International Anti-Corruption Court

Baroness Chapman of Darlington Excerpts

Monday 2nd September 2024 Lords Chamber

[Lord Hain]

To ask His Majesty’s Government whether they intend to hold discussions with other governments on establishing a new International Anti-Corruption Court; and if so, when.

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office (Baroness Chapman of Darlington) (Lab)]

My Lords, this Government will drive a powerful agenda to tackle corruption and kleptocracy, working at home and with international partners. Addressing the issue of impunity for the most egregious acts of corruption is vital. International engagement will be crucial, including discussions around the proposed international anti-corruption court, which we will certainly engage with as they arise. We are also considering how to build on the world-leading capabilities in the National Crime Agency, among other areas.

[Lord Hain (Lab)]

My Lords, I thank my noble friend for her encouraging Answer and also applaud the Foreign Secretary for backing a new international anti-corruption court. It is vital to combat the transnational networks of corrupt politicians, officials, bribe payers and money launderers who act with impunity to enrich themselves, London and the UK overseas territories being havens for corrupt billions. A diverse group of eminent experts has just met in Hamburg to develop a draft treaty, so when do the Government intend to hold discussions with other interested Governments, especially the main victims in the global South, on the urgent necessity to establish the court?

[Baroness Chapman of Darlington (Lab)]

I am grateful to my noble friend for both his Question and his decades-long mission on this topic. He is absolutely right to want to hold our feet to the fire on this. Tackling illicit finance across the UK, its overseas territories and the Crown dependencies, as well as working with partners internationally, is a priority for the Government, and the Foreign Secretary recently stated in the other place that he intends to take up these issues “with full vigour”. The Government are certainly interested in the progress of discussions around the establishment of the court. We are mindful of the importance of the issues that the noble Lord raises and the need to work in tandem with our international partners to explore the proposals for the court and to tackle illicit financial flows more broadly.

[Lord Alton of Liverpool (CB)]

My Lords, thanks to the noble Lord, Lord Hain, a number of us were able to hear Judge Mark Wolf outline his proposal for an international anti-corruption court. Is the noble Baroness aware that some 145 world leaders from 45 different countries have now signed the declaration? In welcoming what she has said, I draw her attention to the op-ed written by Gordon Brown which says that this is how Putin could be brought to justice. Will she agree to a round table, perhaps with Judge Mark Wolf and Gordon Brown present, to inform the debate further?

[Baroness Chapman of Darlington (Lab)]

I am very grateful to the noble Lord. I was aware of the discussions in Hamburg, which are a very helpful next step. I have not read the op-ed by my friend Gordon Brown, but I commit to doing so promptly. I would be very interested and happy to join any discussions along the lines the noble Lord described.

[Lord Purvis of Tweed (LD)]

I welcome the Minister to her portfolio and wish her well in that role. I also share her commendation of the noble Lord, Lord Hain, for his consistency on this issue, including a Question asked last July in the House on which her colleague, the noble Lord, Lord Collins, asked the Government proactively to support the drafting of an international convention on this issue. Am I to assume that the Minister will take forward what the noble Lord asked for in opposition and proactively ask officials to be part of the drafting process?

[Baroness Chapman of Darlington (Lab)]

Noble Lords will of course understand that we cannot make progress on this without a treaty on which to base it. We cannot produce that treaty ourselves; it must be done, by necessity, with international partners. We see this very much as complementing the work that has been done on international money laundering in the UK and with the British Virgin Islands and elsewhere. Should there be discussions along the lines which the noble Lord outlined, we would be happy to take part in them.

[Lord Sandhurst (Con)]

My Lords, I welcome the Minister to the Front Bench. The United Kingdom’s international anti-corruption unit has been a world-leading capability since its establishment in 2017. As we heard last year, by 2023 it had

“disseminated 146 intelligence reports, identified £1.4 billion-worth of assets, and supported the freezing of £623 million-worth of assets”.—[Official Report, 6/7/23; col. 1301.]

Grand corruption is a grave issue. What further steps will the Government take to better recover stolen assets?

[Baroness Chapman of Darlington (Lab)]

I am very grateful to the noble Lord for his remarks. We share our ambition and determination to tackle this issue in as many different ways as are necessary. I highlight the International Anti-corruption Co-ordination Centre, which is part of our NCA. It has been incredibly successful and is unique internationally in its ability to share data and investigate and pursue money that has been raised illegally elsewhere in the world. We want to build on this success.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, on the question of corruption, one of the wonderful things in our manifesto was the proposal to appoint a Covid corruption commissioner. Will the Minister give a clear indication that that appointment will be made as quickly as possible so that the culprits can be brought to book—including a Member of this House?

[Baroness Chapman of Darlington (Lab)]

I am always trepidatious when my noble friend stands up. Probably the best thing I can do is commit to raising the issue of the Covid corruption commissioner with my relevant colleagues in the Department of Health.

[Baroness Jones of Moulsecoomb (GP)]

The noble Lord opposite made a very good point that there seems to have been an awful lot of corruption over the past 14 years, and presumably into the future. Perhaps the unit needs better funding.

[Baroness Chapman of Darlington (Lab)]

I will take on board the comments of the noble Baroness.

[Lord Sikka (Lab)]

My Lords, while the Minister is looking into various things, can I also invite her to look at the failure of the Criminal Finances Act 2017 to prosecute any corporation for tax evasion? The law was specifically introduced for that purpose, but nobody has been prosecuted.

[Baroness Chapman of Darlington (Lab)]

The noble Lord’s question highlights the diverse nature of the issues we face. We are looking at kleptocracy and, as he references, tax evasion; we are also looking at proceeds of crime and unexplained wealth. There are very many strands to this, and I welcome his invitation to consider them in a rather more holistic way. This is perhaps a good time to remind noble Lords about the vigour the Foreign Secretary, Home Secretary and Chancellor are determined to use to tackle these issues in a more rounded and holistic way.

[Lord Pannick (CB)]

My Lords, the Minister needs to bear in mind that the poor performance of the International Court of Justice and the International Criminal Court means that many of us do not have great enthusiasm for the creation of another international court.

[Baroness Chapman of Darlington (Lab)]

I take my noble friend’s point; I have heard him say such things in this Chamber on many occasions in the past. We need as many tools in our toolbox as we can assemble. However, unless we get the building blocks in place—in terms of international agreements and agreed principles and other nations’ domestic processes—then a court will be less likely to be successful than if we are to get those building blocks in place first.

[Lord Wallace of Saltaire (LD)]

My Lords, in the fight against corruption, transparency of ownership and of financial transactions is clearly important. We have seen a number of things in recent years about Crown dependencies and overseas territories agreeing to make transactions and ownership within their jurisdiction more transparent. The actual agreement, however, has not led to enforcement. Will the Government take action to ensure the voluntary agreement which overseas territories are asked to make is actually made and enforced?

[Baroness Chapman of Darlington (Lab)]

The noble Lord is right to raise this; it is a work in progress. We are in close engagement with overseas territories on the sharing of information and on registration of ownership. We have done a lot of work in the UK relatively recently on this, which I know the noble Lord will be aware of, but he will appreciate that this is the subject of ongoing discussions and engagement with overseas territories.