Criminal Justice (International Co- operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Amendment Order 1993

HL Deb 12 July 1993 vol 548 cc72-4

7.12 p.m.

The Minister of State, Scottish Office (Lord Fraser of Carmyllie) rose to move, That the draft order laid before the House on 27th May be approved [32nd Report from the Joint Committee].

The noble and learned Lord said: My Lords, I beg to move the draft Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Amendment Order 1993, and to speak to the draft Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Amendment Order 1993.

The orders before your Lordships today show the Government's continuing commitment to fight against drug trafficking and to deprive those involved of the proceeds of their activities. To combat the international nature of drug trafficking nowadays, we require considerable co-operation between countries. The orders represent a further extension of the network of countries with which we now have reciprocal agreements to co-operate in tracing, freezing and confiscating the proceeds of drug trafficking.

The primary function of the orders is to extend the list of designated countries in the principal orders made in 1991. This list was previously extended by amendment orders made in June last year. The present orders bring the total number of designated countries to almost 100.

The draft orders, like the previous orders, are made under the Criminal Justice (Scotland) Act 1987 and the Criminal Justice (International Co-operation) Act 1990. The orders replicate the safeguards built into the earlier orders to protect the rights of the accused or convicted persons and the rights of third parties who may be affected by the enforcement process. I commend the orders to the House.

Moved, That the draft order laid before the House on 27th May be approved [32nd Report from the Joint Committee].—(Lord Fraser of Carmyllie.)

Lord Macaulay of Bragar

My Lords, I am grateful to the noble and learned Lord for bringing these orders before your Lordships House. It goes without saying—but I shall say it—that this side of the House welcomes any legal measures to improve legal co-operation in tracking down the so-called "drug barons" in the first place and, on conviction, in denuding them of the proceeds of their evil trade which brings misery, ill health and even prison to those who become involved with them as clients. The drug trade also leads to a great deal of upset for individuals and their families and to unnecessary deaths.

The recent and spectacular hauls of drugs by the authorities indicate that international co-operation is working in a practical sense. The two orders add another arrow to the how of the forces of law and order and show the importance of international co-operation. Long may it continue.

The ideal world will be one in which those who lead this massive and evil industry find themselves behind prison bars and, when they are released, find that what awaits them is as barren and as bleak as the prison cells in which they were deservedly incarcerated. These measures will assist in achieving that objective.

It is an unfortunate aspect of drug trafficking that too few of the main perpetrators are caught. It is usually the middle man who is caught and put into prison. No doubt, however, as international co-operation becomes more sophisticated, we shall get to the top of the tree one day and finally bring the trade to an end.

The fight against drug traffickers is, and has been, relentless. Anything that is done through legislation by Parliament to catch such people will receive the full support of the Opposition. It might be irrelevant when dealing with these orders to say this, but I am bound to say that the progress which has been made recently has been spectacular in terms of confiscating large hauls and locating their whereabouts in the first place. That would not be possible but for the hazardous, courageous and meticulous work of the investigating authorities and those who assist them. This country owes them a great debt. Tributes of the highest order should be paid to them for their work to date.

Baroness Carnegy of Lour

My Lords, perhaps I may ask my noble and learned friend how these excellent measures are affected by the inter-governmental arrangements within the European Community which will come into effect when Maastricht is ratified. Do the orders relate to countries within the European Community as well as to other countries? Are they reciprocated by other countries? Could my noble friend answer those questions in a nutshell or are they too complicated to be answered briefly?

Lord Fraser of Carmyllie

My Lords, no, those questions are not too big to be answered now. About 100 countries are already designated. Our major partners within the European Community, such as France, Germany and Italy, are already signed up in bilateral arrangements with them. It is important to appreciate that following the break-up of the Soviet Union it has been necessary to extend the relationships that we have had in the past. The order covers countries that were formerly parts of the Soviet Union. Not all such areas are covered, but a significant number now are, including: the Ukraine. As my noble friend will appreciate, it is a matter of considerable significance not only that we should have these arrangements in place in Europe but, as is clear from the order, that we should have such relationships with South America also.

On Question, Motion agreed to.