Money Laundering Regulations: Politically Exposed Persons

Viscount Hailsham Excerpts

Tuesday 5th July 2022 Lords Chamber

[Baroness Penn (Con)]

My Lords, as I set out, the Government are looking at further evidence around changing the money laundering regulations so that enhanced due diligence is not automatically required for domestic politically exposed persons. In the meantime, I know that a round table was held with the noble Baroness and, I believe, the noble Lord, Lord Sharkey, to discuss some of these matters. My honourable friend the Economic Secretary will shortly be writing to all MPs and Peers on this issue to provide increased clarity to parliamentarians on the requirements placed on financial institutions regarding PEPs and the steps they can take to remedy any issues they may have with their banks.

[Viscount Hailsham (Con)]

My Lords, may I reinforce the Question asked by the noble Baroness, Lady Hayter? Over the last few years, I have received well over a dozen highly intrusive requests under the money laundering regulations. As a consequence, I studied both the regulations and the guidance, and I was in correspondence with Andrew Bailey when he was at the FCA and saw one of his senior officials. The plain truth is that the investment companies overinterpret—when they do not misinterpret—the regulations and ignore the guidance. They do not adopt a risk-based approach, they are not proportionate in their requests and they do not have access to publicly available sources of information, all of which is required by the regulations. They state they are required by law to obtain this information—which is not true—and, worse, they say that they will not release funds unless the intrusive information is provided. That is unlawful. This has to stop. Might I suggest that it is referred to a Select Committee of Parliament?

[Baroness Penn (Con)]

My Lords, it is for the Select Committees of Parliament to determine what they wish to investigate. However, I agree with my noble friend: he is absolutely right that firms are required to adopt a risk-based approach when deciding whether to apply enhanced due diligence. People who feel that they have been treated unfairly by firms have a route of redress via the Financial Ombudsman Service. However, as I said, my honourable friend the Economic Secretary will also be writing to parliamentarians to set out steps that they can take to remedy any issues that they have had with their banks where they feel that the action taken has been disproportionate.