Sanctions

Debate between Lord Mackay of Clashfern and Lord Ahmad of Wimbledon

Tuesday 1st March 2022 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

They say that when you say it once, you say it twice; I hope the noble Lord might not need to say it thrice. I certainly note very carefully what he said. Of course, cryptocurrency provides an opportunity to weave a way out of some of the sanctions restrictions that are being applied, as he rightly articulated. I noted very carefully what he said and I will respond with more detail in due course.

[Lord Mackay of Clashfern (Con)]

My Lords, I think that a Russian oil tanker was expected today in Orkney. There was some question about whether it had been sanctioned. I wonder whether the Minister can resolve that point, which is rather important, because Orkney is of course a very important part of the world.

[Lord Ahmad of Wimbledon (Con)]

I cannot answer specifically on that vessel. It depends on what time it came in, because the measures announced by my right honourable friend the Transport Secretary came into force at 1500 hours. It really depends on where the vessel was when those sanctions came into force.

British Council

Debate between Lord Mackay of Clashfern and Lord Ahmad of Wimbledon

Wednesday 9th June 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I acknowledge the noble Baroness’s work in Angola. I know that she is involved with the British Council APPG. I have seen directly in my travels as a Foreign Office Minister, then as a joint Minister and now as a Minister at the merged FCDO the important work that the British Council does, including on English language training. I reassure the noble Baroness that we have provided support. The overall package is around £609 million over the past year, which includes emergency funding in March 2020 in line with the pandemic. We are working through the issue of any underlying shortfall with the British Council leadership. If the noble Baroness goes into the figures quite specifically, she will see that this is a very generous settlement for the British Council.

[Lord Mackay of Clashfern (Con) [V]]

My Lords, I wonder whether my noble friend can say what has been accomplished over the last three years by the offices threatened with closure? Is it wise to close offices when the British Council is crucial to widen the influence of the United Kingdom in the world at this critical time in our national history?

[Lord Ahmad of Wimbledon (Con)]

My noble and learned friend again draws attention to the proposed closure of certain offices. I assure him that we are looking at and working through the implications for the services within each country but, equally, ensuring that we can plug the gap through an innovator model, including a hub-and-spoke model for a particular country, or through technology enablement.

Hong Kong: Pro-Democracy Campaigners

Debate between Lord Mackay of Clashfern and Lord Ahmad of Wimbledon

Monday 19th April 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, the noble Baroness will already have noted the co-ordination we have shown with our G7 partners and the support we have gained from them on the situation in Hong Kong. Although the agenda is still being finalised for the leaders’ meeting, I am sure the situations in China and Hong Kong will be very much a part of the considerations. As for taking action against those in Hong Kong, we keep the situation under review, as I have said, but I cannot go further than that.

[Lord Mackay of Clashfern (Con) [V]]

My Lords, apart from admitting residents of Hong Kong to the United Kingdom, what policy can Her Majesty’s Government follow to improve the liberties of the citizens of Hong Kong?

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble and learned friend raises some important points about the people of Hong Kong. As he will have noted, we have taken specific steps to broaden the offer to British nationals overseas and their families. That process is operating well. Of course, if anyone seeks the sanctuary of the United Kingdom because of the persecution they face, we will look at each case individually and provide the support needed. That applies to anyone around the world.

Hong Kong: Legislative Council

Debate between Lord Mackay of Clashfern and Lord Ahmad of Wimbledon

Thursday 12th November 2020 Lords Chamber

[Lord Mackay of Clashfern (Con) [V]]

What course can Her Majesty’s Government follow that is likely to improve the situation for freedom in Hong Kong?

[Lord Ahmad of Wimbledon (Con)]

My noble and learned friend raises an important issue. On 6 October, 39 countries issued a joint statement at the UN General Assembly expressing deep concern at the situation in Hong Kong, building on the Human Rights Council statement in June. We believe that this joint approach with other international partners is the best approach in pressing China to live up to its obligations.

Hong Kong

Debate between Lord Mackay of Clashfern and Lord Ahmad of Wimbledon

Tuesday 21st July 2020 Lords Chamber

[Lord Ahmad of Wimbledon [V]]

My Lords, as I am sure the noble Lord has noted, my right honourable friend the Foreign Secretary made a Statement yesterday in the House extending the embargo on arm sales to mainland China, which will now also be applied to Hong Kong.

[Lord Mackay of Clashfern (Con) [V]]

My Lords, the appointment of senior judges to give service in Hong Kong is an important part of its international character. What are the prospects of that continuing?

[Lord Ahmad of Wimbledon [V]]

My Lords, my noble and learned friend is right to raise this important issue. As we have seen in recent announcements, the appointment of judges has passed to the chief executive, but we also note the important announcement of Lord Reed, who made it clear in his statement on Friday 17 July that whether this practice continues will depend on if such a service remains compatible with judicial independence and the rule of law.

Libya

Debate between Lord Mackay of Clashfern and Lord Ahmad of Wimbledon

Monday 13th July 2020 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord is right to raise the issue of central banks. Both sides need to get together on the two institutions to ensure equality of approach on that. We deeply regret that the oil blockade has been reimposed on oil facilities and we call on all parties, including those engaging in support of either side, to ensure that oil revenues can start flowing and bring some kind of economic rebuilding to the country.

[Lord Mackay of Clashfern (Con) [V]]

My Lords, to what extent have the Government influence with the various participants directly to persuade them to join the conference that is so greatly needed?

[Lord Ahmad of Wimbledon]

My Lords, we continue to have strong alliances. Turkey is a NATO partner and, as has already been said, the UAE and Egypt continue to be constructive partners and allies to the UK. We will use our influence bilaterally and through multilateral fora.

Sanctions and Anti-Money Laundering Bill [HL]

Debate between Lord Mackay of Clashfern and Lord Ahmad of Wimbledon

Wednesday 17th January 2018 Lords Chamber

[Lord Ahmad of Wimbledon]

My noble friend is right to raise the point and I admire all noble Lords who have followed the thread. The reason I have gone into detail, as my noble friend has articulated, is that the range of amendments in this group is quite extensive. Also, as I have said before, it reflects the importance of the discussions we have had.

On the specific issue of Amendment 71A, on this occasion I regret that we are unable to meet the views of the noble and learned Lord. However, I hope that I have indicated at least in part that this is not a departure from the existing system. Indeed, it is something which has been applied previously and continues to be so. I hope, therefore, that I have convinced noble Lords that the Government’s proposed changes—aside from the differences set out by the noble Baronesses, Lady Kramer and Lady Bowles, which we have talked about and I appreciate and acknowledge—will ensure that proper safeguards are put in place in the Bill regarding offences, rather than removing the ability to create them and leaving a vacuum that we believe would weaken the UK’s anti-money laundering regime.

I hope also that I have convinced at least some noble Lords—I am looking behind me as well as ahead; it does not say that in my speaking notes. I have gone into detail but I believe that it was necessary to do so since, as I have always said, this is an important Bill. With those reassurances, I hope that noble Lords who have tabled amendments in this group will be minded to withdraw them.

[Lord Mackay of Clashfern]

Just before my noble friend sits down, can he help me on one point? There is already authority to make regulations in respect of money laundering which have criminal sanctions. If so, why is another provision to the same effect necessary? Can he help us further by explaining why it is necessary to do this not only for money laundering but in other areas where authority in primary legislation already exists to lay statutory instruments?

[Lord Ahmad of Wimbledon]

What I have been saying in the examples I have quoted is that the use of the regulations is not something new.

Cities and Local Government Devolution Bill [HL]

Debate between Lord Mackay of Clashfern and Lord Ahmad of Wimbledon

Tuesday 12th January 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

I raised the issue of the buses Bill when I was being briefed for this Bill. I know that it is being drafted and we are looking for appropriate parliamentary time to ensure that we can introduce it at the earliest opportunity.

I again thank all noble Lords for their support for the amendment.

[Lord Mackay of Clashfern]

I think new Section 102T deals with the point made by the noble Lord, Lord Shipley, about requiring affirmative resolution for the generality of regulations under this provision.

[Lord Ahmad of Wimbledon]

As ever, my noble and learned friend is correct.

Crime and Courts Bill [HL]

Debate between Lord Mackay of Clashfern and Lord Ahmad of Wimbledon

Wednesday 12th December 2012 Lords Chamber

[Lord Mackay of Clashfern]

My Lords, I support the change in position made by the noble Lord, Lord Beecham, between Committee and today regarding allowing Parliament to discuss the prosecution code without it being incorporated in a statutory instrument. It might help the Director of Public Prosecutions, the director of the Serious Fraud Office and the prosecuting authorities generally to have the views of Parliament expressed in a debate in Parliament before the code is finally adopted.

[Lord Ahmad of Wimbledon]

My Lords, Amendments 116DA and 116DB revisit an issue that we considered in Committee: namely, parliamentary scrutiny of a code of practice for prosecutors to support the DPA scheme. However, as the noble Lord, Lord Beecham, said, the issue has changed somewhat. In providing for a code of practice for prosecutors in relation to DPAs, the Government have been clear that the intention is to ensure consistency with other statutory provisions relating to guidance for prosecutors on operational matters. The noble Lord, Lord Beecham, referred to HSBC and the related US experience. As has been said previously, the DPA is a new addition to the UK system, and we will be looking to apply it at a future point. However, for now the Government’s position has been made clear.

The code of practice for DPAs, in the same way as the code for Crown prosecutors, will provide guidance on the exercise of prosecutorial discretion in making decisions and on key procedural and operational matters concerning DPAs. The independence of prosecutors is fundamental to the effective operation of DPAs. Therefore, it is entirely appropriate for the code for DPAs to be issued by the Director of Public Prosecutions and the director of the Serious Fraud Office. The Government have absolute confidence in the directors.

I hear what my noble and learned friend Lord Mackay mentioned in support of the points made by the noble Lord, Lord Beecham. However, the Government do not consider it necessary to make the code subject to parliamentary scrutiny. As DPAs become enshrined in UK law, I am sure that we will return to these issues. Indeed, the opportunity remains for any noble Lord to raise this issue through appropriate parliamentary procedures, be they QSDs or any other.

The approach to publication of the code provided in the schedule is wholly consistent with that under Sections 9 and 10 of the Prosecution of Offences Act 1985 in respect of the code for Crown prosecutors. The code of practice for DPAs, both the first and any future versions, will be provided to the Attorney-General by way of the Director of Public Prosecutions’ annual report, and he will in turn lay it before Parliament. The Delegated Powers and Regulatory Reform Committee did not raise any concerns about this proposed approach for the code of practice. The code is an operational document that needs to be responsive to the context in which it operates. The proposed amendments would, in particular, restrict the directors’ ability to amend or update the code as necessary to reflect timely changes in the law or lessons learnt having utilised the DPA process. The key elements of a DPA are clearly set out in the Bill. The code of practice will support the operation of the process, and the directors have committed to consult on its contents.

Amendment 119A would introduce a new and very broad basis for corporate criminal liability. Currently, there is a statutory basis for dealing with specific offending on the part of corporate bodies, for example, statutory provisions exist for dealing with corporate manslaughter, bribery and regulatory offending, such as health and safety rules. There is, however, no legislation which expressly creates general criminal liability for companies. Wider corporate liability is founded upon common law rules which attribute liability to a corporate body where the conduct is on the part of the directors, officers and those who occupy roles at the corporate centre. However, reliance is often placed on individual liability where there are many punishments and sanctions available to deal with economic or financial wrongdoing. This is, to a degree, due to the fact that corporate prosecutions are much more difficult and complicated than individual prosecutions and furthermore cases often involve lengthy and costly investigations.

The noble Lord, Lord Beecham, also referred to this point in relation to the Bribery Act 2010. The extent to which the current law of corporate criminal liability can be improved upon by employing the new “failure to prevent” formulation incorporated in the Bribery Act 2010—which the noble Lord’s amendment seeks loosely to emulate—is a matter for long-term examination. As I am sure the noble Lord, Lord Beecham, appreciates, the Bribery Act has been in force for less than 18 months. It is appropriate to allow the provision in the Act to bed down before we examine the extent to which the formulation could be usefully rolled out into other areas. However, I assure the House that the Government are committed to ensuring that investigators, prosecutors and the courts have the right tools to address financial and economic crime effectively, as is evidenced by Schedule 17.

DPAs have been specifically designed to ensure that corporate bodies are held responsible for alleged financial or economic wrongdoing on their part by providing an alternative means of disposal and a broader scope of sanctions. We remain satisfied that it is correct for the Government to focus on offering an additional route for holding to account organisations that are willing to engage in the process or otherwise face prosecution rather than on the basis of the liability itself. The noble Lord, Lord Beecham, also asked me to speculate on any level about the Sentencing Council and what it may arrive at. I am sure he appreciates that it would be totally inappropriate for me to speculate in that regard. In light of my explanations, I hope that the noble Lord, Lord Beecham, will withdraw his amendment.