Economic Crime and Corporate Transparency Bill

Debate between Stephen Kinnock and David Davis

Report stage
Wednesday 25th January 2023 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

I am going to be brief and speak simply to new clauses 1 and 2, which stand in the name of the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), in my name and in the names of a number of other long-standing defenders of justice in Britain. The new clauses, in effect, make SLAPPs near impossible where they are used to protect economic crime. The provisions are far too narrow, by the way, but that is what the Bill demands. I will leave it to him to explain the mechanism, but I want to talk for a couple of minutes about how important this is and how we got to where we are today.

The issue dates back to about 2000, or perhaps a bit earlier, when London had become liberalised and the Putin oligarchs and others, including some Chinese people, were looking for places to hide their ill-gotten gains and behaviour. London was a wonderful target for that. There were vast flows of money in which they could hide the billions they were stealing from the Russian people and others.

At the time, there was pretty slapdash corporate admin—we were talking about that yesterday in respect of Companies House—and, I say this quite brutally, the complete feebleness of the British establishment, by which I mean everybody: both parties; and the agencies tasked with controlling this, the Serious Fraud Office, which has been a waste of space, and the NCA, which has not been good enough. It was created to tackle this but has not been good enough. All those things were happening. I say to the hon. Member for Aberavon (Stephen Kinnock) on the Opposition Front Bench that it goes wider than the Conservative party. It starts with Blair/Brown and goes on to Cameron/ Osborne. All of them made mistakes. The golden visa that the hon. Gentleman talked about was created just as we were rushing into the collapse of western financial capitalism under the previous Government. We were too soft—

[Stephen Kinnock]

The right hon. Gentleman makes a valid point. I agree that the creation of the scheme was under the new Labour Administration, but the point I made in my speech was that a number of those golden visas were given after the Russian invasion of Crimea in 2014. He is right that successive Governments are guilty of naivety and complacency, but there is a point in 2014 when we really needed a different approach.

[Mr Davis]

There is no doubt that the more recent you are, the more salient the case. Frankly, I can remember being ashamed of a British Prime Minister hosting Putin at the Olympics only a few years after Litvinenko was murdered in our country in the most cruel and overt act of state terrorism. Neither Government dealt with that. Cameron’s action was grotesque in the extreme, but neither Government dealt with it. Similarly, both Governments kowtowed to China after Tibet and all the rest of it. That has been done too many times. It is the entire system, not just one Government or another.

London is a fabulously attractive place for the Russians or the Chinese. If you want to be somewhere else than Russia, this is the place to be. We have facilitated that at every turn. Here comes the issue to which SLAPPs relate. We have a legal system that is probably the most brilliant in the world in delivering fair outcomes and good justice, but it is also phenomenally expensive, which means it is one-sided in its operation between an oligarch and an ordinary citizen, journalist or whoever they may be.

In conjunction with that are the things that flow from it, such as the behaviour of solicitors, to some of whom my hon. Friend the Member for Isle of Wight (Bob Seely), who is not in his place, gave a fair old pasting yesterday, but one that was deserved. The private investigators industry, unregulated, undertakes crimes to gather information for use as weapons against other people. Our courts—not uniquely, but outstandingly—allow that information to be used. In each individual case that might be the right decision, but the collective effect of that is to suck criminally based information into our system and therefore engender and help the industry.

All that is why new clause 1 and 2 are vital. That all had the effect of creating a vast, possibly unintentional institutional cover-up for criminal activity: money laundering, fraud and concealment of evil actions abroad. Let us bear in mind that some of the oligarchs we are talking about are murderers. The system murders people. It is evil activity. That is why new clauses 1 and 2 are incredibly important.

What the right hon. Member for Birmingham, Hodge Hill is proposing in new clauses 1 and 2 is a second best option. We already heard the best option in earlier interventions: a freestanding Bill immediately, because this is happening now. There are court cases going on as I stand here in which people are having their lives destroyed by SLAPPs. The next best is to have it in the Bill of Rights, but we know that that is way down the timetable, for all sorts of reasons. We may not see it before the next election, in which case we will have lost two more years.

The new clauses amount to a way of dealing with this criminal—or near criminal—activity in a way that is not susceptible to a finely turned piece of law. I listened with fascination to my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) on that point. Getting that right is difficult; getting this right is not, because the greatest enemy of evil is a free press. In our country in the last couple of decades we have allowed our free press to become gagged and crippled. If we can take that gag away and remove those bonds, we will suddenly expose all the things that we need to deal with. We will see the weaknesses I talked about—the SFO and the NCA—and put them right, one by one. That is why we should support new clauses 1 and 2. I talked before about the weaknesses of the SFO and the NCA. We will see those weaknesses and we will put them right, one by one. That is why we should support this measure today.

Lawfare and UK Court System

Debate between Stephen Kinnock and David Davis

Thursday 20th January 2022 Commons Chamber

[Mr Davis]

My hon. Friend alights upon a very important point. It is very clear that some London-based law firms have found an incredibly profitable niche that they are willing to pursue without too much concern about the outcome. I think the professional bodies for those law firms should be looking very hard at them, as should the Government. It is an important point, which I am sure others will develop.

[Stephen Kinnock (Aberavon) (Lab)]

The right hon. Gentleman is making an excellent speech. On the point of the lawyers who are facilitating all this—the army of lawyers doing the dirty work of the Russian Government and of oligarchs and the Governments of other hostile regimes—does he agree that were we to introduce a foreign agents registration Act in this country, lawyers acting on behalf of those people should be included in such a registration process?

Elections Bill

Debate between Stephen Kinnock and David Davis

2nd reading
Tuesday 7th September 2021 Commons Chamber

[Mr Davis]

The point I would make is that I am quoting from Government research. I did not do this research; it is Government research. By the way, since my hon. Friend draws me to Government research, Lord Pickles, a real old pal of mine, did a study on this. I have read it and, to summarise, the conclusion was, “I can find no evidence of personation but that doesn’t mean it isn’t happening, and of course even if it isn’t happening now it might well happen in the future.” It is the precautionary principle gone mad in the centre of our constitution.

The Government answer, as we have heard several times, is free photographic ID. Nevertheless, the Government’s own research again found that about 42% of people without the ID would not take it up. That is really very serious. These groups are going to be disenfranchised because they do not take it up, and they will turn up at the polling station and find that they are unable to vote. This is in pursuit of three convictions.

[Stephen Kinnock (Aberavon) (Lab)]

The right hon. Gentleman is making an excellent speech thoroughly destroying the Government case for voter ID. Would he care to hazard a guess as to why the Government are pursuing this policy?

[Mr Davis]

This is where I differ from the hon. Gentleman. I think that the Government are trying to do their best. I do not think that this is a deliberate action, but I think that the pressure on the Government—[Interruption.] The hon. Gentleman laughs, but listen: I lived through a Labour Government deliberately gerrymandering the system, frankly, so I do not want to take any lectures on that. I think that the Government are trying to do their best. They have the wrong idea in pursuit of a problem that does not exist, but they are nevertheless trying to do their best. But there is a greater—

EU Exit Negotiations

Debate between Stephen Kinnock and David Davis

Monday 13th November 2017 Commons Chamber

[Mr Davis]

My right hon. Friend is quite right. It is a foolish proposition that is only deployed by the Opposition.

[Stephen Kinnock (Aberavon) (Lab)]

I am sure that the Secretary of State will wish to join me in congratulating his friends the Foreign Secretary and the Secretary of State for Environment, Food and Rural Affairs on the rekindling of their bromance. I wonder, though, whether they understand that the European Parliament has stated clearly that a transition deal

“can only happen on the basis of the existing European Union regulatory, budgetary, supervisory, judiciary and enforcement instruments and structures”.

Does the Secretary of State believe that Conservative Members understand that that will be the basis of the transitional arrangements?

[Mr Davis]

First, let me say to the hon. Gentleman a milder version of what I said to our Scottish nationalist colleague, the hon. and learned Member for Edinburgh South West (Joanna Cherry): he should not take just what the European Parliament says as the end of the exercise. However, he is of course right in one respect: a transitional arrangement will look very like what we have now, but it will not be membership, and it will allow us freedoms that we do not have now. It is critical to remember that as well.

Leaving the EU: Parliamentary Vote

Debate between Stephen Kinnock and David Davis

Thursday 26th October 2017 Commons Chamber

[Mr Davis]

As the Chairman of the Select Committee said, there are three components to this, but they are not unrelated, with article 50 itself taking into account the framework of the future relationship. We intend that they are broadly agreed at the same time and that they are conditional upon one another. That is because it would have a material impact on the negotiation to separate them completely. That is why we will bring the whole thing to the House. That was the undertaking given. Indeed, that was what was asked for during the passage of the article 50 Bill. With regard to the future relationship, of course, as the Prime Minister said in Florence, article 218 says that that agreement cannot be signed until we are a third country, in effect. It is also the case that there could well be more than one treaty, for reasons of interest and benefit to ourselves. The House will therefore have multiple occasions to look at that separately from the overall decision. That, I think, is in the interests of democracy.

[Stephen Kinnock (Aberavon) (Lab)]

The issue that we are debating today goes to the heart of the trust and confidence that the British people should have in our parliamentary democracy. The sad reality is that ministerial assurances are no longer good enough. The Secretary of State has said that he will not sign somebody else’s amendment, so why does he not table his own amendment to the withdrawal Bill to give this House and the British people the clarity and coherence that is so desperately needed?

[Mr Davis]

I say two things to the hon. Gentleman. He was in the Committee yesterday and he saw that I was answering questions as straightforwardly and factually as is possible. What I was describing were items of fact, not promises. His own Front-Bench colleague, my opposite number, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), said yesterday: “I don’t doubt assurances which are given at the Dispatch Box.” I think that is the proper approach to this.

Oral Answers to Questions

Debate between Stephen Kinnock and David Davis

Thursday 7th September 2017 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab)]

1. What discussions he has had with Cabinet colleagues on plans for the House to vote on continued UK membership of the EEA.

[The Secretary of State for Exiting the European Union (Mr David Davis)]

The United Kingdom will no longer participate in the EEA agreement once we leave the European Union. The United Kingdom is a party to the EEA agreement in its capacity as an EU member state, so on exit day the EEA agreement will cease to operate in respect of the UK. It will no longer have any practical relevance to the United Kingdom. We are considering what steps, if any, we might need to take to confirm formally our withdrawal from the EEA agreement as a matter of international law.

[Stephen Kinnock]

I thank the Secretary of State for his answer, but I am afraid that article 127 of the EEA agreement, to which the United Kingdom has been a signatory since 1993, clearly states that any country wishing to leave the European economic area must give formal notice of at least one year. Will the Secretary of State therefore please confirm that such notice would have to be given to leave the EEA and that, given the fundamental constitutional, political, legal and economic importance of such a decision, the decision to leave the EEA would be subject to a debate and a vote?

[Mr Davis]

There is actually agreement that when the UK ceases to be a member of the EU, the EEA agreement will no longer operate in respect of the United Kingdom. As such, the Government’s legal position is clear: article 127 does not need to be triggered for the agreement to cease to have effect, but we are looking at it just to make sure, for clarity purposes, that we meet its requirements.

EU Exit Negotiations

Debate between Stephen Kinnock and David Davis

Tuesday 5th September 2017 Commons Chamber

[Mr Davis]

My hon. Friend is right that the mandate structure is rigid; it does make it difficult for Mr Barnier and his team to be as flexible as they might want to be. It will be the point at which the Council starts to take a steering role in this that indicates a change in speed. That may well be October, but it may well be dictated by other events—as my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) said earlier, the German election will have an impact, and other political issues in Europe will have an impact. And the process will go at varying speeds. As I have said from the beginning, this is going to be a turbulent process: there will be times when there are ripples, there will be times when it is smooth and there will be times when it is very stormy. We must be ready for that, because this is going to be a negotiation about big issues between major states, and these things are never serene.

[Stephen Kinnock (Aberavon) (Lab)]

The Secretary of State will have noted that the United Kingdom registered the lowest rate of economic growth in the entire European Union in the first quarter of this year. Does he think that the chaotic and shambolic way these negotiations are going may have contributed to that level of growth?

[Mr Davis]

I am lost for words as to where to start on the logical impossibilities. First, I do not recognise the hon. Gentleman’s economic numbers. We have a country that has had sharp increases in exports and sharp increases in manufacturing. Vast numbers of good things are happening on the economic front, including the highest employment ever and the lowest unemployment for 42 years, so I simply do not recognise his rather interesting barb.

European Union (Notification of Withdrawal) Bill

Debate between Stephen Kinnock and David Davis

Ping Pong: House of Commons
Monday 13th March 2017 Commons Chamber

[Mr Davis]

That point brings me to subsection (4), so let me deal with that in a little more detail. This new clause, effectively, seeks to prohibit the Prime Minister from walking away from negotiations, even if she thinks the European Union is offering her a bad or very bad deal. As I will get on to, the impact of this is unclear, but even the intent goes far beyond what we have offered or could accept. The Government will be undertaking these negotiations and must have the freedom to walk away from a deal that sets out to punish the UK for a decision to leave the EU, as some in Europe have suggested.

Of course, we are seeking a mutually beneficial new relationship, which we believe can and will work for everyone, but tying the Government’s hands in this way could be the worst way of trying to achieve that deal. And let us not forget: in December, this House passed a motion that nothing should be done to undermine the negotiating position of the Government.

[Stephen Kinnock (Aberavon) (Lab)]

The Minister is asking us to take him at his word—on trust. Given the record of the Conservative party recently on manifesto commitments, does the same principle of trust apply?

[Mr Davis]

I said before, and I will say it again: I take statements at this Dispatch Box as binding.

The important point here is that the idea that Parliament could force the Government to accept a bad deal will only incentivise those on the other side of the negotiating table to deliver just such a deal. As the Lords European Union Select Committee—hardly a Tory front organisation —said:

“The Government will conduct the negotiations on behalf of the United Kingdom, and, like any negotiator, it will need room to manoeuvre if it is to secure a good outcome.”

Article 50

Debate between Stephen Kinnock and David Davis

Monday 7th November 2016 Commons Chamber

[Mr Davis]

As my right hon. Friend well knows, the issue of the customs union is a complex one. There are many different configurations. Turkey is inside the customs union but outside the single market, Norway is inside the single market but outside the customs union, and Switzerland is outside the customs union and partly inside the single market. We have to make a judgment on what is best for Britain in toto, in terms of its access both to the European market and to the rest of the world. We will make that judgment in due course and make it public in due course.

[Stephen Kinnock (Aberavon) (Lab)]

Does the Secretary of State agree that nobody is above the law, not even his own Government?

[Mr Davis]

Yes.

Next Steps in Leaving the European Union

Debate between Stephen Kinnock and David Davis

Monday 10th October 2016 Commons Chamber

[Mr Davis]

There is an old adage in politics about not answering hypothetical questions, and that is a hypothetical question. I do not expect the House of Lords to overturn the decision of the British people.

[Stephen Kinnock (Aberavon) (Lab)]

The Secretary of State will know that the process for exiting the EU will have two steps: first, the article 50 negotiations, which will be by qualified majority voting; and secondly, the negotiation of a new trade deal, which will require unanimity and ratification by all the Parliaments of the EU. Will he guarantee that businesses will have the reassurance, which they desperately need, of a guaranteed transition period, rather than their falling off the cliff edge immediately after the article 50 negotiations conclude?