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Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2009

My Lords, I have done the addition that the noble Baroness, Lady Hamwee, had not had time to do, and in addition to the police there are 22 other organisations. They include immigration, but also the Rural Payments Agency and so on. I am a member of the Merits of Statutory Instruments Committee, and I regret that we did not pick this up on the last occasion that a statutory instrument of a similar kind, but with fewer organisations, came through our hands early on this year. Nor indeed, I regret, did we pick it up on this occasion until, like others, we read the Times—and then we had another look at it. One point which concerns me is that the government department did not go in for the standard consultation, which is the practice. One thing we look at in the Merits Committee is who is consulted and what they say about it. The reason that it did not consult was that there had been no earlier objections, and although there has been a significant increase in the number of organisations with these very wide powers, the government department did not think it necessary to consult this time because there had not been an objection earlier. From the letter from the Permanent Secretary, I hope that it will in future at least go in for the consultation process. If these additional organisations were unable to have these extensive powers, it would be the duty of the police. Perhaps I might read paragraph 10.2 of the Explanatory Memorandum, with the heading "Impact": ""The impact on the public sector is neutral. Most of the agencies listed already have accredited financial investigators. The bodies added will have previously had to rely upon the police to perform their investigations and so the actual manpower time will not increase. Investigation bodies will also receive a share of money recovered as additional funding to incentivise"—" a terrible verb— ""further work in recovering the proceeds of crime"." I read that as an encouragement to go out and use these powers. I share the view of the noble Earl, Lord Onslow, and have real concerns about the considerable extension of these powers. It is valuable that he has brought it to the attention of the House; it certainly needs, at least, to be looked at.