National Crime Agency Debate

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Department: Home Office

National Crime Agency

Karen Bradley Excerpts
Wednesday 22nd October 2014

(9 years, 6 months ago)

Commons Chamber
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Karen Bradley Portrait The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)
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It is a pleasure to wind up this important debate on behalf of the Government.

As we heard from my right hon. Friend the Minister for Policing, Criminal Justice and Victims, the Government are committed to ensuring that the National Crime Agency can operate fully in Northern Ireland. In my capacity as Minister for serious and organised crime, I have observed at first hand how important the NCA’s role is in disrupting organised crime groups—more than 5,000 of which are operating in the United Kingdom—and how important it is for us to ensure that the maximum skills and territorial reach are available to it, so that we can protect the citizens of the United Kingdom and disrupt these criminals.

As has been pointed out a number of times today, Northern Ireland is currently losing out because the NCA cannot operate there with full powers as it does elsewhere in the United Kingdom. It is only right for the people of Northern Ireland to be afforded the same protection in the fight against serious and organised crime. Organised crime is a threat to our national security. The NCA has national and international reach. It will always have a level of capability and specialism that cannot be achieved at force level. It can operate across jurisdictional boundaries in a way in which local law enforcement cannot. Serious and organised crime groups do not operate in isolated pockets in each region. They do not respect borders or false boundaries, as the recent Tilbury incident demonstrated. We need to be co-ordinated, because otherwise it becomes easier for serious and organised criminals to exploit the gaps and pull at the seams.

The Police Service of Northern Ireland recently estimated—these figures have already been mentioned a number of times today—that between 140 and 160 organised groups are active in Northern Ireland. That amounts to an estimated 800 active criminals. Nearly a third of those groups have been assessed as having links to international criminality, and a further third have been assessed as being linked to criminality in the UK and the Republic of Ireland. Important points have been made about the reach of those organised crime groups, and the extent to which we in the wider United Kingdom are exposed to them as a result of the NCA’s lack of capability in Northern Ireland.

Owing to its limitations, the NCA is unable to target serious and organised crime groups in Northern Ireland that are involved in activities that require policing powers to tackle. They include groups that are involved in the supply of drugs, the supply of firearms, fraud, cybercrime, human trafficking, and the sexual exploitation of children. An international approach must be taken by everyone if we are to tackle that crime. Irrespective of the debate in Northern Ireland, if the United Kingdom does not opt into the 2014 European justice and home affairs measures, there will be very serious implications for the way in which the threat in Northern Ireland is tackled. Those measures are hugely important to cross-border co-operation between the UK and Ireland on licensing and criminal justice. They include the arrest warrant, the European criminal records information system, SIS II, and other important capabilities of which we need to be part.

Our strategy approach needs to be tightly co-ordinated to counter the threat, because otherwise, as I said earlier, it will become easier for serious and organised criminals to exploit and pull at the seams. We need to ensure that there are relentless measures to disrupt serious and organised criminals, stop people getting involved, and strengthen our protection against organised crime. Leading that fight is the National Crime Agency, with its crucial national and international reach. It has already become an integral part of law enforcement in Great Britain, but, as has been said many times today, that is not the case in Northern Ireland.

Bob Stewart Portrait Bob Stewart
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I have to agree with my friends from Northern Ireland. After two years, I think that the national Government should take a national position with the National Crime Agency and impose it on the people of Northern Ireland, who are just as British as I am.

Karen Bradley Portrait Karen Bradley
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I shall deal with the point raised by my hon. and gallant Friend shortly, but let me first say that we respect the devolution settlements in the same way that we must respect devolution settlements in regard to a number of matters. That can apply to something as trivial as a planning decision made by one’s local council, which one may not agree with as the Member of Parliament, but which one must respect because it was made by the people who were given the authority and competency to make it.

Bob Stewart Portrait Bob Stewart
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I am sorry, but that is not the same as—

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. It is up to the Minister to give way before the hon. Gentleman can come in. Let us leave it that way; we are not changing the rules today.

Karen Bradley Portrait Karen Bradley
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I want to be clear: I am talking about trivial examples of how we respect devolution in order to show the many ways in which devolution is respected across the United Kingdom, whether in the devolved Administrations, with the powers and competences devolved to them, or our local councils. We must all respect that, and recognise that point.

Ian Paisley Portrait Ian Paisley
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The Minister should be under no illusion. We have not called lightly for her to intervene. This is the only issue on which the parties have united to call for the Government to intervene. We respect the devolution settlement—we are part of it, and we helped negotiate it—but there are times when there is a logjam and the Government of our nation must act.

Karen Bradley Portrait Karen Bradley
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If the hon. Gentleman will forgive me, I will get on to the specific points about that. I accept the points he makes, and they have been made throughout the debate, but I will get to those specific points shortly.

The consequences of not acting are potentially devastating. This is about drugs and violence on our streets, children being abused and vulnerable people defrauded. Organised criminals make money out of other people’s misery and undermine the fabric and cohesion of our communities. That threat costs the UK more than £24 billion a year, and it is not just the financial cost—it is the emotional and physical cost, and the impact on families and communities. We should not underestimate the importance of the threat.

The hon. Member for East Londonderry (Mr Campbell) opened the debate very well and made a number of important points, some of which were followed up later. He set the scene very well and his example of drug smuggling and the co-operation required on that powerfully highlights the importance of this matter.

The shadow Minister, the right hon. Member for Delyn (Mr Hanson), and I spent many happy hours in the Modern Slavery Bill Committee recently. I am pleased to say that he, like us, is supporting the motion before us today. He wanted to know what extra steps the Government are taking, and the hon. Member for North Antrim (Ian Paisley) and others asked about that, too, including the right hon. Member for Belfast North (Mr Dodds) and my hon. and gallant Friend the Member for Beckenham (Bob Stewart). The UK Government have been fully involved in the discussions, rightly led by the Northern Ireland Justice Minister David Ford, and in developing the package and supporting the discussions. The package represents a sound proposal to enable progress and it has the Government’s full support. We remain ready to support David Ford in those discussions, including by meeting the parties if they would find that helpful. I will pass back to the Justice Minister the comments that have been made about setting deadlines.

Comments were made about whether the UK Government should legislate for the NCA in the absence of agreement, and I want to be absolutely clear. As my right hon. Friend the Secretary of State for Northern Ireland said recently:

“Be in no doubt, it may have ‘national’ in its name but the UK Government completely accepts the crucial importance of ensuring that NCA’s operations in Northern Ireland are fully consistent with the devolution settlement.”

We have to accept that devolution settlement. That is what this Westminster Government agreed to do when that settlement was set up by the previous Government, and we must continue to respect it in order to maintain that settlement.

Lord McCrea of Magherafelt and Cookstown Portrait Dr McCrea
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Will the Minister give way?

Karen Bradley Portrait Karen Bradley
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I will not, because we do not have long and we have another debate.

Karen Bradley Portrait Karen Bradley
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No, please forgive me.

David Ford has also been clear that this cannot go on indefinitely. He said we are now at the end of the road. His proposed package is comprehensive and gives clear, transparent and significant local accountability, which we fully support, but if agreement is not reached we will have to draw a line under it for the foreseeable future and we will need to assess how that affects law enforcement here.

Policing is devolved in Northern Ireland and we respect that. We have been, and are, fully supportive of the discussions being led by the Justice Secretary to address the concerns around accountability. These discussions remain ongoing—David Ford is trying to meet Sinn Fein and Keith Bristow, the director general of the NCA, has met the parties to address their concerns and offer assurances. If agreement is not reached, we will have to accept that the NCA will not be fully operational for the foreseeable future. I therefore urge all parties—

Lord Dodds of Duncairn Portrait Mr Dodds
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Will the Minister give way?

Karen Bradley Portrait Karen Bradley
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No, I will not, given the time we have left.

My right hon. Friend the Member for South Leicestershire (Mr Robathan), who apologised for having to leave before the end of the debate—

Baroness Hoey Portrait Kate Hoey
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Will the Minister give way?

Karen Bradley Portrait Karen Bradley
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No. I am sorry, I need to make progress. My right hon. Friend, a former Minister for Northern Ireland—there should be a collective noun for former Ministers of Northern Ireland, because we have many in the room today—explained clearly the importance of the issues in the light of his great experience. My hon. Friend the Member for Folkestone and Hythe (Damian Collins) pointed out that, in a way, he has a land border with another member state—the only such non-Northern Ireland Member in the room—and expressed clearly the need for the NCA to operate throughout the whole of the United Kingdom.

A number of Members, including the hon. Members for Upper Bann (David Simpson) and for East Antrim (Sammy Wilson), the right hon. Member for Leicester East (Keith Vaz), who chairs the Home Affairs Committee, and my hon. and gallant Friend the Member for Beckenham, talked about the need for proceeds of crime measures to be extended to Northern Ireland. I very much agree with those points. Depriving organised criminals of their assets makes it harder for them to return to crime and perhaps acts for many as a bigger deterrent than jail. I refer Members to the changes we are putting through in the other place through the Serious Crime Bill, which will assist us in dealing with asset recovery. Clearly, extending those provisions to Northern Ireland would be very important in improving that recovery rate.

The hon. Member for South Down (Ms Ritchie) talked about the oversight mechanisms, and usefully clarified her party’s concerns about accountability. It is probably useful if I make some points now about the accountability proposals. There are no statutory mechanisms, about which she asked, providing for NCA accountability in Northern Ireland at the moment, but David Ford’s proposals provide that the NCA director general will attend meetings of the Policing Board on request—including urgent meetings, with reasonable notice—and this will be in statute. NCA officers will need the agreement of the Chief Constable of the Police Service of Northern Ireland to exercise policing powers in relation to an offence, and the PSNI will then produce a community impact assessment.

On covert techniques, in all cases the NCA will obtain the agreement of the PSNI prior to their use, save for where the request is related to a case of police corruption. That would be enshrined in a memorandum of understanding, made under schedule 24 to the Crime and Courts Act 2013. The human rights adviser of the Northern Ireland Policing Board will have access to the surveillance commissioner’s report on the NCA, in a non-redacted form, in connection with the NCA work associated with criminality in Northern Ireland.

Mark Durkan Portrait Mark Durkan
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Will the Minister give way?

Karen Bradley Portrait Karen Bradley
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I cannot, I am afraid; I have been given strict warnings by the Deputy Speaker. The—

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. I am not being dragged into this. If the Minister wants to give way, she can. It is not for the Chair to decide, I can assure you.

Karen Bradley Portrait Karen Bradley
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I should have been clear: it was Madam Deputy Speaker who gave me very strict warnings.

Lord McCrea of Magherafelt and Cookstown Portrait Dr McCrea
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On a point of order, Mr Deputy Speaker. Is it in order for the Minister to hide behind stating that you had instructed her not to give way because she had little time, leaving us in a potentially devastating position?

--- Later in debate ---
Karen Bradley Portrait Karen Bradley
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Returning to covert techniques, NCA officers will be required by the Justice Secretary of Northern Ireland to have an appropriate level of training, including on ethical issues and human rights, through the general authorisation.

The question was asked whether the NCA’s being subject to the police ombudsman will be put on a statutory footing. Yes: an order under schedule 24 to the Crime and Courts Act can substitute the reference to SOCA in section 60ZA of the Police (Northern Ireland) Act 1998 with a reference to the NCA. That would make the NCA subject to the police ombudsman.

One final point on the Regulation of Investigatory Powers Act 2000: the National Crime Agency is bound by the RIPA codes of practice, and existing accountability mechanisms under RIPA and the Police Act 1997 would apply, including oversight by the Office of Surveillance Commissioners and the ability of the Investigatory Powers Tribunal to try to determine human rights claims about the unlawful use of covert techniques regulated by RIPA.

The threat from serious and organised crime is national and international, but its devastating impacts are felt locally. Northern Ireland is not exempt from that. The National Crime Agency is committed to assisting the Police Service of Northern Ireland in tackling serious and organised crime in Northern Ireland as far as the restrictions on its powers permit, but those powers are limited at the moment.

The Government fully support the discussions being led by the Northern Ireland Justice Minister. He has listened to people’s concerns and worked closely with the Home Secretary, with me and with the Secretary of State for Northern Ireland, as well as with the National Crime Agency and the Police Service of Northern Ireland, to address them. The package of proposals that he has developed is a good one; it provides the accountability that people want. We hope that the Northern Ireland Justice Minister’s discussions will lead to agreement of all parties on the terms under which the NCA could take on its full role in Northern Ireland. This would strengthen the fight against serious and organised crime and better protect the people of Northern Ireland.

Question put and agreed to.

Resolved,

That this House condemns the increasing number of illegal activities being carried out by organised criminal gangs in Northern Ireland; notes police assessments that more than 140 such gangs operate in Northern Ireland; and calls for the implementation, in full, of proposals for the National Crime Agency to help deal with this problem, which is particularly prevalent in border areas.

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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I now have to announce the result of the deferred Division on the motion in the name of Mr William Hague relating to the Independent Parliamentary Standards Authority. The Ayes were 384 and the Noes were 18, so the Ayes have it.

[The Division list is published at the end of today’s debates.]