Economic Crime (Transparency and Enforcement) Bill

David Linden Excerpts

Committee stage
Monday 7th March 2022 Commons Chamber

[Liam Byrne]

I am grateful for your guidance, Dame Eleanor, because I think I have made my point: the Government need to take on more power to seize and freeze these assets.

The final point I wish to make is about strategic lawsuits against public participation. We recently had a good debate on lawfare, sponsored by the right hon. Member for Haltemprice and Howden and myself. In amendments 37 and 38, we make proposals that the Government could adopt. I do not wish to press them to a vote tonight, but I would like the Minister to confirm what the Foreign Secretary and the Justice Secretary said in the media on Friday. The Justice Secretary told “BBC Breakfast” that SLAPPs were an

“abuse of our system and I’m going to be putting forward proposals to deal with that and to prevent that”.

The Foreign Secretary later told The Guardian that she had asked Government lawyers to “find literally any way” to crack down on SLAPPs. I would like this Minister’s confirmation that that is indeed going to happen, not in some consultation response to the Human Rights Act, but as a stand-alone piece of legislation, so that we can live in truth in this country. It is outrageous that English courts are being used as a means to silence journalists such as Tom Burgis, Carole Cadwalladr and Catherine Belton. I want great books such as “Butler to the World” by Oliver Bullough to be written with the freedom to tell the truth, and at the moment the oligarchs are denying us that freedom. They are launching a war on free speech in English courts, of all places. That scandal has surely got to stop.

I will conclude by saying that it is now clear that what our country needs Russia is a recontainment strategy towards Russia. That will entail a refortification of the NATO frontline to the east; resupplying the Ukrainian forces; and suppressing and repressing the Russian economy. Sanctions do not produce instant results—Presidents Mugabe and Maduro presided over economies in ruin for many years—but this would give us progress.

[David Linden (Glasgow East) (SNP)]

I rise to speak to amendment 63, which stands in my name and those of my colleagues. I am grateful to you, Dame Eleanor, for selecting it as a manuscript amendment, particularly at such short notice. I am not normally a fan of ramming a Bill through in such short order, but I understand the need for speed in this case.

As others said on Second Reading, the Bill is to be broadly welcomed, but it does not go far and fast enough. A much bigger and more wide-ranging debate stems from the Elections Bill, which is currently in the other place, and the eligibility of overseas voters and donors to influence our politics, but I do not think we want to go too far down that rabbit warren this evening. However, clause 38 makes provision for financial penalties to be applied in respect of overseas entities, and I support that.

My amendment seeks to close off a loophole: we could apply significant financial penalties to an individual, yet said individual, even if they lived overseas, would still be able to vote and, more concerningly, donate significant sums to UK political parties and influence our elections. I am the first to accept that our focus right now should be on applying the maximum economic sanctions on Russia to alleviate and end the military bombardment that it is subjecting the poor people of Ukraine to. It strikes me as a little bizarre that we can have a debate—and indeed legislate tonight—on the issue of dirty Russian money in these islands, but miss a trick by not also cleaning up our politics of said dirty Russian money. Countless warnings have been sounded on this issue, most notably in the Intelligence and Security Committee’s Russia report, which flagged up the vulnerability of our politics to Putin’s influence in cyber and in funnelling money into some political parties and referendum campaigns.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

The point made earlier by my hon. Friend the Member for Rhondda (Chris Bryant) was that so much of this Bill has been so slow in being forthcoming. There were huge delays in publishing the Russia report. Does the hon. Gentleman share my concerns that, given the report’s findings of Russian influence in British politics, that was another act by a Government who were perhaps benefiting from that?

[David Linden]

I am grateful to the hon. Lady for that. Even the Minister who is piloting the Elections Bill through in the Commons admitted that she had not read the Russia report, so it is no surprise that the Government are so ignorant towards it. It is an indisputable, though regrettable, fact that the Conservative party has previously accepted donations from people who have ties to the Kremlin. Such gifts to the party are legally, if not ethically, legitimate, in so far as they are within current electoral law when properly declared. However, lines have been drawn between senior Conservatives and some pretty unsavoury characters.

[Sam Tarry (Ilford South) (Lab)]

Will the hon. Gentleman give way?

[David Linden]

If I may, I will continue.

The genesis of my amendment comes from the fact that the Bill, as drafted, would make provision for an individual to be found to have committed an offence under part 1 of the Bill. The registrar would be able to impose significant penalties which I—indeed, I assume all of us—would support, but without the inclusion of my amendment 63 in the Bill, that individual would still be permitted to participate in UK democracy and, crucially, to donate money—dirty money—to influence our elections. If we leave this loophole open and unchecked, we will be in a perverse position in which Putin’s cronies are still polluting our politics with dirty money, even after they have been sanctioned through the use of the very legislation that we are discussing this evening.

One of the problems of rushing legislation is that we miss many issues that would be found during a proper process of scrutiny by both Houses. As I have said, there is much more than we can do in this regard. I should be interested to hear from the Minister, when he winds up the debate—probably just about now—why the Government would think that this small but important amendment, intended to tie up a loophole, should be rejected tonight. I look forward to his response.