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Proceeds of Crime Act 2002 (Disclosure of Information) Order 2008

I thank noble Lords for their typically piercing questions on some of the detail of the Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2008 and the Proceeds of Crime Act 2002 (Disclosure of Information) Order 2008. The noble Baroness, Lady Hanham, asked about the public health issue. The order does not add to the functions of SOCA and the directors but to the purposes for which information can be disclosed. Those purposes are the exercise of any functions of protecting public health and the function of the Financial Services Authority under the Financial Services and Markets Act 2000. These functions were included in the 2003 order and are not new. An example in relation to public health would be that it might be used to protect health in relation to disclosing information that might come to SOCA or the directors about the illicit supply of medicinal products or that type of question. On permitted persons, the functions of the directors and the Secretary of State can be delegated, so that a person within the department or organisation can act as, say, the Secretary of State. The question was about the level to which that will occur. I am not sure, so I shall come back in writing if there is a limit on the level. I am not sure whether that answers all the questions the noble Baroness raised. If not, I shall write to her. The noble Baroness, Lady Miller, asked about SOCA’s lack of efficiency. I think that is probably a little unfair on Sir Stephen Lander who is running it. The last report identified areas where there could be improvements. SOCA is delivering well in some areas, but there are some gaps. They will be picked up and run with. It is important that we make it run properly because it is crucial that it achieves what it was set out to achieve. It is unfair to say that it lacks efficiency; it is just that there were shortfalls in certain areas, as one could see from its report. On investigations that have been taking place for three or four months, no information is currently being disclosed or obtained under the powers given by the orders. Clearly, there is no power to do so. I can reassure the noble Baroness on that: as no information is being disclosed or obtained, it clearly cannot be questioned by the courts. We are safe on that point. I am not sure that I have answered a couple of the precise questions, but I will do so in writing. Apart from those, I commend this instrument to the Committee. On Question, Motion agreed to.