Andrey Lugvoy and Dmitri Kovtun Freezing Order 2020

Alberto Costa Excerpts

Monday 10th February 2020 General Committees

[John Glen]

The hon. Gentleman will be well aware that those matters are broader than what we are discussing this afternoon. I certainly recognise the Government’s commitment to legislating in this area, and I know that the matter is under urgent consideration. I cannot offer any more comments on that at this point in time.

The prevalence of the use of unexplained wealth orders is an operational matter that I am not able to comment on. I am aware from previous conversations in the House, possibly with the hon. Gentleman, about the frustration that exists in this area, part of which is about establishing a precedent and a legal basis of confidence for moving forward with those matters, but I am not able to offer him more on that at this point.

[Alberto Costa (South Leicestershire) (Con)]

I have a specific technical point. I would appreciate it if the Minister gave it consideration and perhaps wrote to me afterwards. As a lawyer who has read the schedule referring to legal professional privilege, I think it right that legal professional privilege should remain protected—that is, the privilege under paragraph 4, referring to counsel, barristers or solicitors, or to the confidentiality of communications, as it is known in Scotland. However, there is a little bit of confusion in paragraph 5(2), which adds, cryptically:

“Information and documentation is privileged if the person asked to provide or produce it would be entitled to refuse to do so on grounds of legal professional privilege”.

There is ongoing debate in the courts, both in Scotland and in England and Wales, about who can claim legal professional privilege. I am thinking of those regulated under the Solicitors Regulation Authority and others under the Legal Services Act 2007. Could the Minister write to us to confirm that this only applies to authorised persons in England and Wales—namely solicitors and barristers, and to solicitors and advocates in Scotland?

[John Glen]

I am certainly very happy to look at that matter and write to my hon. Friend with clarification as soon as possible.

I have responded to the questions as best I can; I recognise that I have not given total satisfaction to everyone, but I hope that the reason and rationale for this order are clear. The Treasury continues to believe that the conditions set out in the Anti-terrorism, Crime and Security Act 2001 for making this order remain satisfied, and I commend the order to the Committee.

Question put and agreed to.