The draft Proceeds of Crime Act 2002 (Search, Recovery of Cryptoassets and Investigations: Codes of Practice) Order (Northern Ireland) 2024

Part of Executive Committee Business – in the Northern Ireland Assembly at 12:00 pm on 25 June 2024.

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Photo of Matthew O'Toole Matthew O'Toole Social Democratic and Labour Party 12:00, 25 June 2024

I will speak briefly on behalf of the Opposition to say that we support the order and welcome the fact that it has been brought forward. Clearly, it is important that the investigatory powers of the police reflect the changing technological landscape. There is clear evidence of the increased use of crypto assets by criminals here in holding their assets, so it is welcome and right that this updated provision and code has been brought forward by the Minister. I welcome the fact that it has happened speedily. It illustrates the importance of having a devolved legislature and serving Ministers who can bring forward necessary legislation or secondary legislation or codes under legislation, as this is.

Will the Minister update us on a couple of things when she is wrapping up? First, section 7 of the updated order makes clear that an officer who fails to comply with the code is not going to be held legally responsible. That is clearly a reflection of the fact that it is not a legally binding or justiciable code, in that sense. It would be helpful if the Minister reminded us what penalties there are, or how it will be viewed, if an officer does not abide by the code. Clearly, it is a code; it is not criminal law. That is fair enough. Secondly, does the Minister have either specific examples or a broader sense of the prevalence of the use of crypto assets amongst criminals? What is the profile of those criminals in Northern Ireland who are making use of these crypto assets? Other than that, the Opposition are, of course, happy to support the order proceeding, and we welcome the fact that the Minister has brought it forward.