Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018

Lord West of Spithead Excerpts

Tuesday 20th February 2018 Lords Chamber

[Lord West of Spithead (Lab)]

I speak from an intelligence background. Does the Minister agree that when one looks at patterns of operation, the way in which this whole affair has been dealt with by Russia is exactly the same way as it dealt with similar things when it was the Soviet Union—particularly its normal, KGB-type way of reacting and acting when these sorts of things happen?

[Lord Young of Cookham]

I agree with the noble Lord. It is very disappointing that these practices have reappeared in the Soviet Union and have damaged our relationship with that country.

My noble friend Lord Robathan asked what we were doing to stop Russian criminals from exploiting the UK financial system. He may know that we passed the Criminal Finances Act 2017, which introduced criminal offences relating to companies that failed to prevent tax evasion. We made a commitment at the 2016 Anti-Corruption Summit to publish an anti-corruption strategy, setting out a work plan through to 2022. We have created a new National Economic Crime Centre within the National Crime Agency to bring together all our capabilities to fight economic crime, including the specific instances mentioned by my noble friend.

My noble friend may also know that we recently introduced unexplained wealth orders, so in addition to the action we have taken to deal with money laundering—such as the register of beneficial owners—we have taken powers to require people who own property that would ordinarily be beyond their obvious means to prove how they lawfully acquired it. On 31 January this year, the regulations that introduced UWOs came into force. A UWO requires a person who is reasonably suspected of involvement in—or connection to someone involved in—serious crime to explain the nature and extent of their interests in a particular property and to explain how the property was obtained where there are reasonable grounds to suspect that the respondent’s known, lawfully obtained income would be insufficient to allow the respondent to obtain the property.

The noble Baroness, Lady Kramer, asked whether cryptocurrency was included. In Schedule 2 of the order, “funds” is fairly embracing, meaning,

“including (but not limited to) … gold, cash, cheques, claims on money”,

et cetera, and Schedule 4, which deals with freezing prohibitions, refers to,

“making available the proceeds of realisation of property belonging to a specified person, and … making a payment to or for the benefit of a specified person”.

So my advice is that the order includes cryptocurrency. I agree with the noble Baroness that it is unlikely that these individuals will come to the UK or indeed that they have any assets in the UK.

The freezing order applies to overseas banks. The noble Baroness asked a more specific question about shell companies. I would like to write to her about that, but if the money from a shell company went through a bank, it would be caught by the order. She also asked about the delay in introducing the freezing order. She will know that there was a sequence of events—the inquiry that culminated, eventually, in the Sir Robert Owen inquiry. It was some time before we knew who to go for after the tragic death of Litvinenko. I agree with what she and other noble Lords said about the widow, Mrs Litvinenko.

I am sorry that the noble Lord, Lord Tunnicliffe, has had to wait two years for an answer to the question that he asked last time. The Government decided not to implement asset-freezing orders against those individuals mentioned in the letter under this legislation with the exception of Lugovoy and Kovtun but, as was indicated in 2016, a number of individuals on the list provided by Mrs Litvinenko’s lawyers have been designated for other reasons under sanctions relating to Crimea and activities in Ukraine. There is an ongoing police investigation into the two individuals that we discuss this evening.

I will have to write to the noble Lord, Lord Hylton, in answer to his questions about the total volume of assets frozen under freezing orders. I think he went just beyond the order that we debate this evening and his question applied to all freezing orders, so I will write to him. I am sorry if I have not answered all the questions raised by noble Lords. I will write in respect of those that I have not been able to answer.