Criminal Finances Bill

Debate between Natascha Engel and Ben Wallace

Wednesday 26th April 2017 Commons Chamber

[The Minister for Security (Mr Ben Wallace)]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker]

With this it will be convenient to consider Lords amendments 2 to 147.

[Mr Wallace]

I just heard what you had to read through, Madam Deputy Speaker. I have 147 amendments, so I hope the Chair has changed by the time we have got through them. However, I do not think we will be taking them individually.

When we sent the Bill to the Lords some months ago, there was considerable cross-party consensus on its aims and measures. After exercising robust scrutiny, we made a number of amendments in this House, including the significant addition of the Magnitsky clause on gross human rights abuses and violations, which I believe significantly improves the legislation. I am pleased to say that the same consensus continued in the House of Lords and that the group before us consists only of Government amendments.

With Prorogation imminent, it is crucial that we get the many valuable powers in the Bill on to the statute book, including unexplained wealth orders, the seizure and forfeiture powers, and the offences of corporate failure to prevent tax evasion. I welcome the support of colleagues across the House to ensure that we can achieve that goal. Although there are 147 amendments in the group, I reassure hon. Members that they are to a great extent minor or technical changes that aim to enhance the operation of the Bill’s existing measures. I will briefly highlight some of the most significant measures.

Undoubtedly, the issue that received the most substantial scrutiny in the House of Lords was that of company ownership transparency in the British overseas territories with financial centres and the Crown dependencies. This topic is of great interest to right hon. and hon. Members in this House. As part of our international efforts to increase corporate transparency, the Government continue to work closely with our overseas territories and Crown dependencies to combat corruption and ensure that they implement the commitments they have made on law enforcement access to beneficial ownership data by the deadline of June this year.

I met the Chief Ministers of Jersey, Guernsey and the Isle of Man earlier this week to discuss their progress, and pressed again our ambition for transparent registers. Yesterday, I co-chaired a meeting of peers and the London representatives of the overseas territories, so that they could update us on their efforts so far.

Once the commitments have been implemented, they will put the UK and our overseas territories and Crown dependencies well ahead of most jurisdictions in terms of transparency, including many of our G20 partners and other major corporate and financial centres, including some states in the United States. As I have said previously, we should be proud of that fact and of the progress we have made since the anti-corruption summit last year. These arrangements will prevent criminals from hiding behind anonymous shell companies and bring significant benefits in terms of the capacity and information that UK law enforcement authorities will have at their disposal to tackle criminal activity and investigate bribery and corruption, money laundering and tax evasion.

It is right, however, that we review the effectiveness of the implementation to assess whether the arrangements are delivering the outcomes that we and our law enforcement agencies are after. That is why we amended the Bill in the House of Lords to require a statutory review of the progress made by the territories against their existing commitments. That report will be laid in Parliament, so that the House can revisit this issue as appropriate in due course.

Some peers and right hon. and hon. Members would have liked us to go further. However, as I have made clear, we are making considerable progress by working consensually with the territories and respect our constitutional settlements with them. The Government maintain that it would not be appropriate to force legislation on jurisdictions that are, to a great extent, self-governing. With Prorogation growing ever nearer, I welcome the fact that that amendment was strongly supported by peers of all parties. I trust that hon. Members will agree that it is a sensible way forward at this stage.

Turning to the provisions that were already in the Bill, we have made a number of amendments to the proposed operation of unexplained wealth orders. The hon. Members for Dumfries and Galloway (Richard Arkless) and for Kirkcaldy and Cowdenbeath (Roger Mullin) raised concerns that the £100,000 threshold for the imposition of unexplained wealth orders could disadvantage law enforcement agencies in certain parts of the country, particularly where property values may be lower or the proceeds of crime more evenly shared out. The Northern Ireland Executive raised similar concerns. In the light of that, Lords amendments 2 and 15 will lower the threshold from £100,000 to £50,000, as was requested by the SNP. The threshold remains an important safeguard that will be considered by the court, along with other factors, before unexplained wealth orders can be made.

Following concerns raised in the Lords and by the right hon. Member for Barking (Dame Margaret Hodge) in evidence to the Public Bill Committee, further amendments were made in the Lords to ensure that unexplained wealth orders could be applied in relation to property held in trusts or other complex ownership arrangements, including through a foreign company. Those amendments will help to ensure that the orders have the greatest possible impact once law enforcement agencies can use them.

Lastly in relation to unexplained wealth orders, Lords amendments 11 and 33 provide for a compensation scheme in relation to the interim freezing orders that can accompany an order. Such a freezing order would be used to ensure that someone does not scarper while we go to court to put in place an order. We therefore need a compensation scheme, should the court decide an order is not appropriate. That is an important safeguard to circumscribe the use of such powers.

Hon. Members will recall that we extended the seizure and forfeiture powers in chapter 3 of part 1 on Report in the Commons to cover gaming vouchers and casino chips, following another concern raised by Opposition Members. Following a representation from the hon. Member for Dumfries and Galloway, Lords amendments 47 to 49 and 91 to 93 will also allow law enforcement agencies to seize a betting slip where they suspect that the funds used to place the bet are the proceeds of crime. Those provisions will be subject to the same safeguards as those on cash seizure, and we will work with bookmakers and their trade associations to ensure that the measures are used effectively. I trust that hon. Members will welcome that further expansion of the powers.

On a related issue, Lords amendments 69 to 71 will allow for legal expenses to be deducted from any property recovered under the seizure and forfeiture powers, helping to ensure that they function effectively in practice.

Following discussions with banks and other regulated bodies, Lords amendment 36 will extend the period in which companies can share information with each other to tackle money laundering. At present, information sharing can take place for 28 days from the initial notification; we are extending that to 84 days. That takes account of more complex cases where, for example, numerous banks may have relevant information. It is a further sign of this Government’s commitment to working in partnership with the private sector to tackle money laundering. It will help to ensure that the information sharing provisions underpin the incredibly important work of the joint money laundering intelligence taskforce.

As I said at the outset, there are a number of other Lords amendments in the group that provide for minor or technical changes to the existing provisions. I do not expect that any of them will provoke significant concern among hon. Members, but I would, as ever, be happy to address specific queries during my closing remarks.

I hope that the House agrees that the amendments that have been made in the Lords improve the Bill, which, as I have said, has been the subject of significant cross-party support throughout its passage. The Bill, as amended, will ensure that law enforcement agencies have the tools they need to tackle money laundering and terrorist financing and to work as effectively as possible with the private sector on those crucial national security priorities.

We must, of course, remember that the Bill is only one element of the Government’s wider approach to tackling corruption and other serious and organised crime. I referred in earlier debates to Labour’s Bribery Act 2010, which is another plank in the assault on corruption. That goes to the heart of how the Bill is part of a wider package and continual process of tackling corruption.

I was pleased that there was a call for evidence on the review of limited partnerships, which closed on 17 March 2017, as this allowed people to make their concerns known about the abuse of Scottish limited partnerships that we have all seen and that has been evidenced by The Herald newspaper throughout this process. I thank the hon. Member for Kirkcaldy and Cowdenbeath, who has been an effective champion on this issue. I hope that, once the review is completed and we see the results, he and I will be in agreement about the next steps. Department for Business, Energy and Industrial Strategy officials are analysing the responses and expect to submit advice on options to Ministers shortly after the election.

The Ministry of Justice has conducted an initial call for evidence to examine the case for changes to the law on corporate criminality liability for wider forms of economic crime. It is considering the responses at present. We are also strengthening the supervisory regimes for the regulated sector, including proposals for a new office of professional body anti-money laundering supervision—OPBAS, I am told it is called—in the Financial Conduct Authority, to help ensure that the non-statutory supervisors comply with their obligations in the money laundering regulations.

The UK’s public register of beneficial ownership information—the first of its type in the G20—has been up and running since June 2016. Recently, we published proposals for a further public beneficial ownership register for foreign legal entities to increase the transparency of overseas investment in UK property and central Government procurement contracts. We are continuing to reform the suspicious activity report regime, including through investment in systems and processes to complement the legislative reforms. Following a commitment at last year’s anti-corruption summit, we have worked closely with civil society, businesses and practitioners to develop the first UK anti-corruption strategy.

I am pleased that we have reached this stage of the Bill’s consideration in such a constructive fashion. I invite the House to agree to the Lords amendments before us, so that this crucial legislation can be enacted without further delay.

Criminal Finances Bill

Debate between Natascha Engel and Ben Wallace

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st February 2017 Commons Chamber

[Mr Wallace]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Natascha Engel)]

With this it will be convenient to discuss the following:

New clause 5—Unexplained Wealth Orders: award of costs—

“In Chapter 2 of Part 8 of the Proceeds of Crime Act 2002, after section 362H insert—

‘362HB Unexplained Wealth Orders: award of costs

(1) Pursuant to Part 3 of the Civil Procedure Rules (The Court’s Case Management Powers) the High Court must make a costs capping order, in respect of—

(a) unexplained wealth orders under section 362A of this Act;

(b) interim freezing orders under section 262I of this Act.

(2) The High Court shall not have power to make an award for costs on the indemnity basis against enforcement authorities who bring an unsuccessful application for—

(a) unexplained wealth orders under section 362A of this Act;

(b) interim freezing orders under section 262I of this Act.

(3) For the purposes of this section “enforcement agencies” has the same meaning as in subsection 362A(7).’”

This new clause would prevent the courts from awarding uncapped costs on the indemnity basis against enforcement agencies where they have brought unsuccessful applications for unexplained wealth orders or interim freezing orders. It seeks to define such civil actions as within “exceptional circumstances” required for the purposes of Practice Direction 3F to Part 3 of the Civil Procedure Rules under which the court has the power to make a cost capping order.

Amendment 1, page 3, clause 1, leave out line 29.

This amendment would allow unexplained wealth orders to be issued to politically exposed persons in the United Kingdom and EEA States.

Government amendments 2 to 19.

Motion to transfer clause 12(3).

Government amendments 20 to 57 and 60 to 72.

[Mr Wallace]

We now come to a group of amendments relating to law enforcement investigative and recovery powers. It is primarily composed of Government amendments that I hope the House will agree are, for the most part, technical and uncontroversial. I therefore do not intend to linger on each of them, but I will quickly summarise the key amendments for the benefit of hon. Members.

New clause 8 and other consequential amendments remove the restriction on HMRC’s criminal powers being used for former revenue functions. This ring fence arose following the merger of Her Majesty’s Customs and Excise and the Inland Revenue in 2005. In the intervening period, legislative changes have brought most major taxes within the scope of HMRC’s criminal justice powers, but there remain some anomalies. For example, investigators cannot use certain powers to fight stamp duty tax fraud. Fraud is a crime, regardless of which function of HMRC it is committed against, and the amendments will ensure that the necessary powers are available in all such cases. They do not provide HMRC with any new criminal justice powers.

Amendments 2 to 15, 70 and 71 relate to the power in clause 9 to allow an extension of the moratorium period in which law enforcement agencies can investigate a suspicious activity report before a transaction is allowed to proceed. These amendments will deliver a number of minor and technical improvements to this provision: they will allow an automatic extension to the moratorium period while a court hearing is awaited to make a decision on an application; they will help to ensure that a company does not provide any information to the customer whose transaction is subject to a suspicious activity report, other than the fact that an SAR has been made; they will allow immigration officers to apply for an extension; and they will allow for an explicit right of appeal in Northern Ireland.

The majority of the remaining amendments in this group—amendments 22 to 24, 26, 27, 29 to 38, 46, 47, 49 to 57, 60 to 69 and 72—clarify the operation of the seizure and forfeiture powers that the Bill adds to the Proceeds of Crime Act 2002 and the Anti-terrorism, Crime and Security Act 2001. Many of these changes are extremely technical in nature, but I will highlight a few of the more significant ones. They will allow the director general of the National Crime Agency to designate the level of senior officer that can authorise the use of certain powers—unlike in the police, no such designation currently exists in law. They will ensure that any interest accrued on forfeited funds while in the agency’s account is returned to the owner of the funds if that person successfully appeals against the forfeiture. They provide that, where the NCA has used the powers, and a court determines compensation should be paid, the NCA will be responsible for paying that compensation. They will introduce a duty on the police and others to consult the Treasury to ensure that the full range of terrorist asset-freezing powers are considered before exercising the related power provided by the Bill. They will require consultation with the devolved Administrations before the provisions in clause 12 relating to the seizure of gaming vouchers and betting slips are commenced. This will ensure that the provisions are implemented effectively in Scotland and Northern Ireland.

On the devolved Administrations, we hope the Scottish Parliament will approve their legislative consent motion on the Bill shortly. Although the Government assert that none of the provisions are devolved with respect to Wales, I note that the Assembly has already provided such a motion. The Government have had extensive discussions with the Northern Ireland Executive about the Bill, and plans were in place for a legislative consent motion to be considered by the Assembly—law enforcement authorities in Northern Ireland are keen to ensure they have access to the powers in the Bill—but the suspension of the Assembly prior to elections has prevented the motion from being pursued at this time. These are clearly extremely unusual circumstances, but the Government remain committed to the central principles of the Sewel convention. We will therefore commit not to commence provisions on matters devolved to Northern Ireland without the appropriate consents having been obtained. It is our intention to pick this up with the Executive, following those elections. It may not be possible to resolve this before the Bill receives Royal Assent. We are most likely to make further amendments to the Bill in the House of Lords to put beyond doubt that all the relevant provisions can be commenced at separate times for different areas of the United Kingdom.

EU Referendum: Timing

Debate between Natascha Engel and Ben Wallace

Tuesday 9th February 2016 Commons Chamber

[Madam Deputy Speaker (Natascha Engel)]

Order. The Minister has said that he will not give way.

[Mr Wallace]

It is absolutely right, as the hon. Member for North West Durham said—

[Alex Salmond]

On a point of order, Madam Deputy Speaker. The Minister is summing up from the Front Bench and he has made a direct reference to another Member. Is it not a matter of courtesy and respect in those circumstances to give way to that Member? Is not this typical of the lack of respect, not just to Members—

--- Later in debate ---

[Madam Deputy Speaker]

That is also not a point of order. This has been a good debate and people have had plenty of time to make their speeches, but the Minister has only one minute left. He has said that he will sit down at that point in order not to talk out the debate.

[Mr Wallace]

I think the right hon. Gentleman’s not wanting to listen demonstrates why he lost the referendum in Scotland.

The debate will now have to be curtailed, but the reality is that Members on both sides of the House want to trust the people. This Government have heard what has been said. No date has been picked, and no doubt all the contributions will weigh on the mind of the Prime Minister when he makes the decision on the date of the referendum. It is important that everyone engages in the debate on Europe in a positive way, whatever their view on it. I agree with some of the Members who spoke. It is important that people understand that the electorate are perfectly capable of distinguishing between elections for the Scottish Parliament and the Northern Ireland Assembly and the EU referendum.

Finally, on the point about purdah, the law states clearly that the devolved institutions may continue to discuss their domestic agenda without purdah. They can launch their manifestos and make announcements about hospitals and schools, and that will not be affected. Only on the issue of European membership will purdah come into effect, so they can carry on and have the debate. They can implement their legislative programmes and at the same time have a healthy debate about Britain’s future in Europe.

Question put.