Clause 32
Policing and Crime Bill
3:45 pm
James Brokenshire (Shadow Minister, Home Affairs; Hornchurch, Conservative)
I welcome the Minister’s introductory remarks in relation to part 4, as Her Majesty’s Opposition support powers to ensure that the ill-gotten gains of criminals and organised crime are seized and returned where appropriate. Our difficulty with part 4 is its extent and nature, the protections that it affords and the judicial oversight that may apply—in other words, its practical import. The Minister will be aware of the comments made by the Bar Council during the evidence session, when it noted that this was a significant change, rather than merely a tidying-up exercise. We will come to some of those revisions as we work through part 4.
The Minister’s explanation of some of the amendments in this group was helpful. I would appreciate further clarification on amendment 267, which allows the new right to charge. The Minister said that the amendment was not adding a extra cost but was setting out the regulation and the approach to be taken on payment. Proposed new section 67AA(3) states:
“If the court makes a determination under this section the appropriate officer is entitled to payment of the amount under section 55(4)”
of the Proceeds of Crime Act. However, yet section 55(4) of that Act does not provide for an amount. It makes provision for the order in which certain payments are to be made. Am I missing something? I appreciate that we are considering Government amendments to a provision that amends another measure, so it is not necessarily easy to follow this, and the Minister may not be able to give me a straight answer to my question and may need some assistance. Some of these technical issues are a little difficult to follow. Proposed new section 67AA(3) seems to be about a payment, but the section to which it refers does not appear to mention payment. Perhaps I have misunderstood something. The Minister, or a note passed to him, may be able to elucidate that point.