Anti-corruption Summit

John Penrose Excerpts

Tuesday 3rd May 2016 Westminster Hall

[Nigel Mills (Amber Valley) (Con)]

I beg to move,

That this House has considered the Anti-Corruption Summit.

Hon. Members, members of the public and people watching this debate will not be surprised to learn that tackling corruption is one of the biggest items on the agenda this year. Barely a day goes by without it hitting the news. As co-chair of the all-party group on anti-corruption, I was keen to hold this debate so we can air the issues that the Government hope to tackle in the important summit next week and subject the summit to parliamentary scrutiny.

I thank the Backbench Business Committee for awarding me this debate. Unusually for a Back-Bench debate, we are not here to criticise the Government. We may have some suggestions about how they can be a bit stronger, but we are here to congratulate the Prime Minister and the Government for holding the summit, for placing this issue at the top of the agenda and for consistently championing transparency and accountability as enablers of good governance. We want real actions and agreements from the summit next week, so that those important things can be taken forward and enforced. I will set the scene and explain how I see the agenda, and then I will ask the Minister some questions about how the summit will work, who will be there, what the key Government aims are and how we can enforce the actions that are agreed.

In next Thursday’s summit, international partners will, we hope, agree a package of practical steps to expose corruption, punish the perpetrators, support the victims and drive out the culture of corruption. That is clearly timely, given what we have seen in recent weeks and months. It is difficult to measure the impact of corruption, but the scale has never been more obvious: the FIFA scandal, the Unaoil leaks and the recent Panama papers gave us a glimpse of the far-reaching and egregious damage that bribery, fraud, grand corruption and tax evasion can cause. As the Prime Minister said last July,

“Corruption is one of the greatest enemies of progress in our time.”

Bribes, tax evasion and grand corruption destabilise development, keep the vulnerable in poverty, add significantly to the cost of doing business and fund terrorism. We all agree that we need to find a way of fixing those things.

Next week’s extraordinary summit is outside the usual gamut of United Nations, G20, G7 or even OECD processes. It is a one-off, stand-alone, unique summit, and we are all keen to understand how any actions that are agreed can be enforced. We do not want just warm words next week; real action must result from them.

It is right that the UK takes the lead on this issue, because we are uniquely exposed to corruption. Our status as a pre-eminent global financial centre and the unfortunate financial secrecy touted by our overseas territories and Crown dependencies make the UK seem a safe haven for the proceeds of corruption and the individuals and organisations that facilitate and benefit from financial crime and tax evasion. We ought to recognise that.

When MPs go around the world and look at the issues that developing countries face, we often think, “Isn’t it great that we’re not suffering from that level of day-to-day corruption? We don’t have to bribe public officials to get the service we want. We are not at risk of being stopped by the police and being asked for a charge to keep driving.” But the UK is not completely corruption-free. As a big financial centre, we are very exposed to corruption, and we are used as a way to launder money and hide the proceeds of corruption and crime elsewhere in the world.

It is right that we praise what the Government have done in that regard. We will soon be one of the first countries in the world, and the first in the European Union, to have a public register of beneficial ownership. That is a real step forward, which will allow us all to see who owns the companies that operate in the UK. I am sure that it will give us some extremely useful and interesting information. We all welcome the recent consultation on extending that transparency to property ownership. We also welcome the new anti-money laundering action plan, which, if fully implemented, will bolster the regulators’ enforcement powers and their ability to identify and freeze suspicious transactions.

Of course, we have issues with our overseas territories, and if we cannot convince them to get on board with this agenda, our reputation for being a truly anti-corruption jurisdiction will not be intact. As the Panama papers show, secret company ownership makes most cases of large-scale corruption, money laundering and terrorist financing possible. Without secrecy, much of that could not be done.

A World Bank review of more than 200 of the biggest corruption cases between 1980 and 2010 found that more than 70% relied on shadow entities that hide ownership. Sadly, company service providers in the UK and the Crown dependencies are second on the list of providing the shell entities that facilitate those awful crimes. This summit and our international reputation will prevail only if we secure commitments from all our overseas territories and dependencies to introduce public registers of beneficial ownership and strip companies of the secrecy that allows them to hide the proceeds of crime, corruption and tax evasion.

Success will depend on whether we tackle the risks that are somewhat closer to home. Trillions of pounds flow through the UK’s financial system every year, and sadly some of those transactions are less than clean. The National Crime Agency recently estimated that tens to hundreds of billions of pounds-worth of corrupt and illicit funds are laundered through the UK each year. Last week, the acting chief executive of the Financial Conduct Authority appeared before the Treasury Committee, and when asked whether the UK system is suitably hostile to money launderers, she could only reply, “We could do better.” Clearly, we could and must do better. The laundered funds that are used to buy property here get into the system through the secrecy that our overseas territories allow. It is harder to spot and stop such funds once they are in the system, so we need to prevent them from getting there in the first place.

We must tackle money laundering in the UK. We welcome the action plan, but having 27 different institutions to supervise the anti-money laundering rules in the bodies that they regulate is far too many. They cannot have a real picture of what is going on, what action is needed, the trends and who is not complying. Will the Minister say whether the Government plan to find a way to reduce the number of supervisors, so that we can be confident that the new rules and those that are already in place will be enforced?

Law enforcement authorities identify three sectors that do not adequately report suspicious activity: the legal sector, accountancy and estate agency. Property ownership is a topical issue, and the fact that only 0.05% of all suspicious activity reports came from estate agents in 2013-14 suggests that action is needed to make that sector transparent. Recent research from Transparency International and investigations from Global Witness show how London’s property market is used for corrupt ends. More than 36,000 properties in London are owned by companies registered in offshore jurisdictions, and almost 10% of the properties in Westminster are owned by anonymous companies. We clearly cannot allow that situation to continue.

Anonymity has a clear link to corruption. More than 75% of corruption cases involving property investigated by the Metropolitan police’s proceeds of corruption unit involved anonymous companies registered in secrecy jurisdictions, 78% of which were registered in the UK’s overseas territories or Crown dependencies. This huge problem is sadly centred in territories over which we have some influence, so it is imperative that we produce some action from them.

Senior figures at the National Crime Agency have reported that corrupt investment in London’s most expensive properties is driving up house prices across the board. So money laundering not only is a problem for the rich and powerful, but has an impact on everyday life here in London. The longer we allow London to be a kleptocrats’ playground, the worse off we are making ordinary people.

We have all those statistics to recount, and an APG inquiry is ongoing at which we have heard many anecdotes about how British firms working overseas are losing out on contracts to unscrupulous firms based in countries that do not have the same regulations and rules, and do not play fair, as we do. We are losing jobs and income here, because other countries around the world are not following the rules that they ought to be. It is right for us to make a stand. We do not want businesses bribing their way into contracts around the world. Where we find that happening, businesses and their executives will be punished, and serious action will be taken. We will not turn a blind eye to it. Recently, Ernst and Young’s 2016 global fraud survey of senior executives found that 98% of UK respondents believed that it was important to know who ultimately owns and controls the entities with which they do business. So this is not a minority interest; the business world agrees that we should all know about such things.

Turning to the summit next week, will the Minister confirm exactly which countries are attending and the level of their representation? How many of the overseas territories and Crown dependencies will be present? Perhaps he will list which ones will not be. According to the recent statement, the two territories that had not agreed to have even a closed register of official ownership were Guernsey, which had some excuse to do with having elections and so could not agree—has any progress been made?—and Anguilla. Has some sense prevailed in that small part of the world? Has it seen the light?

[The Parliamentary Secretary, Cabinet Office (John Penrose)]

I will try to answer the broader questions at the end, but I can confirm that Anguilla has signed up. Guernsey’s election was last week, so we expect discussions to begin in earnest very promptly.

[Nigel Mills]

At least we have all the territories over that first hurdle.

Next week, the important thing will be to get real commitments on beneficial ownership and a timeframe for the register to be transparent and public, so everyone can see who owns every company established in a jurisdiction. For law-enforcement providers to be able to find such information in a timely way may be of some use, but we also want everyone to be able to search the register—for example, campaign groups could trace right through the system and see who owns properties. I suspect that law enforcement does not have the resources, sadly, to do that proactively, whereas sunlight and transparency will give us far more progress than a closed register ever could.

Will the Minister confirm whether the summit agenda includes discussion of a certain time by which all those territories will have a publicly accessible register of who owns companies and, preferably, of trusts in the jurisdiction? I accept that trusts are more complicated, but we need to see some progress on them as well.

Last autumn, I attended a meeting at which the Government’s anti-corruption champion, my right hon. Friend the Member for Brentwood and Ongar (Sir Eric Pickles)—sadly, he cannot be present today—confirmed that the Prime Minister was pretty determined to get overseas territories on board with a public register. The words the anti-corruption champion used were

“through legislation, guidance or naked pressure”.

I am not sure whether the summit counts as guidance or naked pressure, but if those do not work, what other options do the Government have? My right hon. Friend said “legislation”—his word—so will the Government put that on the table? At some point, will they take action if the territories will not go as far as we want them to, or is that completely off the table?

What other major countries are turning up? Are the Americans sending anyone next week, because they clearly have an important role to play in sorting out the world financial system? Those of us who would like to see greater action on global tax avoidance realise that the Americans have a real and vital role in that situation, so are they turning up next week?

If some actions are agreed next week and, as we hope, they are specific and have a real timeframe, how will they be enforced? Presumably, there will be no binding global agreement, but are the Government conscious of that? We do not want to hear warm words and promises that have been made before, followed by years of drift; we want real, concrete actions that are reviewed, with a timescale and ways to enforce progress.

If there is an agreement next week and some territories subsequently resile from it, what actions will the Government propose taking to convince the territories otherwise? It is not encouraging to see the Government announce that everyone has agreed to a closed register, and then senior people from some of our overseas territories glory in being able to say, “We’ve won. We’ve got everything we wanted out of this,” implying that it will be business as usual—presumably, not what we were aiming for. We want any agreement next week to be meaningful and strong, not just hot air.

With those thoughts, I wish the Government and the Minister well at the summit next week. We hope that they will come out with a strong and binding agreement, which can take the agenda forward towards finding ways of materially reducing the amount of corrupt money that flows around the world, especially into the UK. Nations around the world should, rightly, keep the money that they earn and have the tax revenues necessary to grow their economies. Everyone throughout the world should be able to see our financial system moving in the direction of being open, transparent and honest, rather than corrupt.

--- Later in debate ---

[The Parliamentary Secretary, Cabinet Office (John Penrose)]

Sir Edward, it is always a pleasure to have you in charge, ensuring that we behave ourselves during our debates. I join the chorus of plaudits for my hon. Friend the Member for Amber Valley (Nigel Mills) and the hon. Member for Newcastle upon Tyne North (Catherine McKinnell), who have done so much to raise the issue as co-chairs of the all-party group on anti-corruption. I particularly thank my hon. Friend the Member for Amber Valley for organising this debate.

We have had a series of extremely carefully considered and very wide-ranging speeches, not only from a former Chair of the Select Committee on Public Accounts—you are one yourself, Sir Edward—but from members of the Select Committee on Culture, Media and Sport and many others. The debate shows the breadth of concern and the issues into which the tentacles of corruption can spread—everything from sport to international aid to public contracts and property ownership in Baker Street, among other places in this country and elsewhere.

I think that there is cross-party agreement that it is important for us all to remember—although I am pleased by and welcome everybody’s recognition that the Prime Minister and others have been instrumental in taking forward the agenda—that there is a great deal more to do. The effects of corruption are not felt only in other countries. My hon. Friend the Member for Amber Valley was right to say that, although we may be blessedly free of some of the more commonplace and in-your-face forms of petty corruption, such as people demanding bribes for everyday public services, that does not mean that any society, ours included, is safe.

The effects are widespread and pernicious. Corruption raises the costs of doing business, through bribes and friction costs. That is true not only in the UK but for our exporters trying to get contracts and trying to win jobs for our workers in exporting overseas, and consumers must put up with poorer quality goods, because if goods are purchased through a corrupt process, the chances are that they will be second best, either in quality or in value for money. Again, everybody suffers. Corruption drives up prices, not just in the UK—we heard the example of property prices here—but around the world as well. Most importantly, it is a fundamentally unjust way to run not only a country but global society in general. People cannot be sure that what they see on their TV screens and hear from their leaders or, indeed, their bosses is correct or fair. We are talking about a piece of social justice, so there is a huge amount to do.

In the limited time left, I will try to respond to some of the points raised, although I want to leave a couple of moments for my hon. Friend the Member for Amber Valley to sum up. He asked specifically what would be on the agenda for the summit and precisely who would be there. I can give him some guidance on that, but obviously, these matters are still under discussion, so I cannot give him a running commentary. He rightly pointed out that the summit’s overall aims are to expose corruption, punish those who perpetrate it and drive out the culture of corruption.

We have had a number of submissions from Members about how, for example, asset recovery could be improved; the right hon. Member for Barking (Dame Margaret Hodge) suggested confiscation, but other suggestions were made for other kinds of asset recovery as well. Suggestions were also made about better opportunities for whistleblowing and better governance in sport, which has been a potential channel for distributing ill-gotten gains around the world. All those things need to be discussed and will, I am sure, be on the agenda, but its precise details will be released nearer the time.

I can give my hon. Friend the Member for Amber Valley a little detail about who is invited. Again, the final guest list will be released nearer the time, but I can confirm that we have invited the G20 countries, leading international organisations in the field, including the UN, the World Bank, the OECD and the International Monetary Fund, and a wide range of other countries—I think this is where he was going; we will have more details, I am sure, as we get closer to the day—that are leading the fight against global corruption or have a pivotal role to play. I understand that John Kerry from the US will be there as well.

I should mention that there will be an event the day before with a broader invitation list, which will be run by the Department for Business, Innovation and Skills, for example. We will invite a number of companies and other non-governmental organisations, because there are many NGOs, companies and sectoral organisations that understand the reputational damage that corruption can cause. We must harness those who are willing to take a lead on the issue to set the right tone and take part in the three aims that I spoke of, particularly driving out corruption. Their co-operation and help will be essential in setting a tone for others to follow, not just in political leadership but in commercial and, potentially, third sector leadership as well. I hope that I have given my hon. Friend some extra detail. I am sure that more will come, and that he will want to hear more about it.

The right hon. Member for Barking asked whether we would be willing to use last resort powers. To summarise, they are a last resort. We do not want to have to use them; we want to ensure that people come as far as possible without any need for them. However, it is clear from all the submissions, suggestions and speeches that we have heard that there is a huge thirst and desire for the agenda to be taken further. We in this country are not unique in wanting to do so. We have taken some important leading steps, but we are far from the only ones who need to be involved, and far from the only ones who are. The issue needs to be taken forward on an international scale. The UK absolutely needs to play its part, and we have heard the reasons why we, particularly given our overseas and dependent territories, need to be a leading member of that international coalition.

This is clearly a developing agenda. The proposals and the progress made in the wake of the FIFA scandal, for example, show how much further international opinion has moved and still needs to move. The revelations in the wake of the Panama papers show how much further we can go and how much further public opinion, although it has moved, still needs to move. I am sure that this topic will continue to develop and that the rules and regulations and, most importantly, the ethos and culture of international business, investment and ownership, will continue to change and tighten. I am sure that everybody in this room and more broadly will welcome that on a cross-party basis, with open arms. I will leave a few seconds for my hon. Friend to respond to the debate.