Human rights warning over bill to break crime lords

Stringent new laws aimed at destroying the murky empires of Britain’s crime bosses could flout human rights legislation, it was claimed today.

Prof Brice Dickson of the Human Rights Commission told an Assembly Committee that aspects of the Proceeds of Crime Bill were ‘‘draconian’’ and could contravene European standards.

The draft legislation, introduced by Home Secretary Jack Straw last month, will apply to Northern Ireland, and should make it easier to seize the assets of top crooks.

It is expected to complement the NIO’s Financial Investigations Order, which will give increased powers to the RUC and Customs and Excise officers to probe the affairs of paramilitary godfathers and drug barons.

Under the Proceeds of Crime measures the state will be able to confiscate any money or property accumulated by convicted criminals over a six year period unless they can prove they were gained by legitimate means.

A Criminal Assets Recovery Agency will be established to target individuals suspected of criminal activity.

It will be given the power to initiate civil actions against those who have not been found guilty in a court of law.

Prof Dickson told the ad hoc committee set up to scrutinise the draft document that he did not wish to be accused of standing up for the rights of criminals.

But he said the Commission had a statutory duty to highlight possible areas where the European Convention on Human Rights could be infringed.

‘‘The Commission very much welcomes efforts to protect society against crime and to punish criminals,’’ he added.

He was concerned that the introduction of hearsay evidence and the reduction of the burden of proof in civil recovery proceedings could be in breach of Article Six of the European Convention on the right to a fair trial.

He was also worried about the powers to confiscate assets from people who are deemed to have a ‘‘criminal lifestyle’’ and he said that families of criminals could be left destitute through no fault of their own if all the assets were seized.

Committee Chairman Alban Maginness (SDLP, North Belfast) told Mr Dickson that a balance had to be struck between the protection of individual human rights and the protection of society.

‘‘Is it not fair to say that there is an overriding need, given the sophisticated nature of criminal activity in our society to counteract that mischief that is leading to massive profits?’’ he asked.

The Commissioner said there was little doubt that criminals were able to accumulate large amounts of money, which the state has found very difficult to recover.

‘‘Therefore the Commission is supportive of innovative thinking in this area. We do not necessarily accept that traditional categories and principles have to remain unaltered,’’ he added.