XII ENFORCEMENT
115. The explanatory notes on the draft bill refer
to some additional costs falling on HM Customs and Excise in respect
of new controls, suggesting that they are to be the enforcement
authority.[188]
The RIA refers to Customs and excise as being "mainly"
responsible, noting that the police would have some enforcement
responsibilities on intangible transfers".[189]
The additional costs foreseen for Customs arise mainly from controls
on trafficking and brokering enforcement.[190]
The Secretary of State was confident that no further enforcement
powers would be needed.[191]
It is however likely that the new controls sought will need
extensive use of existing powers, in particular on interception
of electronic communications, and based on past experience not
improbable that the law enforcement authorities will seek additional
or amended powers.
116. Clause 7(1)(d) of the Bill provides that secondary
legislation under the Bill may create offences with a maximum
penalty of ten years, compared to the current maximum of seven
years. Lord Scott drew our attention to his doubts as to who the
enforcement agency would be for the new controls on transfers
and other transactions, since Clause 9(4) provides that the Act
is to be a Customs Act only as regards export controls. [192]
We recommend that clarification be provided to the House on
the identity of the enforcement agency for transfer and other
controls to be introduced by the Bill, and some explanation of
the practical significance of the legal provisions to be made.
188 Cm 5091, page 45, para 54 Back
189 ibid,
page 34, para 9 Back
190 ibid,
page 32, para 5 Back
191 Qq256-8 Back
192 Qq
177-8 Back
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