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The Minister of State, Home Office (Lord Hanson of Flint) (Lab)

Speaking in the House of Lords on 2 December 2024

Debate

Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) (Northern Ireland) Order 2024

Contribution

This debate relates to another statutory instrument that was debated in Committee on 11 November. I therefore will not go into too much detail on this instrument’s context but will briefly remind the Committee that it relates to the Economic Crime and Corporate Transparency Act 2023. This Act contained a wide range of reforms to reduce economic crime and increase transparency over corporate entities conducting business in the United Kingdom. This included reforms to enable targeted information sharing to tackle money laundering and remove reporting burdens on business. Additionally, the Act introduced new intelligence-gathering powers for law enforcement and reform of outdated criminal corporate liability laws. The legislation also introduced reforms to keep pace with the use of emerging technologies to launder money and commit economic crime, including a new regime to tackle the use of criminal or terrorist crypto assets. The measure also introduced new search, seizure and detention powers when crypto assets are used illegally or for terrorist purposes. The legislation aims to remove criminal gains and disrupt the ability to use emerging technologies for illicit purposes. I see a heavy Northern Ireland contingent here—it is like the old days, and I am very pleased to see colleagues here today. They will be particularly pleased to know that this debate relates to the order that came into force in Northern Ireland, as well as England and Wales. As of the end of October, across the United Kingdom as a whole the new powers have been exercised in over 90 cases. I will not cover the content of the powers, as they were debated extensively by both Houses during the passage of the Bill, but will outline briefly the purpose of the instrument, which is to establish a code of practice. The code of practice being brought into operation by this statutory instrument is the search, seizure and detention of property code for Northern Ireland. Codes of practice determine and clarify the circumstances in which powers may be exercised to ensure that they are applied consistently and proportionately. This is vital, given the broad range of law enforcement agencies to which the powers can apply. The guidance on the exercise of the powers in the code in this order sets out clearly, I hope, the required powers to safeguard against improper use. The search, seizure and detention code is made by the Home Secretary to guide the exercise of search and seizure powers in the context of criminal confiscation investigations for specified officers who operate in Northern Ireland. The order sets out the officers and the circumstances, and it gives strong guidance on reserved powers. This draft instrument is required to complete the cycle that we started with the Economic Crime and Corporate Transparency Act 2023. It will ensure that all the necessary legislation is in place and that law enforcement can operate the powers proportionately and in accordance with the aim of the legislation. I expect and hope to get some questions from colleagues across the Committee, but I hope that that is a reasonably clear outline of the order and its purpose. I commend the statutory instrument to the Committee.

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