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Baroness Scotland of Asthal: My Lords, I can add little to what I have already said. The noble Lord will know from the Statement that my right honourable friends the Chancellor of the Exchequer and the Home Secretary will be looking very closely at these issues. When those two look closely, one can anticipate that the issue of resources will be close to their hearts and their deliberations.

The partnership working between the new agency and the local police forces will be critical because local intelligence and international intelligence merge when we are considering issues of serious crime. Organised crime is just that, because the organisers have to be both international and local. So I can certainly reassure the noble Lord that it is not being contemplated that the new agency will simply parachute in without fully engaging local forces. It just would not work in that way. Partnership is going to be key to ensuring that this new agency takes off.

Your Lordships will know that the agency will include staff from Customs, NCIS and NCS—approaching, I think, about 5,000 members of staff. The agencies planning to move to the new agency currently have a budget of about 375 million. New legislation will set out the constitutional and governance arrangements of the new agency; provide it and its staff with necessary powers; ensure that it

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remains accountable to Ministers, Parliament and the public; and make provision for a range of legacy issues. All those issues will have to be resolved before the agency is finally up and running and comes into being. I hope that that is of some help to my noble friend.

Lord Renton: My Lords, I, too, welcome the Statement made by the noble Baroness. Will she bear in mind that in the past 40 years organised crime has varied from time to time in different parts of the United Kingdom? Can she assure us that the proposals that the Government have in mind will enable greater concentration on prevention and dealing with crime in places where it appears to be worst?

Baroness Scotland of Asthal: My Lords, I reassure the noble Lord, Lord Renton, that this service is being created to give us a more comprehensive understanding of organised crime across the country and to collate intelligence across the board. It is not just about drugs; it feeds into people trafficking, money laundering and all the other aspects of the most serious end of crime. We will have to use much more creatively and in a much more targeted way the intelligence about what is happening on the ground. We are by no means saying that what we do now is not of excellent quality. However, if we can organise that in a more structured way, we will get even greater benefits from the reorganisation.

Lord Marlesford: My Lords, the Statement points out that,

    "each of our 43 police forces maintains a separate Special Branch. Terrorists respect no such boundaries".

Does that mean that there will be a national Special Branch? If not, why not? And would not "the National Special Branch" be a better name than the rather woolly name already coined for the agency? Perhaps in the consultation the Government will be open to considering better names.

Secondly, do the Government recognise that an essential prerequisite for achieving the objectives in the Statement is to have a central record of individuals, with biometric means of linking those individuals to their activities? Finally, on Al Capone: I know it was probably intended as a joke, but it refers to something 60 years ago that represented a major failure of the American justice system, which is why Al Capone was the only person convicted of tax evasion who ended up in Alcatraz.

Baroness Scotland of Asthal: My Lords, we want a number of his kind to go in the same direction and we hope that our British agency will be more effective than any others. I know that the House will be confident about that.

I cannot give any indication as to whether the name SOCA will change. I should share with noble Lords that many people of Afro-Caribbean extraction might like the name SOCA because it describes rhythmic and successful Caribbean dancing, so it may have a nice connotation for some. But I am sure that these are issues which we will look at in due course.

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Lord Marlesford: My Lords, biometrics?

Baroness Scotland of Asthal: My Lords, as regards biometrics, I cannot tell your Lordships exactly what the central records will contain. Your Lordships will know that biometric data are the most useful data for us to have in relation to tracking; the intelligence services have been able to—but I should not say that, should I? I shall simply say that biometric data are an issue that has certainly excited a lot of proper attention in the detection of crime.

The Earl of Mar and Kellie: My Lords, could the noble Baroness clear up whether what she described extends over the United Kingdom or is merely a plan for England and Wales? I ask that because I live in Scotland.

Baroness Scotland of Asthal: My Lords, the agency will cover England and Wales. I will write to noble Lords about how the agency may co-operate with agencies in Scotland and Northern Ireland.

Lord Hylton: My Lords, the Statement did not say a word either about the trafficking of arms or about those people who hold illegal weapons in this country. Can the noble Baroness throw light on that subject, which is pretty urgent?

Baroness Scotland of Asthal: My Lords, did I understand the noble Lord to talk about arms in terms of guns and how that would be dealt with? Any form of trafficking will be covered by the new agency. However, I should address and correct what I just said when answering the noble Earl in relation to UK-wide. The new agency will have a UK-wide remit. However, in Scotland and Northern Ireland the Scottish Drug Enforcement Agency and the Police Service of Northern Ireland will continue to exercise those functions they currently undertake in partnership with the existing UK agencies. I was wrong to say that it would not be UK-wide; it is UK-wide, but it preserves two different distinctions and that is what confused me.

I believe that arms are covered. I will write to noble Lords. It depends whether arms fall into the organised crime bracket.

Energy Bill [HL]

6.5 p.m.

Further consideration of amendments on Report resumed.

Clause 107 [Use of green certificates issued in Northern Ireland]:

Lord Whitty moved Amendments Nos. 191A to 191C:

    Page 89, line 14, leave out "Authority for Energy Regulation" and insert "authority"

    Page 89, line 18, leave out subsection (2).

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    Page 89, line 23, at end insert—

"(4) In Article 56(1) of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6)) (power to amend Part 7 of that Order to take account of amendments of corresponding Great Britain provisions), the reference to amendments made to sections 32 to 32C of the 1989 Act includes a reference to subsection (1) of this section.
(5) Subsection (4) extends to Northern Ireland only."

On Question, amendments agreed to.

Clause 108 [Distributions to Northern Ireland suppliers]:

Lord Whitty moved Amendment No. 191D:

    Page 89, line 29, leave out from "are" to end of line 31 and insert "Northern Ireland suppliers.""

On Question, amendment agreed to.

Lord Triesman moved Amendment No. 191E:

    After Clause 108, insert the following new clause—

(1) In subsection (3) of section 32 of the 1989 Act (definition of renewables obligation), for "and 32C" substitute "to 32C".
(2) In subsection (7) of that section, for paragraph (d) substitute—
"(d) such generators of electricity from renewable sources as he considers appropriate; and".
(3) After subsection (8) of that section insert—
"(8A) In this section and in sections 32A to 32C—
'generated' means generated at any place whether situated in the United Kingdom or elsewhere, and cognate expressions shall be construed accordingly;
'Northern Ireland authority' means the Northern Ireland Authority for Energy Regulation;
'Northern Ireland supplier' means an electricity supplier within the meaning of Part 7 of the Energy (Northern Ireland) Order 2003."
(4) In section 32A of that Act (supplementary provision relating to orders under section 32), in subsection (3) for the words from "the differences" onwards substitute "no supplier would by virtue of the differences be unduly disadvantaged in competing with other suppliers".
(5) After that subsection insert—
"(3A) In subsection (3) 'supplier' means an electricity supplier or a Northern Ireland supplier."
(6) In subsection (7) of that section, for "obligation imposed" substitute "matters dealt with".
(7) The requirements of section 32(7) of that Act (consultation before making an order) may be satisfied in the case of an order containing provision made by virtue of this section by consultation that took place wholly or partly before the commencement of this section."

The noble Lord said: My Lords, Amendments Nos. 191E, 191F, 191G and 191H make further provisions relating to the issue of ROCs with respect to Northern Ireland. First, Amendment No. 191E makes a number of supplemental changes relating to the issue of Great Britain ROCs for renewable electricity supplied in Northern Ireland. To avoid overlap between GEMA's role and that of the Northern Ireland Authority for Energy Regulation in respect of such electricity, the Northern Ireland Authority will issue NIROCs for generating stations located in Northern Ireland, including its inland waters but not UK territorial waters adjacent to Northern Ireland, and GEMA will issue ROCs for all other generators. GEMA may not, however, issue a ROC in respect of

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electricity supplied in Northern Ireland, and must revoke any such ROC that it has already issued, if the Northern Ireland Authority notifies it that the authority is not satisfied that the electricity in question has been supplied to customers in Northern Ireland. For electricity supplied in Great Britain, the position will remain unchanged, with GEMA as the only issuing authority.

Turning to the other amendments in this group. Amendment No. 191F also provides for the sale of NIROCs that relate to Northern Ireland NFFO—pronounced "noffo"—output, separately from the renewables electricity to which the NIROCs relate. Without this provision, Great Britain suppliers are unlikely to participate in auctions of NIROCs with the underlying electricity since they would have no use for the electricity which cannot be exported from Northern Ireland to Great Britain because of the interconnector limitations.

Finally, the Government are taking powers in Amendment No. 191F to allow a proportion of the funds arising from the auctioning of Northern Ireland NFFO ROCs to be paid to DETI. The DETI's existing obligation to pay moneys received into the Consolidated Fund of Northern Ireland will apply to moneys that DETI receives as a result of exercise of this power. However, DETI intends to request that a budget allocation is made for an amount of money equal to any such payments into the Consolidated Fund to be used for the promotion of the use of renewable energy sources in Northern Ireland. This provision is similar to the provision already available in England and Wales and which is being sought by Scotland within this Bill. On the basis of the ROC prices reached in recent equivalent Scottish auctions of ROCs, the total proceeds of the Northern Ireland NFFO auction are expect to amount to between 4 million and 5 million per annum during the early years and declining thereafter until the contracts expire in 2010.

Amendment No. 191G makes clear that both GEMA and the Northern Ireland Authority are entitled to enter into arrangements for GEMA to carry out Northern Ireland renewables obligation functions of the Northern Ireland Authority. Clause 109 currently refers only to GEMA as being entitled to enter into these arrangements.

Amendment No. 191H replaces a reference to Ofreg with a reference to the "Northern Ireland Authority" and is a minor drafting change. I beg to move.

On Question, amendment agreed to.

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