Clause 88 - Mutual assistance in freezing
Serious Organised Crime and Police Bill
3:30 pm
Ms Caroline Flint (Parliamentary Under-Secretary (reducing organised and international crime, anti drugs co-ordination and international and European issues), Home Office; Don Valley, Labour)
Much of our discussion has been about recognising the way in which organised crime works. It is global activity, trading and working across national borders, so we need an international approach to tackling it. The clause embraces that approach, allowing the UK to implement obligations arising from the EU framework decision on freezing property and evidence. The key objective of this EU decision is to establish the rules by which member states recognise and execute in their respective territories freezing orders issued by the judicial authority of another member state. Such freezing is vital if property which would be liable to confiscation as the proceeds of crime is not to disappear. This is a significant example of what can be achieved through co-operation between member states, based on the principle of mutual recognition in criminal matters.
That approach was endorsed by the EU Heads of State and Heads of Government at the European Council in Tampere on 15 and 16 October 1999, assuming that competences in the decision to be recognised and acted on would always be taken in compliance with the principles of legality, subsidiarity and proportionality. The clause allows the Secretary of State, or Scottish Ministers, to implement these obligations by order under the affirmative resolution procedure, rather than by having to enact primary legislation. The power vested in the clause to create such provisions is also subject to certain qualified restrictions. We therefore envisage it enabling the UK to freeze property or assets suspected to be the proceeds of crime more quickly and with less formality than at present. Such freezing should only be a short-term and temporary measure, and must be followed up quickly by a formal request for confiscation. It is something that we and our European colleagues will gain from. I hope that that answers the hon. Gentleman's query.