Jeremy Wright
Main Page: Jeremy Wright (Conservative - Kenilworth and Southam)Department Debates - View all Jeremy Wright's debates with the Department for Education
(8 years ago)
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The Attorney General (Jeremy Wright)
The offence of failing to prevent bribery under the Bribery Act 2010 is holding corporate offenders to account for criminal activity and has incentivised good governance within companies. A new offence of failing to prevent tax evasion is included in the Criminal Finances Bill, which is going through Parliament at the moment, and a call for evidence will be published shortly to explore the options for further reform.
Nigel Mills
I am grateful for my right hon. and learned Friend’s answer; I know he has had a busy week. I am sure he is aware that there is real concern that our regime has made it much harder to prosecute senior directors of companies that have been involved in very serious wrongdoing. When he gets on to this consultation—perhaps he could say when that will be—will he look at other regimes such as that in the US, to see how they have performed better than we have?
The Attorney General
I hope it is no disrespect to my hon. Friend to confirm that he is not the most intimidating tribunal I have addressed this week. He is entirely right that we should look at examples abroad, as well as at domestic practice, to make sure that we are doing all we can to deal with corporate criminal offending. He is right, too, that we must address the issue of whether it is easier to prosecute those in charge of small companies than those in charge of large companies because of the complexity of the latter’s management structures, because that cannot be right.
Angela Crawley (Lanark and Hamilton East) (SNP)
During the passage of the Criminal Finances Bill, the Government have so far refused to extend corporate economic crime beyond tax evasion. Does the Attorney General agree that companies should only be criminally liable for failure to prevent tax evasion?
The Attorney General
The hon. Lady’s question reflects precisely why we are asking for evidence on this subject. We will then conduct a consultation to see whether there is a case to extend the type of “failure to prevent” offences that she describes beyond bribery, where it currently exists, and tax evasion, where it will shortly exist, assuming that Parliament passes the Criminal Finances Bill. There is an argument to say that we should look at this, because, as I say, there are other types of offending where it would be sensible to consider whether a “failure to prevent” offence would be appropriate.
Robert Neill (Bromley and Chislehurst) (Con)
The late Professor Gary Slapper, the well-known commentator and columnist who sadly died at the weekend, was a considerable crusader for informing the law on corporate responsibility. It would be a tribute to his memory if we were to work on that.
Does my right hon. and learned Friend agree that we should also look at two other matters? The first is the so-called Magnitsky arrangements for freezing the assets of those involved in corruption. Secondly, in order to enforce that, we must maintain the operational independence of the Serious Fraud Office.
The Attorney General
I will attempt to remember them all, Mr Speaker. I agree with my hon. Friend that it is worth looking at his first point. There are many people who believe that there are gaps in the law, but it is also important to make sure that we take full account of concerns that will be expressed about the burdens placed on businesses of all kinds if we get that balance wrong.
On asset freezing and asset seizure, my hon. Friend is right to say that if we are going to successfully prosecute and convict those who are engaged in criminal activity, we must also make sure that we can recover assets where appropriate, so we will look at that in the course of the process in which we are engaged.
Marion Fellows (Motherwell and Wishaw) (SNP)
The Attorney General (Jeremy Wright)
The United Kingdom has a proud tradition of respect for human rights that long predates the European Union and that will continue following our withdrawal from it.
Marion Fellows
What existing human rights enjoyed by UK citizens under EU directives could not or should not be enshrined in UK law, if or when we leave the European Union?
The Attorney General
As I hope I made clear in my first answer, I do not believe that human rights protections in this country are dependent on EU law. We will certainly look, in the course of the great repeal Bill and other measures that this House will have to consider, at how we transfer those obligations currently under EU law into domestic law where the House believes that it is appropriate to do so. I maintain the view that we will continue to protect human rights in this country. Moreover, we will continue to be leading advocates for human rights around the world.
Mr Peter Bone (Wellingborough) (Con)
Is it still the Government’s policy to introduce a separate Bill of Rights to enshrine things in British law?
The Attorney General
We remain of the view that human rights law requires reform. I think that my hon. Friend and I are in full agreement that, although we have no quarrel with the content of the European convention on human rights, it is the way in which that document is applied that gives us difficulty. The Government are certainly committed to seeking to do something about that. He will have noticed that we have a few other things on our plate at the moment; I think we will have to resolve those before we can resolve the matter to which he refers.
Mr Gregory Campbell (East Londonderry) (DUP)
What assurance can the Attorney General give that, once we exit the EU and become once again an emancipated, independent and liberated nation state on the stage of the world, we will maintain the proud heritage and tradition of defending individual rights in this United Kingdom?
The Attorney General
I entirely share the hon. Gentleman’s confidence. We will certainly do that; we always have and we always will, and we will do it in all parts of the United Kingdom. As he knows, we will make sure that all parts of the United Kingdom are engaged in the process of exiting the European Union.
Alex Chalk (Cheltenham) (Con)
Does my right hon. and learned Friend agree that, when referring to our exit from the European Union, it is important to distinguish between that and the convention, and that the Government’s policy continues to be that we should remain in the European convention and observe human rights as before?
The Attorney General
My hon. Friend is entirely right: those two things are distinct. It is our exit from the European Union that the public have confirmed in the referendum outcome and that we will now follow through. Of course, as I said earlier, our commitment to human rights will be maintained not just domestically but abroad.