AQW 4283/22-27 Written question to the Minister of Justice
To ask the Minister of Justice (i) for her assessment of the current criminal assets recovery powers, in particular that relating to drug crime; and (ii) to detail what plans she has to seek to strengthen these powers.
Asked by Claire Sugden MLA on 7 October 2022
- Answered
- Written
- Tabled
- 7 October 2022
- Answer due by
- 24 October 2022
- Answered
- 20 October 202213 days after tabling
- Department
- Department of Justice
- Priority question
- No
Answer
Financial gain remains the principal driver of organised criminality and therefore asset recovery powers are vital tools in the fight against organised criminal activity in all its forms, including drug-related crime. The asset recovery powers available to law enforcement bodies to deprive criminals of their proceeds of crime and prevent the further funding of crime are substantial and used effectively by relevant partners in Northern Ireland.
The Proceeds of Crime Act 2002 (POCA) is the principal legislation for criminal and civil asset recovery powers and anti-money laundering provisions across the UK. The powers available facilitate the recovery of assets by the confiscation of the proceeds of crime following a criminal conviction and by civil powers such as cash seizure and forfeiture, listed assets seizure and forfeiture, freezing and forfeiture of money in accounts, civil recovery action and tax recovery.
Operational organisations with asset recovery powers in Northern Ireland are represented on the Organised Crime Task Force (OCTF). The OCTF Annual Report and Threat Assessment (https://www.octf.gov.uk/publications/type/octf-annual-report-threat-assessments) records the operational response to disrupting the importation, distribution and sale of drugs by organised crime groups and reports on the asset recovery performance of all relevant partners. The OCTF partners routinely prioritise asset recovery in both proactive and reactive operations.
The Home Office publishes an asset recovery statistical bulletin covering asset recovery performance in England and Wales and Northern Ireland. Data linked to crime type/activity is not available:
https://www.gov.uk/government/statistics/asset-recovery-statistical-bulletin-financial-years-ending-2017-to-2022/asset-recovery-statistical-bulletin-financial-years-ending-2017-to-2022.
Utilising the full suite of asset recovery powers is essential in the fight against organised crime; NI must be as robust as other jurisdictions in its response. I prioritised the commencement of the outstanding provisions of the Criminal Finances Act 2017, which in June 2021 introduced the asset recovery powers to seize and forfeit listed assets and freeze and forfeit money in accounts. The use of these powers in Northern Ireland continues to grow and will be reported in the OCTF Annual Report and the Home Office statistical bulletin.
My Department continues to work with the Home Office on strategic and legislative approaches to enhance asset recovery.