Economic Crime: Law Enforcement

Debate between Kevin Foster and Robert Neill

Thursday 7th July 2022 Commons Chamber

[Kevin Foster]

We will set out the details in the Bill and we look forward to the debates on it, but certainly we are clear that the registrar of companies should become more of an active gatekeeper for company creation and a custodian of reliable data, including powers to check, remove or decline information submitted to it. In her contribution, the hon. Lady rightly gave the example of someone setting up a company in the name of “Donald Trump”. Clearly that was not a legitimate company being established—[Interruption.] Some hon. Members may have missed that particular example.

Some of the changes are on identity verification. In my normal role talking about immigration, we do quite a range of work on ensuring that people can validate who they are and what their status is, and we want to bring a lot of that practice into the area of company formation to remove some of the worst examples we have heard about today. I accept that many people will see that as overdue, but it needs to be done and it is something we intend to legislate on and bring forward as a key change to our enforcement structure, to ensure there are fewer opportunities to abuse the system of company registration here in the UK.

Comments have been made about the resources of the National Crime Agency. We have increased its budget year on year since 2019. Taking all NCA funding into account, its budget has increased by 32% since 2019.

In response to concerns on corporate criminal liability laws, which a number of colleagues picked up on in the debate, we have sought to establish whether there is a case for change. I think it was my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) who referred to the Law Commission and the review we asked it to undertake. As he rightly says, it sets out several options for reform; he outlined his view that he would like to see us accept them, and we are assessing them. Certainly, that is something we specifically asked the Law Commission to do because we believe it is an area that needs careful consideration.

[Sir Robert Neill]

I know the Minister wants to assess the options, but he will be aware that that debate has been ongoing for a number of years now, well in advance of its referral to the Law Commission. The matter has been debated in political circles and in legal and judicial circles for a great deal of time and there is a huge amount of information there, so I hope he can come to his assessment very quickly.

Misuse of Nitrous Oxide

Debate between Kevin Foster and Robert Neill

Tuesday 21st July 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

I thank the hon. Member for Canterbury (Rosie Duffield) for securing this debate, providing the opportunity for the House to discuss the misuse of nitrous oxide, which, as comments so far have indicated, is a concern across our United Kingdom.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

Will the Minister take on board the fact that my constituents share the concerns of the hon. Member for Canterbury (Rosie Duffield) and that of many other Government Members, too? This really needs serious action.

[Kevin Foster]

I take that point. As we have heard, the recreational use of this gas is a problem. Many of our constituents are concerned about the impact of the misuse of nitrous oxide, not only on the physical and mental wellbeing of users, but on their communities through associated problems such as antisocial behaviour and the small canisters left littering our streets. The Government are conscious of these concerns and the need to respond to them.

Gibraltar and Spain

Debate between Kevin Foster and Robert Neill

Wednesday 14th October 2015 Westminster Hall

[Robert Neill (Bromley and Chislehurst) (Con)]

It is always a pleasure to serve under your chairmanship, Mr Betts, and I congratulate my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) on securing this important debate. I, too, should declare an interest, as secretary of the all-party group on Gibraltar. I had the pleasure of visiting Gibraltar at the same time as my hon. Friend, along with several hon. Members from all parties. One of the important issues to bear in mind is that the strength of support for Gibraltar goes right across this House, and today is a good opportunity for us to reinforce that.

In opening the debate, my hon. Friend referred to the issue of incursions and the impossibility of reconciling some Spanish behaviour with what we would expect from a NATO friend and ally and a European Union partner. That is a matter of some sadness to me, not only as a frequent visitor to Spain and to Gibraltar over the years, but because, as a member of the UK’s delegation to the Parliamentary Assembly of the Council of Europe, I know that there are areas in which we work well with our Spanish colleagues. However, the relationship is clouded by the political obsession of some members of the current Spanish Government, and that stands in the way of our developing the normal sort of sensible and mature dialogue that we would expect two established democracies to have.

I very much welcome the proposal that Their Majesties the King and Queen of Spain might visit the United Kingdom in 2016. That would be a good step forward, but I hope too that we would not then see objections to members of the British royal family visiting Gibraltar. That would be a mature step forward in the relationship, and I hope that it would give us the opportunity to reinforce the Government’s position that there can be no question of bilateral talks, as suggested by Mr García-Margallo. There must be a tripartite forum involving the people of Gibraltar and their elected representatives. I am sure that the Minister will want to restate that position.

I want to touch on another matter that my hon. Friend the Member for Filton and Bradley Stoke alluded to: the economic war that is, in effect, being waged by Spain against Gibraltar. We have seen that in the delays at the frontier, which seem to come and go depending on the level of profile and what distraction the current Spanish Government wish to create from their difficulties with their domestic agenda. There are also the incursions and harassment by the Spanish customs service. However, there has also been a damaging and, happily, unjustified—indeed, demonstrably so—campaign of economic slander against Gibraltar by Spain and its allies. The suggestion has been made, wholly erroneously—on one or two occasions it has been swallowed by Members of this House, although not very many—that Gibraltar is some kind of tax haven and that its economic, legal and regulatory systems were in some way lacking in transparency. Nothing could be further from the truth, as a number of debates in this House have amply demonstrated. This was shown by the European Union’s removal of Gibraltar from what it calls its tax havens blacklist—a recognition that Gibraltar has taken all the necessary steps to comply.

While in Gibraltar, I had the chance to meet its Finance Minister and senior members of its judiciary. It is worth remembering that Gibraltar operates a British-style common-law system to exactly the same standards as we would expect here. Its financial regulatory bodies are organised on exactly the same models as our Financial Conduct Authority and operate to exactly the same standards. The professional bodies that operate in Gibraltar for all related professions also mirror British standards exactly. Against that background, it is no surprise that the OECD Global Forum on Transparency and Exchange of Information for Tax Purposes gave Gibraltar exactly the same score for transparency as Germany, the United Kingdom and the United States.

None the less, despite evidence that is as plain as a pikestaff, Spain sought to object to the EU’s removing Gibraltar from the blacklist. That was wholly irrational, but there is a risk that a degree of Spanish policy is sadly irrational in this matter. I hope, though, that the Minister will undertake to continue to press vigorously on Her Majesty’s behalf to ensure that other individual countries fall into line and remove Gibraltar from their own blacklists. Everyone accepts that Gibraltar is compliant and that all EU regulations are transposed properly, but some individual countries have probably not made it enough of a priority to remove it. I hope that the Foreign and Commonwealth Office will endeavour to persuade individual states to follow the EU’s line. Latvia, I notice, has recently done so, as have a number of others. It is important that we get complete consistency on that.

[Kevin Foster (Torbay) (Con)]

I congratulate our hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti) on securing this debate. My hon. Friend has just made a point about Spain’s position on the tax status being irrational, but is not its position also irrational in relation to the north African enclaves, which are Spanish territory? If those enclaves have the right to choose to be Spanish, it is only logical that Gibraltar’s residents have the right to choose to be British.

[Robert Neill]

The point is entirely correct. No one in the United Kingdom wishes to see the people of Ceuta and Melilla handed over to Morocco against their wishes—of course not—and the same decency should be extended by the Spanish Government to the people of Gibraltar. All I will say is that, following my visits to Spain and my discussions with Spanish parliamentarians, I think that the current Spanish Foreign Minister has a particular, personal agenda. Who knows what the position will be after November? There are people in Spain, particularly those involved in the local and regional governments in the Campo, the area immediately behind Gibraltar, who know that enormous benefit will come to their own people from a relaxation—a normalisation—of relationships and the building up of stronger economic links, but they have not yet been able to persuade a majority in the Cortes of that. We should be prepared to make the case vigorously to help them to do so. Who knows what November’s elections may bring in that regard?