G8 Summit

Lord Brooke of Sutton Mandeville Excerpts

Thursday 13th June 2013 Lords Chamber

[Lord Brooke of Sutton Mandeville]

My Lords, it is a particular pleasure to follow the noble Lord, Lord Hunt of Chesterton, if only because it enables me to thank him publicly, after a long interval, for once telling me that a description of mine of the siege of Prague which I had incorporated into a debate on the arms trade was the only time he had ever laughed out loud while reading Hansard on a train. But his content today was much more noteworthy.

It is difficult to imagine any subject more germane for debate in this week than that which my noble friend Lord Trimble has selected, nurtured and so cogently introduced. It is a most felicitous overture that it should be an Ulsterman, one who has played so large a part in the Province’s history, who is doing it. The 198th anniversary of Waterloo may not be an ideal day for the G8 beginning its business, but at least it was another Ulsterman, in the person of Lord Castlereagh, who did the successful fixing at the Congress of Vienna a year later, and Derry’s/Londonderry’s year as City of Culture is a happy index to underline the happiness of the Prime Minister’s chosen and highly apposite location, through we must hope that 2013 will be an exception to the general Irish rule of thumb that in July Lough Erne is in County Fermanagh while, for the rest of the year, County Fermanagh is in Lough Erne.

For myself, I think that the Prime Minister is to be warmly congratulated on the priorities and preliminaries over which he has presided. From the letter he wrote to his international colleagues in the first week of the new year to the selection of Professor Paul Collier to advise the Government on the preparations and policies for the G8 summit, from the speech the Prime Minister delivered to the World Economic Forum in Davos on 24 January to his subsequent letter to the leaders of the UK Crown dependencies on 20 May about continuing to work in partnership with the UK on internal tax matters, he does not, at least to me, appear to have put a foot wrong. As the noble Lord, Lord Hunt, has just said, the days prior to the full G8 conference are full of events that play to the conference’s themes.

Moreover, the Prime Minister has sought to keep the agenda simple and taut, with its emphasis on trade, on tax and on transparency. The critical issues contained in the letter of 20 May to which I have just alluded—tax, information exchange and beneficial ownership—were at the heart of the agenda. That does not mean that we should necessarily be too optimistic about securing all we seek. The Minister responding to this debate confessed earlier this week that the Government were not sure about the definition of a lobbyist, and some of the briefing we have received from that quarter for this debate has had a peremptoriness about it which some might think was a little unrealistic.

In Northern Ireland, in what we have called our peace process, we had to learn to be patient, but we never forgot what our long-term goal was, and applied patience and policies to achieve it. There is evidence from the overall plan that this has not been neglected here either. Of course the G8 are important, but so, likewise in these matters, are the G20 and their handling should be all of a piece, even if the diplomacy is complicated.

In its briefing for today, the House of Lords Library drew heavily on Professor Collier’s article in Prospect in March this year. However, the briefing uses only part of it, and I strongly commend the entirety of the article to anyone who has not yet read it. Professor Collier has been an Oxford Professor of Economics since 1993, a fellow of St Antony’s since 1986 and he has been director of the Centre for the Study of African Economies since 1991. The latter shows up in particular in the rigour and comprehensiveness of his analysis of the hazards and complexity of the solutions that these problems will require. Happily it is, of course, to his college’s St Antony that we pray when we have lost something and cannot find it. Not for nothing did the head of taxation at OECD aptly refer to the existing arrangements as “double non-taxation”. In the context of the subsequent transfer to the G20 meeting, it is a notable vindication of the Government’s employment of Professor Collier that he was also invited by the Russian Government, current hosts of the G20, to address the major conference on tackling corruption in government and business that they convened in April.

I want to speak only about international tax as that has constituted a serial thread in this Chamber over the past six months. It is a matter of some relief to me that of the UK Crown dependencies, one of those which has, to the best of my knowledge, never been a tax haven is St Helena, where a forebear of mine was a distinguished and gallant governor between 1787 and 1801 and where his nephew, whom he brought out as his secretary, remained until 1834. Thus, a family connection with the island was created that lasted not only through Napoleon’s stay, but in all for almost half a century. However, those British territories which are tax havens have understood our intertwined role and, in the case of Jersey, have given leadership in these tax considerations which the World Bank has adjudged a model.

The fact that Jersey also became the world’s largest exporter of bananas is an index of the sub-plots of this drama. It is 54 years since I was last in Uganda, where it was borne in on me that there are 250 different species of banana. It is 43 years since I was last in Jamaica, another island where bananas are not unknown. At the Negril end of the island there was then a waste—for the benefit of the Hansard writer, I am spelling that word with an “e” rather than an “i”—that was eloquently described on the map as the Great Morass. These are deep waters, Watson, as Sherlock Holmes used to say.

However, to be encouraging, and not least in the context of the G20, there are signs of light. America has made for transparency in reporting a legal requirement for US-listed resource extraction through the Cardin-Lugar amendment to the Dodd-Frank Act 2010. The European Parliament is considering an equivalent of Cardin-Lugar. At a European Council meeting in Brussels on 22 May this year, beyond the general conclusion on fighting tax evasion, it was agreed that rapid progress was needed, and I quote,

“to improve the EU’s agreements with Switzerland, Liechtenstein, Monaco, Andorra and San Marino”,

in line with measures equivalent to those in the EU. Canada is following the United States in clarifying and tightening the application of its equivalent to the US Foreign Corrupt Practices Act, even if Canada has also opposed the introduction of mandatory disclosure standards; for instance, in relation to 330 minerals extraction projects in Africa.

Professor Collier has also earned our gratitude by trumping the African defence of questionable deals done—the defence being that it takes two to tango—by enlarging the duo to a threesome, as in, I think I recall from my youth, the dance “the dashing white sergeant” with a cast of a briber, a bribee and a facilitator. The latter word is one that my noble friend Lord Trimble may remember from the vocabulary of the peace process.

Facilitators can live a long way from Africa, including in this city. A recent experimental study conducted by Griffith University in Australia, which sent more than 7,000 e-mails to law firms around the world, requesting that shell companies be set up, contained a sprinkling of references in random e-mails that included incriminating information indicative of corruption, and offers of a premium on normal fees to maintain secrecy. Regrettably, replies to this random selection demonstrated a fall in the number of law firms demanding identity documents, which are internationally required to allow company owners to be traced. Law firms in G8 countries were not immune from this diplomatic—or undiplomatic—omission.

Professor Collier adduced practical and effective responses to these contingencies, but it remains the case that only 1,000 of the 280,000 annual reports of transactions that give grounds for suspicion in the UK are investigated. On the other hand, the fact that the US now recognises that present practices are adversely affecting US tax revenues is a powerful stimulus to remedial action. It is, however, a combined and united push that is required.

In closing, I go back to where I began, with the moral from our peace process in Northern Ireland. The most important imperative is agreement on the goal and unremitting attention to anything that will advance that cause. The Prime Minister, at his level, and Professor Collier at his, have done an outstanding job in setting out an agenda that addresses these matters. If we can match even a fraction of the results of the Congress of Vienna, we shall have done well.