Sanctions and Anti-Money Laundering Bill [HL]

Debate between Baroness Kramer and Lord McNally

Committee: 4th sitting (Hansard): House of Lords
Tuesday 12th December 2017 Lords Chamber

[Baroness Kramer (LD)]

My Lords, perhaps I may just add a word on this occasion. I welcome the comments of the noble Lord, Lord Collins, and the speech of my noble friend Lady Bowles, but I would be far less concerned about trying to change the regulatory procedures we are considering today if we had in Clause 41 an appropriate policy framework under which regulations were to be placed—that is, the safeguards, the range of powers and the proper kind of scope that I think every noble Lord has considered normal in primary legislation. That layer is completely missing. The whole range of safeguards, including policy safeguards, rests with the Executive, while Parliament will have an opportunity to express itself only through its response to statutory instruments. If that were the end state at which we arrived then I think that anything other than provision for the super-affirmative procedure would be so undemocratic as to be offensive to this House.

I still think that the better solution is for the Government to accept that this is an area of genuine policy which requires genuine safeguards and genuine scope, and they should take on the responsibility of putting those safeguards in primary legislation. I do not understand why they have chosen not to do so. The reasons they have given are, first, that some things need to be done fast, though I think we have agreed across the House that it could be done through a carve-out; and, secondly, that there will need to be a transposition from EU law, although that too can be handled on a mere technical basis.

The issue is the absence of primary legislation as the framework for this process. There is no sunset clause on this provision; that is almost a side issue. The fact that the Government are seeking to manage this entire process without bringing crucial issues back to be dealt with by Parliament, in the proper and democratic way, troubles me hugely. I do not think we have heard any explanation from the Government as to why it is crucial to change the balance of power between Parliament and the Executive or why they are using this Bill as an instrument to do so.

[Lord McNally (LD)]

My Lords, there is always a temptation in these processes, as the noble and learned Lord, Lord Judge, said, to make the same speech over and over again, but perhaps this speech will suffice for the other issues we will cover today and in the course of this Bill and other Bills.

Of course one of the big worries about the process on which the Government are embarked is—as has been said before, and has just been remarked on—this movement of sovereignty from Parliament to the Executive. I think that this House is doing its job by being very aware of that, but there is another issue in the background to this. I welcome the publication of the anti-corruption strategy. It is keeping faith with a process that has gone on over the past number of years, with all three parties that have been in government, to try to get our house in order regarding our reputation in dealing with corruption, money laundering and associated crimes.

The truth is that we must not be complacent about this. The noble Lord, Lord Hain, was quite right: there is a taint about the behaviour of some in the City. There is a taint about some of the operations of overseas territories, which we will be looking at later. When I was the Minister responsible for the Crown dependencies, my one piece of advice to them was to make sure that they were as transparent as possible in meeting the highest national and international standards. One of the things that the Government and both Houses have to think about as we go through this process that the Government are embarked on is that there are still those who see our future as the buccaneers of world trade, and believe that London and the UK will become a haven for practices that we do not approve of.

That is why it is important that what we put in place during this period will be the base and foundation of our reputation. Those of us who want to see that reputation based on upholding the highest standards—and I fully accept that the Minister shares this—have to understand that each piece of legislation we put forward will be tested against the questions: what do they mean by this, are they going to slip from previous commitments, and are they going to be as tough as they were? Those are the tests that are going to be put to us. Both Houses, and this House in particular, will have to be on their guard to make sure that those highest standards are maintained.