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

My Lords, I feel compelled to contribute to this short debate. I support the Motion wholeheartedly, given that I was the shadow Minister steering the Bill through Parliament back in 2002. I remember that we debated at length the whole issue—the noble Lord, Lord Bowness, has referred to this today—of just how far these laws could be extended, and we were assured time and again that we were focusing on major crime and major criminals. It is deeply depressing that today we are discussing what amounts to our part in, frankly, a weak Parliament. The lack of proper scrutiny of the orders following the 2002 Act is lamentable, and we must all share the blame for that. There have been no sufficient checks. That seems so strange; I remember in 1998, when I first came into this House, the Government introducing this word, "proportionate". Everything had to be proportionate, but these powers are not. Everything also had to be "evidence-based", but where is the evidence? And everything was based on "consultation". We have just heard from noble Lords that there has not been proper consultation. I say again: there has been a lack of proper scrutiny, which has become so habitual and such a depressing issue when it comes to being a Member of your Lordships’ House. The current policy under the memorandum is, ""to limit access to these intrusive powers to appropriate public (rather than private) bodies involved in financial investigation addressing public harm"." Can we expect something a few months down the line to take this just one step further? These powers should be used only in extremis, and yet they will be applied with regard to common offences. That has to be a dangerous development. In a sense, this is all about more and more erosion of our normal freedoms. It is creating a real change in the culture of this country, which is deeply depressing. We have had a number of examples today from noble Lords; I shall add one more. I keep hearing about photographers who are not allowed, or who feel unable, to stop in the street to take pictures because somehow they could be committing a crime. We are all beginning to feel that we are in a guilty state, which is appalling. What will the checks be on the potential abuse of powers? Yes, there will be information on databases that will go astray—what will happen if it falls into the wrong hands? The Minister looks bemused by that, but it keeps happening; he has to accept that. What about overzealous officials? The proceeds of crime will be shared by the CPS, police officers and courts, so of course there is an incentive here—it is sort of commission-based. On one level that is about the need for more efficiencies, as we were hearing about earlier, but we must take great care. I ask the Minister and the Government: please be careful what you wish for. Freedom is such an easy thing to lose, and you rarely get those freedoms back without a revolution.