Appendix 1
Memorandum submitted by the Northern Ireland Office
on 17 December 2007 in response to Questions from the Committee
in connection with previous recommendations
Session 2005-06
Organised Crime in Northern Ireland [HC 886-I]
1. In
its Report, the Committee called on the Government to reconsider
its opposition to payment of duty on rebated fuels at the point
of sale (Recommendation 4, para 37). The NIO responded that it
planned to review the existing rebate scheme "next year"—i.e.,
in 2007. The Committee wishes to know what has been the outcome
of this review.
Response:
In December 2006 the Financial Secretary to the Treasury,
John Healey MP, wrote to the Committee separately to confirm the
Government's thinking on the 'Danish' model, and to explain why
we continue to reject this recommendation at this time.
As Paul Goggins informed the Committee in the Government
response to the report, we would review the effectiveness of the
Registered Dealer in Controlled Oils (RDCO) scheme. HM Revenue
& Customs have conducted a review, which is due for publication
soon. The scheme is an important element of HM Revenue & Customs
UK Oils Strategy, and has been key to HM Revenue & Customs
meeting its PSA target of reducing the illicit market share for
GB diesel to 2% by 2006.
2. The
Committee recommended a broader membership base and more frequent
meetings of the Organised Crime Task Force (Recommendations 28
and 29, paras 135 and 136). The Government responded that the
OCTF would be invited to discuss these recommendations. What further
action has since been taken?
Response
The OCTF Stakeholder Group now meets quarterly, on
foot of the Committee's recommendation. The current format at
meetings is to examine in detail one specific crime type. In
addition to the standing business representatives, other relevant
parties are invited to meetings as appropriate. At the June
2007 meeting, the topic of Intellectual Property Crime was discussed
and representatives of the film, music, gaming and tobacco industries
participated in the discussion. In September the Borders and Immigration
Agency joined the group for a discussion on human trafficking.
Membership of the OCTF Sub and Expert Groups will
be kept under review; the Anti-Counterfeiting Group has been invited
to join OCTF's Expert Group on Intellectual Property Crime along
with representatives of BSkyB, Gallaher plc and the Movie Picture
Association of America; and the Social Security Agency and Environmental
Heritage Service joined the Criminal Finance Expert Group in December
2007.
The structures of the Organised Crime Task Force
are kept under constant review in line with the evolving nature
of the threat posed by organised crime in Northern Ireland.
3. The Committee called for a review of the
Proceeds of Crime Act 2002 (Recommendations 39, 42 and 43, paras
162, 170 and 171). The Government replied that this legislation
is kept under review, both in Northern Ireland and, together with
the Home Office, in England and Wales and Northern Ireland. The
Committee wishes to know what changes to the legislation have
been proposed as part of this ongoing review; and when it is expected
that these changes will be implemented.
Response
The Serious Crime Act 2007, which received Royal
Assent on 30 October, makes a number of amendments to the Proceeds
of Crime Act 2002 and supporting legislation.
The Act will merge the Assets Recovery Agency with
the Serious Organised Crime Agency and will increase the effectiveness
of assets recovery work in Northern Ireland and across the UK
as a whole by combining the expertise and range of powers available
to these agencies in the fight against organised crime. In addition,
the ability to undertake civil recovery will be extended to prosecutors,
including the Director of Public Prosecutions in Northern Ireland.
Other changes to proceeds of crime legislation brought
forward by the Serious Crime Act 2007 include the extension of
powers of accredited civilian financial investigators and the
provision of additional investigation powers in respect of cash
forfeiture.
The Serious Crime Act will also provide law enforcement
agencies with new tools in the fight against organised crime by
way of Serious Crime Prevention Orders.
4. The Committee gave notice of its intention
to monitor the petroleum licensing regime (Recommendation 49,
para 196). In order to fulfil that commitment, the Committee wishes
to receive an update on the implementation and operation of the
scheme.
Response
This recommendation relates to an issue that has
now transferred to the Northern Ireland Assembly, and as such
I recommend that the Committee follow up progress on this matter
with the Minister for Enterprise, Trade and Investment.
SESSION 2006-07
Draft Protocol for Community-based Restorative
Justice Schemes [HC 87]
5. In its Report, the Committee expressed
disappointment that schemes operating in mainly republican areas
had not signed up to the draft CBRJ Protocol. (Recommendation
1, para 44). The Committee notes from Janice Smiley's letter to
James Rhys, dated 6 August, that as at August 2007 just four schemes,
all of them affiliated to Northern Ireland Alternatives, had received
accreditation under the Protocol as implemented. What progress
is being made with accrediting further schemes, particularly schemes
affiliated to Community Restorative Justice Ireland?"
Response
In addition to the Northern Ireland Alternatives
schemes accredited in July 2007, 11 schemes operating under the
auspices of Community Restorative Justice Ireland have expressed
their desire for accreditation, and have been subject to an initial
inspection by Criminal Justice Inspection. That inspection identified
a number of issues for schemes to address before accreditation
may be considered. Schemes are currently implementing the Inspector's
recommendations and intend to put themselves forward for a further
accreditation inspection in a few months.
6. The Committee recommended the provision
of public funds for schemes meeting the requirements of the draft
Protocol (Recommendation 5, para 62; see also recommendation 18,
para 90). In its response, the Government was unable to give an
undertaking that funding would be available, pending the outcome
of the Comprehensive Spending Review. In his letter of 5 July
2007, the Minister of State reiterated that "there is currently
no budget within the Northern Ireland Office available for the
activities of CBRJ groups and all funding streams will be subject
to the constraints of the current Comprehensive Spending Review."
Now that that Review has been completed, what is the position
on funding for CBRJ schemes? "
Response
NIO has agreed to provide accredited CBRJ schemes
with some resources to meet identified shortfalls in funding in
order to maintain operations during the remainder of the current
financial year.
Additionally, statutory Criminal Justice agencies
are currently considering a potential funding package for CBRJ
schemes for the next three financial years. This will provide
a stable base for accredited schemes to develop a fully rounded
long-term funding strategy to underpin all of the activities in
which schemes are engaged. It is hoped to make an announcement
on the details of this when negotiations are finalised early in
the New Year.
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