Sanctions

Robert Jenrick Excerpts

Tuesday 1st March 2022 Commons Chamber

[Michael Ellis]

These powers will have a maximum penalty of up to 10 years’ imprisonment, so that is a “bite” if they are breached.

[Robert Jenrick (Newark) (Con)]

It seems that the legal test required to sanction an individual is too high, because the Departments responsible are clearly struggling to amass sufficient evidence to meet that test—evidence such that they feel will be able withstand judicial review or legal challenges by the individuals concerned, who understandably will put together a serious legal team to challenge them. Anyone would do that and that is their legal right. What can this House do, through legislation, to assist the Minister and the Government in making that legal bar easier for them to reach? That is the challenge that Members on both sides of the House are raising today.

--- Later in debate ---

[Robert Jenrick (Newark) (Con)]

As I am speaking at a late stage in the debate, much of what needed to be said has already been said, so I will not repeat any of it. Let me instead make three brief points.

First, what really matter now are those things that have a systemic impact on the Russian economy and on Vladimir Putin’s ability to finance the war in which he is engaged in Ukraine. We must be careful, as a House, not to fail to see the wood for the trees and go down the rabbit hole of interest in individuals and oligarchs. That is of course important, and I will return to it in my second point, but it will not make a material difference in the short term. Many of those individuals are not close to Vladimir Putin today. Many of them left Russia or are dual nationals. The situation is highly complex. I will return to that in a moment, but what really matter, and will make a serious impact, are the measures that have, broadly speaking, been put in place over the last few days.

Like a number of Members on both sides of the House, I was disappointed that, when we had a debate on this subject towards the end of last week, the initial package of measures was very limited indeed, but now we find ourselves in a position where the UK, broadly in concert with our allies, has brought forward significant measures. For some time I advocated the move on SWIFT, and we were told that that was unlikely to happen. It has happened, and I am pleased that the UK played a significant part in advocating it, although I find it disappointing that it has been done in a partial manner. I wish that we could move to a point at which SWIFT is turned off from Russia more substantially, if not in its entirety, and I suspect that that is the UK Government’s ambition, but it is being held back by some others, particularly European allies, who rely on it to remit payments for oil and gas to Russian entities.

I think the sanctions that were put in place against the Russian central bank were by far the most significant that we have imposed as an international community, because part of the effort put in by Vladimir Putin over the last two or three years was to build up £600 billion of foreign currency reserves. The fact that half of that is based overseas, in foreign banks and foreign central banks, is extremely important and material, if we can truly freeze those assets and prevent the Putin regime from accessing them. I warmly support those changes and hope that they are effective; we will all have to follow events to see whether they really are in practice.

I am still not certain why the UK has not sanctioned all the major Russian banks. There are still some that we have not sanctioned, and I should like to hear a good answer to the question of why that is. There may be an answer, but I do not see it. There are vested interests across Europe; for example, some major banks in Russia are owned by SocGen—Société Générale, the French bank—so it is quite clear to me why the French Government would not want to sanction that particular bank, but I cannot see a good reason why the UK Government would not want now to sanction all the Russian banks, which is something that we could do quite quickly. I should be grateful if the Minister could, on this occasion or in future, make it clear why we are not doing it.

When it comes to individuals, as I have said, I am sceptical about the impact of this in the short term. The term “oligarch” is bandied around, and there is a spectrum of those individuals, from people who are clearly gangsters to people who made money out of Russia in a way that none of us would regard as legitimate, but who are now quite distanced from the Putin regime. It will make very little difference in some cases, and in fact I suspect that Vladimir Putin will find it highly amusing and satisfying to see those individuals being punished.

[Bob Seely]

My right hon. Friend is making an excellent speech. I fully understand that he is separating the institutional from the personal. The term “oligarch” is bandied about far too much, but does he accept that while the institutional stuff will hurt the Russian state, by targeting those people who remain close to Putin, we will then target him, especially if they remain the oligarchic facilitators of some of his overseas policy, which is effectively a parallel Kremlin policy to the official state?

[Robert Jenrick]

I do, and I completely understand what my hon. Friend is saying. The point I am trying to make is that we must not spend all our efforts on the individuals, although most of us would like to see those individuals punished in some way or form, and that the most important thing is to target the things that will have a real and major impact on Putin’s ability to finance his campaign in Ukraine. On the individuals, there is a distinction—as my hon. Friend has just said—between those individuals who we know through our intelligence to be directly involved in the Putin regime today and others who may have drifted away, and we should order in priority those individuals that we take action against.

My second point is that the regime we have in place for targeting individuals is clearly not fit for purpose. We were told that there was a hit list of oligarchs and that we would be taking action against them, yet days have passed and very few if any further individuals have been put on that list of sanctions. That leads me to believe that the legal bar that we have to reach before sanctioning those individuals is too high and that the group of officials doing that work is either insufficiently resourced or we do not have the right people. That is no disrespect to those officials, but we need to be able to sanction these individuals faster than we are doing today; otherwise, our rhetoric simply will not match up with reality. I am afraid that that is the situation today.

Anyone listening to the rhetoric would say that it is very strong, but the action is fairly weak. I would like to hear from the Minister what more we can do to help him and the Government to get those individuals sanctioned. As I say, it feels to me that that means more resources for the team providing the legal basis, and a lower legal test in order to sanction the individuals. If that requires changes to the legislation, let us bring them forward to the House, because there is clearly cross-party agreement on this.

My third point is that a large number of British businesses are going to be affected by the sanctions, the overwhelming majority of which are perfectly legitimate individuals and businesses in our own constituencies. I would like to see the Government bring forward some simple plain-English guidance for those businesses as quickly as possible. It is not available today. If we look online, we can see that there is not much guidance at all, and the guidance that is available is quite complex. If we are going to ask businesses, including small ones, to abide by these rules and regulations, the Government need urgently to bring forward some plain-English guidance for them.

Linked to that is the point I made during the urgent question earlier in the week, which was that in order to address a small number of seriously bad apples, we must not do anything that hurts legitimate small businesses and entrepreneurs in this country. The issue I am most concerned about there is the reforms to Companies House in the White Paper. It is a great thing in this country that for £12 someone can incorporate a company and get their certificate of incorporation within 24 hours. With that comes a serious concern about nefarious intent from those individuals who are not legitimate businesses, but before we legislate for that, I want proper reassurances from the Government that legitimate businesses will not be hurt. I do not want to live in a country where that £12 becomes £500 or where 24 hours becomes four weeks, because we all know other jurisdictions around the world, including in Europe—France is an example—where it is much more complicated and time-consuming to incorporate a business and operate it legitimately.

[Liam Byrne]

The right hon. Gentleman is right to make this point. Surely we have to get the balance right, though. I say as a former Chief Secretary to the Treasury that we have to guard against the Treasury insisting that Companies House is in some way cost neutral—that it covers its own costs. We want to have good “know your customer” checks in place, but we also want to avoid that cost being loaded on to sky-high fees. I am afraid that resolving that balance might well require the Treasury to think creatively.

[Robert Jenrick]

As two former Treasury Ministers, we both know that situation. In these discussions, I strongly urge the Chancellor not to lose the UK’s obvious competitive advantage of being a jurisdiction in which it is easy to incorporate a company. I do not want small businesses to be badly affected by these measures. We all talk in this House of our desire to help small businesses or to cut red tape, but invariably we do the absolute opposite. Tackling corruption and money laundering must not come at the expense of legitimate businesses in our constituencies.

I will leave it there, but my central point to the Minister is that our strong words are not being matched by our actions. If there is anything we can do to legislate further, I urge him to do so. We would not want the UK to be a laggard in not sanctioning the banks and individuals that we all wish to sanction as soon as possible.