Economic Crime: Law Enforcement

Jim Shannon Excerpts

Thursday 7th July 2022 Commons Chamber

[Kevin Hollinrake]

That is the right question. These problems are not difficult to solve if people are willing to apply the right rules. On the money taken from my hon. Friend’s constituents, there is probably an organised criminal gang behind that, contacting the constituent, saying they should move the money, and when they do that the money is probably moved through a mule account in one of the major banks and then off somewhere else, offshore, and it then disappears into the ether. The reality, of course, is that the banks would clamp down on mule accounts if they had the right incentive or the willingness to do so. These crimes can be stopped, but people will not stop them until that is in their interests to do so, and we need to make sure that is the case. Yes, we need the enforcement and enough people, but we need the people who are currently facilitating this, who are largely UK-based in this context, to be willing to prevent it.

The UK plays a particular role in all this economic crime. It is seen as a place where money is laundered, not necessarily where it is kept, although that is different in the case of kleptocrats or Russian oligarchs. The money is usually laundered in the UK and then goes off to other jurisdictions, largely the US. That is because of the consolidation of expertise in the City of London—we should be very proud of the City—and the financial organisations and the advisers who sit around them, who are also culpable in this regard. We have strong regulation in some areas and very weak regulation in others, particularly on offshore regulation, where in the UK there is a particular relationship between its domestic regulations and what happens offshore.

[Jim Shannon (Strangford) (DUP)]

Banks are very strict with local customers, and rightly so, but not with the movement of large sums of money, unfortunately, including the £200 million sent from Estonia to Northern Ireland, which I understand has been highlighted on “Panorama”. The Government seem to focus on the ordinary account holders being regulated strictly, but they do not seem to have any level of regulation for the big money movements. Does the hon. Gentleman agree that we need to focus on that bigger picture?

[Kevin Hollinrake]

The hon. Gentleman is right. The regulations are there but the penalties are not sufficient. The people within Danske Bank knew that they were doing wrong when they moved €200 billion out of Russia and into other parts of the world, but there was no incentive to do anything about it because they made a huge amount of money as it flew through their systems. A local manager, a mid-tier manager or even a senior executive would think, “Well, we’re making money and nobody’s going to find out, and if we are found out there will be a fine down the line and I will have gone by then anyway.” So where is the incentive to clamp down if they are going to make lots of money out of it? After all, everybody has budgets and targets to hit, and bonuses on the back of them. That is the problem: the penalties and enforcement need to be different.

Another key reason why money is washed through the UK is that we have the overseas territories, tax havens that work on the same basis of common law—Jersey, the Cayman Islands and the British Virgin Islands. Money launderers do not want to pay tax on their money, so they put it through a jurisdiction with low or zero taxation. That is why the UK plays a major role in facilitating this, and also why it must play a major role in clamping down on it.

We do not do clamping down very well here, however. Our enforcement agencies have success in some regards, but they are nowhere near as successful as other jurisdictions, for example the USA, which is far more focused on this. The US has similar bribery laws to the UK, introduced in 2011. In 2020 the US fined organisations in the US £1.85 billion for bribery offences, which is more than the UK has fined in 10 years. The situation for money laundering sanctions is very similar: in 2019 the UK fined our banks £260 million in the entire year for money laundering offences, while the US fined £7.5 billion, including £2.5 billion of criminal sanctions. Almost every one of our agencies is underfunded and under-resourced in tackling this problem.

What do we need to do? My colleague the right hon. Member for Barking will talk about some of the measures, but I will focus on the key things that I think we need. We must ringfence a budget for tackling economic crime right across the piece in the UK, to see exactly how much we are spending on tackling organised crime. We need fewer agencies, too; the effort must be more consolidated so the lines of reporting are less fragmented and more direct.

Action Fraud must not just be a rebadged enterprise. It needs to be meaningful, and people need to have confidence that the offences reported to it will be dealt with. I was recently nearly scammed through WhatsApp when I thought my son had contacted me, but it was another person. I wondered whether to report it to Action Fraud, but I thought, “What’s the point? It’s not going to do anything about it.” That is why people do not report such incidents. Clearly, therefore, there are many more offences than the number reported.

The No. 1 thing we need to do is something the Government have talked about. We already have a failure to prevent offence. There is corporate criminal liability in the UK if people fail to prevent bribery in their organisation—that offence was introduced some years ago, I think in 2011—and also an offence of failure to prevent tax evasion. People cannot just stop that happening; they have to put the rules in place to stop it happening. The key thing is what they can do to stop this. They therefore put systems in their organisation to alert them to certain things happening, and they train staff that they cannot get involved in bribery or facilitate tax evasion. We need to extend that to failure to prevent economic crime.

The Government have been talking about this for some time, and the Law Commission has reported on it. It said we should introduce such an offence but probably for fraud alone, not for money laundering or things like false accounting. I think that is a big mistake. It is also very mealy-mouthed on including personal liability for directors; it says it could be added if they have the mental something—what is the word?

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to follow the hon. Member for Bromley and Chislehurst (Sir Robert Neill). He always brings a wealth and breadth of knowledge to these debates and we thank him for that; it certainly adds to the focus and the direction in which we wish to go. I also give my sincere thanks to the hon. Member for Thirsk and Malton (Kevin Hollinrake) and the right hon. Member for Barking (Dame Margaret Hodge) for their contributions. They have been terribly helpful to the debate today and we thank them for that. Others have contributed as well, and they have all added their experience and knowledge to the debate.

The Government stated in July 2020 that economic crime represents

“a significant threat to the security and the prosperity of the UK … This has a significant impact on the UK’s economy, competitiveness, citizens and institutions”.

It is therefore imperative for our own economic progress that we have an efficient strategy and proper guidelines to enforce punishment for economic crime. All right hon. and hon. Members who have spoken have indicated the direction in which we want to go and what needs to be done.

I would like to start with some figures, to give a real insight into the depth of economic crime in the UK. A total of 14.5% of the UK’s annual £2 trillion GDP is taken in economic crime. That gives us an idea of the magnitude of the issue. Some £190 billion of our losses come from fraud and a further £100 billion from money laundering. London has been described as a laundromat for corrupt money, and in 2019 the Treasury found many failings in relation to legislative guidance on tackling economic crime. We must do more to ensure that the resources are there to tackle economic crime properly. They are clearly not up to scratch at the moment, hence the billions of pounds that have been lost to theft over the last period of time. I very much look forward to the contributions from the shadow Minister and, in particular, from the Under-Secretary of State for the Home Department, the hon. Member for Torbay (Kevin Foster), who will endeavour to answer our questions, as he always does.

In response to Russia’s invasion of Ukraine, the Government fast-tracked the Economic Crime (Transparency and Enforcement) Act 2022 to crack down on the elites and the dirty money in the UK. As a result of today’s debate, I hope that the Minister will give us an update on where we are, how the situation has improved and whether we can take any other steps here in the United Kingdom of Great Britain and Northern Ireland to do better. The Government must make tackling economic crime a much higher priority, especially as it is a threat to our national security. We had some discussions on that in the urgent question this morning, and we have had other discussions in this Chamber and in Westminster Hall on the same issue.

We have seen some of the most intensive sanctions in our history imposed on Russia to ensure that oligarchs and business owners cannot operate in an illicit manner outside their own borders. That is an important and welcome step, but given that economic crime accounts for some 40% of all crime in the UK, there is more regulatory action that we should take. We must have a strategy that encompasses all of the United Kingdom of Great Britain and Northern Ireland. The hon. Member for Thirsk and Malton referred to the “Panorama” programme and to the dirty money that came from Estonia right across Europe and ended up in one of the banks in Northern Ireland. In my intervention I referred to regulation for domestic customers, which is clearly there. I understand the reason for that regulation and I am in no way saying that it should not be there, but I have to question just how this can happen. Is it down to the bank? It happened to be the bank that I am a member of—I know some of the regulations the bank enforces on its customers because I am one of them. I understand that, but when I hear about £200 million moving across, it concerns me.

Paramilitarism in Northern Ireland has been significant in money laundering and in the criminal activity that it is involved in, whether it be money lending, protection money, drugs or, in the case of the IRA along the border, fuel laundering. The Government have made significant attempts to address all those issues, but many of those paramilitary groups have bought properties and businesses across the whole of the United Kingdom. I would love to see more attention being focused, through the legislation, on those paramilitary groups, who are criminals living off the backs of the local communities that they say they protect. They do not protect them; they take advantage of them and brutalise them. As a Northern Ireland MP, I am keen to see how this legislation can squeeze the paramilitaries, on both sides of the community in Northern Ireland, who are taking advantage of good local people.

We also need to consider the impact of cryptocurrency. I am sure that there are many cryptocurrency experts in the House, but I am not one of them. I have little or no knowledge of cryptocurrency. I am old-fashioned in preferring to use cash if at all possible, although I now use cheques and credit cards following covid-19, but cryptocurrency is becoming a more popular mode of finance among younger generations.

Not a week goes by when I do not see a story in the local or national press warning about cryptocurrency. I am not sure whether those warnings are heeded or whether there is regulation to ensure people are not caught by its sting. The Minister will give us his valuable knowledge of cryptocurrency and what is being done to regulate it, to monitor those involved and to ensure that our constituents do not find themselves in bother. There must be proper regulation of crypto-assets, with intensive efforts to ensure that people are not misled by the thousands of online scams. It is all too easy to make an onscreen decision, but people need to be aware that the decision is made once the button is pressed.

Consumers lost £754 million to online scams in the first half of 2021. I have been contacted by numerous constituents who have been victims of scams, and I suspect that others in this House will also have constituents who have been victims. Unfortunately, probably not a week passes without someone in my constituency finding themselves the victim of a scam, whether it is successful or whether it is stopped in time. The police issue a statement in the local press back home every fortnight warning of the latest scam, whether it is people knocking on doors or online scams. People are fairly trusting, by and large. More often than not, the people who are hacked or who find themselves the victim of online scams are of an elderly and vulnerable generation. A few months ago, an elderly gentleman in my constituency lost some £30,000 of his savings to a scam by being trusting. These things happen regularly, and the Police Service of Northern Ireland regularly advises people to be careful.

People should be careful with their information and when using online bank accounts. People are not aware of how much fraud there is in the UK. Our focus is often on large-scale dirty money and money laundering involving oligarchs—the hon. Member for Thirsk and Malton mentioned the “Panorama” programme—and we forget about normal consumers who have their money taken every day and every week. The House must do due diligence to ensure that people are aware of the scale of the problem.

I will now conclude and give the Front Benchers the time they deserve. I welcome the numerous actions that the Home Office, the Treasury and the Minister have taken to ensure more efficient regulation and checks against economic crime. However, we have seen substantial sums of money coming to the UK through fraud and money laundering, so severe action and regulation is needed. We must ensure that the Treasury allocates the correct sustainable funds and staff to enforce proper punishment against economic crime, which is ever-evolving and becoming increasingly advanced.

I call on the Minister and the Government to take this into consideration, as I know they will. I am sure the Minister will answer some of our concerns. As we look to future policies to tackle economic crime, I praise him and the Government for all their work thus far. We need to be smarter than those who try to outsmart us.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson, Alison Thewliss.