its fuel markers are the only IMS-proven indelible markers that are recommended? I want to ask him a further question. Given that the IMS is a joint UK-Republic of Ireland process, why was a single Dow marker IMS awarded when the Government knew that they needed a minimum of two indelible markers? I have asked a series of questions. I do not expect to get the answers today, but it is important that we try to get to the bottom of this.

Andrew Murrison Portrait Dr Murrison
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Perhaps I can write to the hon. Gentleman with a fuller account if he wants me to. This whole debate appears to be revolving around the Dow marker. That is fine, but hon. Members need to understand that the tendering operation was free and open. The Government are bound by rules in that respect, so there was no shady deal in which a British company was disadvantaged or in which Dow was given preference. That would have been madness. The alleged laundering method does not appear to be a viable large-scale proposition. I cannot give the hon. Gentleman the assurance he seeks that a marker exists that can never be removed. The experiences in the laboratory and in the field are very different, as I think he will probably, on quiet reflection, understand.

On the other point about markers and whether we would be able to detect at the roadside whether something was illicit or not, clearly we are not going to remove the marker we already have until we are completely happy with the new one and it is proven. So the hon. Gentleman can be assured that the two will run in parallel and, thus, there will be no disadvantage. I am hopeful that the new marker will be an advantage, but certainly we will be running the two in parallel. I hope that gives him some reassurance.

David Simpson Portrait David Simpson
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Not really, but I will say something about the process. My understanding is that a year ago the Dow marker was tested and found not to work, yet a year down the road we are introducing it. I cannot understand that. If something does not work, why are we spending millions of pounds on introducing it? We are trying to get to the bottom of this and we need the proper marker introduced.

Jack Dromey Portrait Jack Dromey
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The Minister said he is “hopeful” that it will work, but I am not sure that will inspire confidence. Does the hon. Gentleman agree that when the Minister said that the Government were bound to accept the bid—suggesting that because it was a cheaper bid they were bound to accept it—that was not a correct reading of, among other things, European procurement rules, because ultimately what is procured has to work?

David Simpson Portrait David Simpson
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We do not necessarily have to take the cheapest option—it has to work.

Andrew Murrison Portrait Dr Murrison
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I understand that 23 markers from 12 companies were assessed side by side, and clearly the one that worked was chosen. I hope that is helpful.

David Simpson Portrait David Simpson
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As I have said, time will tell. I think this is going to be an expensive exercise that will be proven in time to be not as effective as the Minister has been led to believe.

Lord McCrea of Magherafelt and Cookstown Portrait Dr McCrea
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If we are introducing something, surely it must work—millions of pounds will otherwise be lost to the Exchequer. If those millions of pounds are not needed here, I assure hon. Members that they would be very welcome in the coffers of the Northern Ireland Executive, given the deficit we face. Surely this has to work and we have to be sure that it works. We are not doing this on a trial-and-error basis; we have to be sure that we have something that works.

David Simpson Portrait David Simpson
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I thank my hon. Friend for his intervention, because he is correct about that. The matter is too serious for the marker not to work. This situation has been ongoing, and the amount of money that has been lost and wasted over the past 10 to 15 years—or longer—is just horrific. It could have done a lot to help many vulnerable people, not only in Northern Ireland, but on the mainland. We are where we are and time will tell, but I know my colleague will have a few other statistics and figures to give in his winding-up speech.