§ Baroness Dean of Thornton-Le-Fyldeasked Her Majesty's Government: When they will provide a response to Mr Justice Butterfield's review of current practices at HM Customs and Excise. [HL247]
§ The Attorney-General (Lord Goldsmith)On 15 July 2003 the Government published in full the independent report of Mr Justice Butterfield into the current practices and procedures relating to disclosure, associated investigation techniques and case management in HM Customs and Excise's criminal cases. The Economic Secretary to the Treasury and I had asked Mr Justice Butterfield to examine the circumstances that led to the termination of the London City Bond prosecutions in Liverpool Crown Court on 25 November 2002, the changes in practice within Customs since the time of the cases to which those prosecutions related, and Customs' compliance with best practice in the use of investigation techniques. Mr Justice Butterfield also examined the preparation for and presentation of cases for court on behalf of customs.
On publication of the report, as I said in my answer to Lord Barnett on 15 July [Official Report, col. WA 96–99], the Government accepted in full a number of Mr Justice Butterfield's recommendations, many of which have now been implemented. On the recommendation that, in order to make its independence from Customs even more transparent, the Customs and Excise Prosecution Office (CEPO) should become an entirely separate prosecuting authority accountable to me as Attorney-General, the Government undertook to provide a response in the autumn.
In his report, Mr Justice Butterfield acknowledged the revitalisation of CEPO following the injection of additional resources and the improvement in the engagement with investigators. He referred to a palpable and detectable improvement in morale in CEPO. He went on to recommend that the solicitor for Customs and Excise should relinquish responsibility for prosecutions resulting from Customs investigations.
The Government agree that, to be most effective, these prosecutors must be independent, and be seen to be independent by judges, barristers and solicitors in the wider criminal justice system. The Government consider it is essential that there should be full confidence in prosecutors acting on behalf of Customs and accept the case for radical change.
33WAThe Government accordingly accept the recommendation of Mr Justice Butterfield to separate the prosecution and investigation functions in Customs, and to create an independent Customs and Excise Prosecutions Office during the course of 2004, led by a director accountable directly to me as Attorney-General. The office will be subject to a regular, independent and thorough inspection regime.
The Government intend to move to appoint a director as soon as practicable, who will be closely involved in the creation of an independent CEPO.
The Government also accept the recommendation that investigation legal advisers should now move to become the responsibility of HM Commissioners of Customs and Excise, and that these advisers will not be involved in the prosecution process. This arrangement will be reviewed after two years.
The creation of an independent CEPO will require the resolution of a number of practical issues, to which the Economic Secretary and I are giving careful consideration.