Clause 77
Serious Crime Bill
10:30 am

James Brokenshire (Shadow Minister, Home Affairs; Hornchurch, Conservative)
The clause will give effect to schedule 12, which will extend the powers in the Regulation of Investigatory Powers Act 2000 to all criminal investigations undertaken by Her Majesty’s Revenue and Customs. The clause has been raised in the context of the ongoing review of HMRC’s powers. The Law Society has raised a number of concerns in relation to the provisions, stating:
“In our responses to the ongoing consultation we have made clear our view that HMRC should not have wider powers than those available to the police.
It is equally vital to ensure that the use of any new powers is authorised at an appropriately senior level within HMRC. At present, the senior authorising officers for the police are Chief Constables (Commissioners for the Metropolitan and City police forces), whereas for HMRC those authorised will be officers of HMRC. We believe the act must make clear the level of seniority required to authorise such intrusive powers and should identify an equivalent level of seniority to that of Chief Constable. In addition, the officers in question should be limited to those in HMRC’s new Criminal Investigations Directorate—as is the case with the proposed powers of arrest—who have received thorough training in the exercise of these powers.”
Those seem sensible and reasonable points. What assurance can the Minister give that they have been or will be addressed?
