Baroness Anderson of Stoke-on-Trent (Lab)

My Lords, it is essential that any individual authorised to use the powers enshrined in the Police and Criminal Evidence Act 1984 is competent to discharge their duties under the law. We are committed to ensuring that this is the case for the authorised investigators created by the Bill. However, for legislation to require the publication of guidance on an internal appointment process is not only unnecessary but inconsistent with established practice in this area across other government departments. Government departments with similar investigative powers—for example, HMRC, the Home Office, Defra and even the Food Standards Agency—are not required to and do not publish statutory guidance on this point. Let me reassure your Lordships’ House that Ministers take their responsibilities seriously. It is for this reason, as we have consistently affirmed, that no investigator will be authorised to exercise these powers until the Minister is entirely satisfied that they possess the requisite training and expertise. This training will cover: proficiency in relevant aspects of PACE, particularly the legal framework and applications of Section 8 and Section 9, and PACE codes of practice as far as they apply to the PSFA’s powers; proper procedures for applying for and lawfully executing warrants, including entry, search, seizure and handling digital information; and proper handling and retention of and access to evidence. Crucially, they will be trained in safeguards for individual rights during investigations and warrant execution, and in the proper handling and retention of and access to evidence. Training will be provided by the College of Policing by means of a series of bespoke training courses, the first of which has commenced this week. Individuals will be required to demonstrate proficiency in all relevant facets of PACE before the Minister will authorise them as authorised investigators, with particular emphasis on the legal framework alongside its accompanying codes of practice. These authorised investigators will be members of the government counterfraud profession, and they will be required to meet the appropriate professional standards. Therefore, I urge noble Lords to consider that the existing framework, bolstered by our commitment to rigorous training, already provides necessary assurances and that an amendment to codify this is unnecessary. I reassure and remind noble Lords that these powers cannot be exercised in any specific case unless a court has granted a warrant—the ultimate safeguard. I hope that this explanation reassures noble Lords and that the noble Baroness will therefore withdraw her amendment.