§ 2.54 p.m.
§ Lord RodneyMy Lords, I beg leave to ask the Question standing in my name on the Order Paper.
The Question was as follows:
To ask Her Majesty's Government whether any order has yet been made under Section 1 of the Drug Trafficking Offences Act 1986 and whether they intend to extend this process to any further offences, and if so, which.
The Earl of CaithnessMy Lords, the provisions of the Act empowering the courts to make confiscation orders are not yet in force; we expect to be able to bring them into effect by the turn of the year. We would wish to take the opportunity of a future criminal justice Bill to empower the courts to confiscate the proceeds of other serious crimes where the offender has profited substantially.
§ Lord RodneyMy Lords, I thank my noble friend for that Answer. May I ask him whether he is aware of the excellent presentation that his honourable friend Mr. Mellor gave to the EC Interior Ministers at a recent conference in Lancaster House? Can he tell the House what results came from that conference?
The Earl of CaithnessMy Lords, I am grateful to my noble friend for his question. I endorse his statement that it was a very successful conference. In addition to the confiscation powers, the Act creates offences of laundering the proceeds of drug trafficking and of prejudicing an investigation. It also provides for reciprocal enforcement arrangements to be concluded with other countries in due course, and that is what we are doing with a number of EC countries.
§ Baroness Masham of IltonMy Lords, perhaps I may ask the Minister how many other European countries have such legislation and whether Interpol will be helpful when the legislation comes into force.
The Earl of CaithnessMy Lords, I am afraid I am unable to answer my noble kinswoman. Perhaps I may write to her on this matter.
§ Lord MishconMy Lords, while no one wishes to forecast legislation which one day may be before us, will the noble Earl have it firmly fixed in his mind that when we dealt with the penalties and possibilities in regard to drug offences we were dealing with exceptional matters, and that they must not always be used as precedents in our criminal law?
The Earl of CaithnessMy Lords, I have read with interest our discussions as the Bill progressed through your Lordships' House. Not all the powers contained in the Drug Trafficking Offences Act will be appropriate in a wider context. However, we believe that some of those powers could he usefully used to stop offenders enjoying the profits of their crime when they are released from prison.