Andrey Lugovoy and Dmitri Kovtun Freezing Order 2016

Lord Tunnicliffe Excerpts

Wednesday 10th February 2016 Grand Committee

[Lord Tunnicliffe (Lab)]

As the Minister has outlined, this instrument creates a freezing order that prohibits persons from making funds available to or for the benefit of Andrey Lugovoy and Dmitri Kovtun.

The Home Secretary stated her intention to pursue this course of action in response to the publication of the report by Sir Robert Owen into the death of Alexander Litvinenko. The report, which was published last month, confirmed that Andrey Lugovoy and Dmitri Kovtun were responsible for the death of Alexander Litvinenko, a British citizen, and that it was sanctioned by the Russian state at its highest level. It was an unparalleled act of state-sponsored terrorism and, as my right honourable friend Andy Burnham, the shadow Home Secretary, made clear in the other place, we welcome the measures that the Home Secretary announced in response to the findings. We therefore fully support this order today.

The conclusions could not have been more clear or harrowing. While we fully back the order, as the Minister might expect I have a number of questions about its specifics and how it relates to what the Home Secretary said last month, particularly with regard to whether further asset freezing is being considered.

I have some specific questions about the order itself. Given the nature and necessity for it to be produced as quickly as possible, it is completely reasonable that no consultation or impact assessment was carried out. However, I have questions about the process of the review that this instrument is required to go through in accordance with the Anti-terrorism, Crime and Security Act 2001. Paragraph 12.1 on page 3 of the Explanatory Notes states that the Treasury is obliged to keep the freezing order, and therefore the instrument, under review. What form will these reviews take, and how frequently will they take place? Will they be subject to parliamentary scrutiny? In relation to that, can the Minister go into more detail about whether this order is indefinite or subject to an expiry date? What conditions will it be subject to?

The order requires that the Treasury gives notice to those whom it is directed against. Is the Minister able to tell us whether either of the individuals in question have made representations to a member of the Government regarding this order?

On a technical point, paragraph 3.3 of the Explanatory Notes explains that, disregarding minor or consequential changes, the territorial application of this instrument includes Scotland and Northern Ireland. Will the Minister set out what these minor and consequential changes are and whether they will have implications for the policy outcome?

I turn to wider concerns and how they relate to this order. I note that the Home Secretary said in her Statement in the other place:

“I have written to the Director of Public Prosecutions this morning asking her to consider whether any further action should be taken, in terms of both extradition and freezing criminal assets”.—[Official Report, Commons, 21/1/16; col. 1570.]

This is of particular importance because, as Sir Robert’s report confirmed that no individual committed these crimes alone, a network of people have known about and facilitated this crime. We understand that Mrs Litvinenko has also prepared a list of names to be submitted to the Government of people who have aided and abetted the perpetrators, against whom she believes sanctions should be taken. What further asset freezing is the Home Secretary considering and what legislation, secondary or otherwise, would be required? Are these asset freezes being considered for other named individuals besides Andrey Lugovoy and Dmitri Kovtun?

The Explanatory Notes mention the risks relating to asset flight. Has there been any suggestion of asset flight since the publication of Sir Robert’s report on 21 January, and noon 22 January, when this order retrospectively applies from?

Finally, we welcome the Home Secretary’s announcement that Interpol notices and European arrest warrants are in place. However, given that these two individuals are reported to be travelling, can the Minister say whether the Government are working with all EU, NATO and Commonwealth allies and asking for immediate co-operation not only on whether they are prepared to take similar action to that outlined this afternoon but also on extradition?

I appreciate that the Minister may have to consult his colleagues in the Home Office on some of these points so may not have all these answers to hand today. If this is the case, I would appreciate it if he would write to me. The far-reaching implications of the report’s findings cannot be overstated and clearly more work needs to be done to deliver justice, which may or may not include further asset freezing. I reiterate that we are committed to working with the Government to bring this about, and end by saying once again that the Opposition completely support this order.

[Lord Ashton of Hyde]

My Lords, I thank the noble Lord for his general support for this order. I will do my best to answer his questions. I am glad that he supports the order; I do not look forward to answering his questions when he does not support an order.

As I set out in my opening remarks, the Government take the conclusions of this inquiry very seriously. While the inquiry’s finding of probable state-sponsorship of Mr Litvinenko’s death comes as no surprise, we are determined to demonstrate that we will take action to deter those who threaten our national security and the rule of law. National security is of great importance to us all, and any attempt to undermine it must be met with a carefully considered and proportionate response.

I turn to some of the questions that the noble Lord asked. To start with, he asked a very reasonable question about the Explanatory Memorandum stating that we have to keep the freezing order under review. Under the Anti-terrorism, Crime and Security Act, the Treasury is required to keep under review whether the measure should be kept in force or amended. We will continue to monitor the information we have and will take any further action should the situation develop. However, the freezing order will lapse two years after it was made, as set out in Section 8 of the 2001 Act. We will continue to monitor the evidence, and if the order is still in force after two years, we will consider at that point whether it is necessary and proportionate to make a new order.

--- Later in debate ---

The noble Lord’s last question was on how this relates to the Home Secretary’s point in her Oral Statement that she has written to the Director of Public Prosecutions. The Director of Public Prosecutions has not yet responded to the Home Secretary’s letter, but we understand that she is considering it and her response at present. If there are any more questions that I have not answered, I will of course look at Hansard and make sure that I do.

[Lord Tunnicliffe]

One question the noble Lord does not seem to have answered is whether other individuals implicated in the case are being considered for freezing orders. Perhaps his quite numerous team have the answer to that question between them.

[Lord Ashton of Hyde]

As the noble Lord may know, Mrs Litvinenko’s lawyers provided a list of people who she felt should have further action taken against them. Some are members of the Russian authorities who are already under sanctions relating to Crimea and activities in Ukraine. The rest of the list is being considered by the Home Secretary, but so far no action has been decided upon.

I believe that I have answered all the questions. We think that an order under the Anti-terrorism, Crime and Security Act is an appropriate way to send a clear message, and we believe that both of the tests required under the Act to make this order have clearly been met. I am grateful for the contributions from noble Lords, and I commend the order to the Committee.