Hansard

The motion states that, since 2008, £74 million of funds has gone to the cashback for communities programme, which has provided funding for 1.5 million positive activities and opportunities for young people in Scotland. That is clearly to be welcomed, especially as the programme involves proceeds of crime being targeted at young people who are most at risk of turning to crime and antisocial behaviour. The sport, cultural, mentoring and early years projects that the scheme funds provide a choice for young people who previously may have felt that they had no choice other than to gravitate to criminal activity.

In practice, the programme has resulted in projects and facilities being delivered in Scotland’s 32 local authority areas. In Central Scotland, projects in Lanarkshire include badminton courses for 10 to 19-year-olds that are organised by North Lanarkshire Leisure and run by local coaches. The course starts on 7 August at the Tryst sports centre in Cumbernauld and the project continues for a block of 10 weeks, with sessions in Airdrie, Wishaw, Bellshill and Shotts.

In addition, a new third-generation synthetic turf football pitch has been established at Dalziel park in Motherwell and, in 2012, the East Kilbride Pirates American football team gained funding thanks to the cashback for communities small grants scheme, which covered transport costs and additional kit, with the aim of getting more kids in the East Kilbride area playing American football. Meanwhile, in Falkirk, young offenders at HM Prison and Young Offenders Institution Polmont are being encouraged to build self-esteem and confidence through a dance programme, which will result in an opportunity to perform at the Go Dance 14 event in Glasgow’s Theatre Royal. Self-evidently, a variety of worthwhile projects are being funded through the cashback programme.

Turning to the mechanics of how the money for cashback for communities is collected, both criminal and civil recovery powers under the Proceeds of Crime Act 2002 are employed by the Crown Office and Procurator Fiscal Service, working in conjunction with relevant agencies such as Police Scotland and Her Majesty’s Revenue and Customs. Two units in the Crown Office—the proceeds of crime unit and the civil recovery unit—carry out the work. The vast majority of the recovered proceeds are used to fund the cashback for communities programme.

The criteria for the allocation of money that has been seized under the Proceeds of Crime Act 2002 were agreed by the serious organised crime task force and are:

“(1) additional funding for CashBack for Communities; (2) funding to Police Scotland and the Crown Office for enhanced recovery of Proceeds of Crime Act receipts; and (3) other projects, which may include community projects.”

It is worth noting that, according to a paper that the Scottish Police Authority issued in December, serious organised crime

“costs the Scottish economy approximately £2 billion per annum”,

and the harm that it does to local communities

“extends far beyond financial implications.”

However, even in the peak year 2012-13, only £10 million was seized under the 2002 act. Although good work is certainly being done, more could be done to disrupt crime and, in the process, collect more money.

The need to tackle that aspect is the basis of the amendment in my name, which calls for

“more analysis ... to identify and follow up on crimes in which the Proceeds of Crime Act 2002 could be implemented in order to maximise the amount of money seized”,

and disrupt crime, of course.

It is worth stressing that police services must be sufficiently funded and must not rely on criminal money for their core activities. Nonetheless, there is a case to be made for enabling Police Scotland and the Crown Office to bid for money from the proceeds of crime for specific projects.

Let me be clear that I am talking about projects to identify crimes that could be actively pursued in the context of the 2002 act, such as targeted organised shoplifting by criminal gangs, which is a much bigger issue than shoplifting by individuals. Such an approach would have two positive effects: it would disrupt organised crime and it would generate even more funds for cashback schemes.

It is essential that we ensure that collection rates are as good as they can be. It is therefore encouraging that further steps have been taken in Scotland to increase the take under the 2002 act, through the Crown Office’s commitment to pursue court expenses. That will be done through the civil recovery unit, which has pledged to pursue sequestration if necessary, when a challenge to recovery has been made and has failed. Quite simply, if an individual is sequestrated it is much harder for them to get a house or use the proceeds of crime for their benefit. In addition, tens of thousands of pounds will be recovered from court expenses.

It is to be hoped that the suggestions that I have made in my speech and in the amendment in my name will improve and increase the funding for the cashback for communities scheme, by ensuring that proceeds of crime legislation is applied as effectively as possible in recovering funding from people who benefit from organised crime. I welcome the cabinet secretary’s confirmation that he will consider the points that I have made, although I am a little disappointed that he is not able to support the amendment in my name.

I have much pleasure in moving amendment S4M-10278.2, to leave out from “, and believes” to end and insert:

“; believes that much more analysis could be done to identify and follow up on crimes in which the Proceeds of Crime Act 2002 could be implemented in order to maximise the amount of money seized; considers that Police Scotland and the Crown Office must always receive the core funding necessary for them to discharge their responsibilities, but believes that there may be merit in looking at the option of enabling Police Scotland and the Crown Office to make specific bids for money obtained from the proceeds of crime for identified projects while ensuring that funds obtained from the proceeds of crime continue to be focused on projects in communities across Scotland as well as those particularly affected by crime and antisocial behaviour and, in so doing, continue to tackle breaking the cycle of youth offending in communities.”