25/04/2017 House of Lords


25/04/2017

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That's the end of the day in the houckz. We will now be going -- in

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the House of Commons, we will go live over to the House of Lords. You

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can watch recorded coverage after the Daily Politics later tonight.

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... However the Government respects the constitutional relationship with

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the overseas territories and the Crown dependencies. Legislating for

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the overseas territories is something that we have only done

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very rarely and on issues such as the abolition of the death penalty,

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which raised issues of compliance with human rights obligations, areas

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for which the UK retains direct responsibility. While tackling this

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kind of complex criminality and its consequences is extremely serious,

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there is a clear constitutional difference in the fact that

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financial services are an area that is devolved to territory governments

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in the case of the Crown dependencies, the UK has never

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legislated for them without their consent. It is also likely to lead

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to the territories with drawing their current level of cooperation,

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jeopardising the progress made and the spirit of working in partnership

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that we have fostered with the territories. I hope that noble

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Lord's will see this is a course of action that we shouldn't take. My

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Lord's, in terms of their existing commitments, it is quite right that

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we should ensure that there are effectively implemented and deliver

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real benefits for the UK law enforcement. This was a point that

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the noble Lord emphasised at committee stage and following

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careful consideration, I have brought forward amendments 8 and 32,

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to address the concerns raised by him and others. The amendments

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provide for a report to Parliament on the effectiveness of the

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bilateral arrangements in place between the UK and the governments

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of the overseas territories with financial centres and of the Crown

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dependencies on the exchange of beneficial ownership information. As

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I noted at committee stage, the Government is committed to follow up

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on these arrangements to ensure that they deliver in practice. There is

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already provision in the exchanges of notes agreements with the

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overseas territories and Crown dependencies for reviews of the

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arrangements six months after they come into force, that is on December

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31 of this year and for further reviews on an annual basis there

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after. The arrangements provide for continuous monitoring by both

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parties. However, placing review of the first 18 months of operation of

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the arrangements on a statutory basis will, I believe, provide

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further assurance that careful Parliamentary scrutiny will be given

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to the effectiveness of the arrangements and demonstrate they

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are being implemented properly, working effectively and meeting our

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law enforcement objectives. My Lord's, as I've said, the UK is the

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only G20 country to have established a public register and it is this

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Government's long-term ambition that publicly accessible registers of

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beneficial ownership will, in time, become a global standard. At that

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point, we'd expect the overseas territories and Crown dependencies

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to implement this standard. The Government amendment includes

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provision that in the review of the effectiveness of the arrangements,

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we can consider relevant international standards. This

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further demonstrates our intention to ensure that we and our overseas

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territories and Crown dependencies remain ahead of the curve of

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international standards and will continue to consider the bespoke

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arrangements set out in the exchange of notes in relation to these

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standards as they evolve. Given that so many jurisdictions fail even to

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reach the standards set by the financial action taskforce, for

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beneficial ownership transparency, it is right to focus our efforts on

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persuading others to up their game, while ensuring that the overseas

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territories and the Crown dependencies deliver on what they

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have promised. We will continue to engage with partners through the key

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international groups like the OECD to increase levels of transparency

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worldwide. I pay credit to all noble Lord's who have campaigned on this

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issue. The fight against global corruption is a priority for the

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Government. We've listened carefully to all those that have made

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representations, not least the noble lady Baroness Stern. And the noble

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Lord. I hope that the House will recognise the strong rational for

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the Government's proposed approach and that noble Lord's will accept

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the concessionary amendments that we propose in the light of our debate.

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I look forward to responding to noble Lord's at the conclusion of

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the debate, when I will also seek to address the amendment in the name of

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my noble friends. Amendment proposed to insert a new

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clause entitled Corporation beneficial ownership information

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followed by the words printed. I rise to speak to amendment 14 in my

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name and also the names of Baroness Kramer, Lord Ross and Lord Kirk,

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this amendment has already been discussed in committee and is

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unchanged but since the debate in committee I have been fortunate to

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have lengthy discussions with representatives in the United

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Kingdom of the British Virgin Islands and Bermuda which have been

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very enlightening and I also want to thank the Chief minister of the isle

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of man and his colleagues for meeting me. I am also grateful to

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the House of Lords library for the excellent briefings and to Christian

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Aid and transparency International for the additional briefings they

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provided and the work they do in this area. The background to this

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amendment is the growing public understanding of how the lack of

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transparency in offshore financial centres helps the corrupt to find a

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haven for their ill gotten wealth and the tax evaders to sleep easily

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in their beds. Those in poor countries feel the effects of the

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most because they do not have the resources to pursue the money that's

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been taken from them. The understanding of this need for

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transparency was enhanced by the publication of the Panama papers in

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April 2000 and 16. Following this, on the 8th of November 2016 the

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Chancellor of the Exchequer made her written statement on the work of the

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cross agency Panama papers task force. This is a group of law

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enforcers set up to pursue the information that related to the

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United Kingdom about the illegality revealed in the Panama papers. He

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said in his statement that since the publication of the Panama papers the

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task force upon the following, open civil and criminal investigations

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into 22 investigations were suspected tax evasion, identified a

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number of leads relevant to a major insider trading operation,

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identified nine potential additional enablers of economic crime or who

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had links to known criminals. Placed 43 high net worth individuals under

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a special review was there are links to Panama were further investigated.

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Established links to eight active Serious Fraud Office investigations,

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identified 26 offshore companies whose beneficial ownership of UK

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property was previously concealed and whose financial activity had

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been identified to the National crime agency as potentially

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suspicious. And in addition to pursuing these individuals and other

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leads on insider trading and sanctions and number of individuals

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had come forwards to settle forwards to set other affairs before action

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was taken against them. All the law enforcement activity I have just

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listed is the result in just six months of bringing can transparency

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to the files of just one legal firm in just one country. It gives an

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indication of the huge extent of the illicit activity and eliminates the

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rationale behind the measures in this very welcome bill. I would in

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passing with great respect asked those noble Lords who oppose public

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registers if they feel that bringing that number of people to justice is

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not worth doing are whether they have a proposal other than

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transparency for achieving that end. And though to delay government

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amendment eight which the Minister has just spoken so eloquently is a

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step forward in trying to curb the criminal activity at tax evasion and

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laundering of corruptly gained a well illustrated by the work of the

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Panama papers task force. It is very welcome them and makes it clear the

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overseas territories to keep good and accurate information. Let us

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remember that half of the companies exposed by the Panama papers were

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incorporated in the British Virgin Islands. Amendment number 14 goes

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further than the government amendment. In relation to the

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overseas territories it aims to bring transparency to their

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financial operations by allowing public access to registers are

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beneficial ownership and I note that Montserrat has already agreed to

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establish such a public register. This amendment would put a timetable

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anyplace for the British Overseas Territories to have public

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registers. It would require the government to give all the

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reasonable assistance possible to the overseas territories to help

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with this. If they had not been made public by the end of 2019 the

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amendment requires public registers should be brought in by a council.

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At committee stage the noble lady the Minister made it clear she could

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not accept the amendment but in doing so she did not use the

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argument that has been raised so frequently in discussions of this

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matter the argument that requiring the overseas territories to have

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public registers whilst other offshore centres maintain their

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secrecy puts them at a competitive disadvantage so that in the

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evocative words used in committee by the noble Lord Lord Hodgson the

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malfeasance will drift away to still mark year regimes. I welcome very

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much the noble lady 's rejection of that line of argument. She said the

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overseas territories and I quote may face competitive disadvantage in the

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short term but in the long term the transparent and open way in which

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the territories tend to work and we with them will be to their

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advantage. At the committee stage the noble ladies main reason for

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rejecting the amendment was that there would be a constitutional

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problem in accepting it and she repeated that today. I have been

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sent many documents on this subject since committee stage which I have

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studied carefully and they make it clear that ultimately the UK

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Parliament could legislate. I am sure there is wide agreement.

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Finally could I remind the noble lady the Minister of what she said

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at committee, for the purposes of international law the overseas

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territories are British. And that Britishness is significant. In my

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various discussions it has become clear to me that the attraction of

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the financial services in the overseas territories is primarily

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related to the British identity, the language, the access to a common-law

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legal system, final recourse to the Privy Council and the appeal as it

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is seen of the union jack. It is worth repeating what the noble Lord

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said at committee, he said it is fair to ask those jurisdictions that

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while their economy and defence depend on the stability and

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integrity of the United Kingdom they should also be expected to follow

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the same rules of business and investment that we follow here. We

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in the United Kingdom have a public register, it may not be perfect I am

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sure the noble Lord would agree with me on that. But it is our policy, we

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have one because we believe it is right and because it helps to

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prevent serious crime I hope that by tabling this amendment we have made

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it clear that we in the United Kingdom understand the huge impact

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that secret offshore financial services can have on the poor

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countries of the world, on good governance, democracy and security.

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We understand the overseas territories are the United Kingdom

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responsibility and we hope very much that transparency of their financial

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operations will come sooner rather than later. Finally can I thank the

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noble lady the Minister for the way she has carried this hugely

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important bill through the house and for her support and helpfulness at

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all times. Can I just intervene for a short time because as one of the

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cigarette trees on amendment 14 and indeed its predecessor which we

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looked out at committee stage I want to first of all thank and

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congratulate the noble ladies bull lady for her amazing vigour and

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courage and indeed our intuition in pursuing this matter which is so

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important. I remember that when I spoke in committee I made it very

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clear from the beginning that first of all this is important still, the

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government does indeed deserve enormous praise for the work it has

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done both here in the UK and also internationally to tackle

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corruption, tax evasion and avoidance. That is something I would

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like to credit also to the previous government because one of the

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reasons I have been interested in this matter is because I have

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followed the Right Honourable David Cameron's lead when in fact he put

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this issue very much at the front of the agenda in the 2013 G8 summit.

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Subsequently of course it has been referred to already in an earlier

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discussion that the anti-corruption summit which took place in May last

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year. He did not refer of course and others did not fair just to global

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standards. Indeed one of my noble friend the Minister 's responses at

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committee stage was to talk about awaiting global standards before any

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pressure was placed on overseas territories to comply with the

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public register. The former Prime Minister referred to the gold

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standard which the United Kingdom its self was very much in the

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vanguard of. And this was accepted and understood and it left this

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country as it is now in an enormously advantageous position in

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dealing with other countries as we go forward into the future. Can I

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just also say that I for my sins was one of those involved in the

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drafting of the fourth anti-money-laundering directive. I

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think whenever I meet my friends they always induce me as an expert

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on money-laundering. I do not like that description but undoubtedly we

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are looking in this legislation which is an enormously important

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piece of legislation, at the way in which we respond to the requirements

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under that fourth money-laundering directive as well. I still maintain

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that the amendment which I have co-signed is the best way forward

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but what I would also like to do now is to pay tribute to the noble lady

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the Minister for the way in which she has listened to the concerns of

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those who held our views. She has listened carefully during the

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committee stage and not just listened, then I think our ministers

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listen and that's about it. She has in fact acted. And I therefore want

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to just revert quickly to the government amendment she has brought

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before us. I think the government amendment eight is an enormous

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stride forward. It is actually also I think giving us the ability which

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is so important to review the situation actively in two years'

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time where we can have reports to see how things are getting on with

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overseas territories and the introduction of public registers.

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She has also given us good news this evening about developments even

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since the committee stage and I think we should welcome that and we

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should thank the government for its interest in proceeding in that

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manner. I am still of the belief that we need to have a level playing

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field and we need to have agreement with our overseas territories which

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is at least compatible with and equivalent to the requirements

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replace in the domestic setting. It makes no sense not to have that. I

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realise the government's position on this and that they wish to proceed

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by consent. Of course we all agree that consent is always better than

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enforcement. I wish the government great success with this and if

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necessary and as we proceed I hope we will be getting regular updates

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and then in June course when the reports come inside back we will

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have the opportunity if necessary to return to this matter. But at the

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end of the day my Lord's this is a very, very important bill in so many

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other regards as well. So from my perspective I certainly would wish

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us to proceed to confirm this bill and to allow it to proceed from

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here. I have to declare an interest. I

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have served professionally and voluntarily in the development

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sphere in various non-governmental organisations including being

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director. To all of us involved in that work, the importance of this

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bill and I very much endorse that it is an important bill and the

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importance of the amendment that's just been moved cannot be over

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emphasised. Indeed I noticed the other day that the Prime Minister in

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saying within the Conservative election campaign, they are going to

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stand by their commitment of overseas aid emphasised that what

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was important was to make sure that the aid was being spent in the most

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effective way and not wasted. My Lord's, one of the things that is

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terribly important to recognise, in what is being proposed in this

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amendment, is that the people of too many developing countries have been

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robbed by their leaders and that existing arrangements enable their

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leaders to get away with it. If we're going to talk about the

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effective use of aid, it seems to me, that where we have the authority

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to take highly effective steps we should do it. Yes, of course, we

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must put on record that Britain has made great steps to provide world

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leadership in this sphere and it is leading the world already. That is

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why the remaining gaps are very ugly. I don't like to put it in

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these crude terms, but it always seems to me that either people have

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some reason for not implementing it immediately, what is proposed, or

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they don't. If they don't, let's do it. If they are going to find ways

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of delaying, having still to work out anningments and so on, this --

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arrangements and so on, this must raise suspicion that's arrangements

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are going to be made in other respects as well. From that stand

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point, I would simply like to say that with all my experience in this

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sphere, this is a crucially important matter. I congratulate the

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noble lady in having stood by her guns and those who have gone along

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with her in proposing the amendment and I do hope it will be taken

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seriously, because I really believe that they could be a very important

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consensus in this House if we are prepared to put ourselves on record.

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My Lord's I declare - Following the speech of my noble friend, I too

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shall wish to refer to Mr Cameron and the G8 summit. First of all, can

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I say that I think amendment eight is unnecessary, but it's harmless,

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so I shall support it. But amendment 14, in my opinion, is wrong and

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misguided for a number of reasons. First, we have no right neither

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legal or moral to seek to impose our rules on law abiding, self-governing

:24:36.:24:41.

British Overseas Territories. I hear some of those NGOs outside this

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House talking about our overseas territories then I'm appalled at

:24:48.:24:52.

their old style colonial arrogance. One notorious campaigner against

:24:53.:24:55.

so-called tax havens has suggested in his book that they should be

:24:56.:24:59.

closed down and the natives made to depend on overseas aid once again.

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He calls himself moral and he's one of the architects behind these

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proposals. I believe we have no moral right because the United

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Kingdom, my Lord's, creates more dodgy shell companies than some of

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the tightly regulated overseas territories and Crown dependencies.

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We need to come up to their standard, not the other way round.

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Second, we should not impose the public register rules because the

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rules themselves, as I shall explain, are rubbish. Not one single

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other country in the OECD is implementing this and have made

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clear they never, ever will. This public register was invented by my

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right honourable friend Mr Cameron in 2013 and no other country will

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touch it with a barge pole. The only reason he was so keen then to foist

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this system on the overseas territories was so that he could

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point to others, being in the same boat as himself, and did not look

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isolated. My Lord's, I was involved in the background at that time. I

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had a meeting with prominent NGOs prior to the G8 in 2013. I asked

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them, why are they not campaigning against the real tax havens of this

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world, Luxembourg, Mauritius etc. And why target the overseas

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territories? They responded that they had no chance of influencing

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policy in those tax havens, but Mr Cameron was so desperate for a win

:26:27.:26:32.

at the G8 that he and the overseas territories were an easy target. I

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should make it clear for the record, at that point, I was the director of

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the caiman islands office in London, I have no connection whatsoever

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financial or otherwise with the Cayman islands government now. I

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deeply admire the way the territory is run and the exceptional level of

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integrity they bring to financial services, greater than the United

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Kingdom. I shall attempt to justify that. Why do I say that our UK

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policy is farcical? Because it says that the way you get dodgy pensions

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setting up dodgy shell companies is through public registers so nosey

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parker NGOs can trawl through them. No you must stop them setting up

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dodgy companies in the first place. Jersey and Cayman are the top

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countries in the world with by far the tighter regulations and checks

:27:25.:27:27.

on people setting up dodgy shell companies. A few years ago, an

:27:28.:27:34.

Australian professionor and his -- professor and his team did a huge

:27:35.:27:41.

xarmt. They created e-mail addresses around the world from Islamabad,

:27:42.:27:45.

Nigeria and Moscow to London and New York and elsewhere. Many of the

:27:46.:27:49.

locations were highly reputable and others were places where you should

:27:50.:27:54.

hang onto your wallet if you got an e-mail from them they have ?10

:27:55.:27:59.

million to invest with you. The researchers sent messages to

:28:00.:28:02.

hundreds of service providers around the world. The messages varied from,

:28:03.:28:07.

we wish to establish an export base in your country, to messages from

:28:08.:28:11.

Pakistan addressing, saying we have a few million dollars and we want to

:28:12.:28:16.

set up companies in complete secrecy and want some fake bank accounts

:28:17.:28:21.

etc. What is astonishing, my Lord's, according to the Professor's

:28:22.:28:25.

research, whilst the majority of CSPs did not respond to the latter

:28:26.:28:29.

highly suspicious messages or told them to get lost, a very large

:28:30.:28:34.

number responded and were willing to help. The team invented a ratings

:28:35.:28:40.

system for the responses. Who came out top as the most difficult

:28:41.:28:44.

places, impossible places to set up fake shell companies, without

:28:45.:28:48.

supplying beneficial ownership information, yes, little old Cayman

:28:49.:28:56.

and jersey. I have the chart here. Who was at the bottom of the heap,

:28:57.:29:01.

where you could almost walk in with a suitcase full of terrorist cash

:29:02.:29:08.

and set up a company, no questions asks, not Panama, but individual

:29:09.:29:13.

states such as Delaware, Montana and Wyoming at the bottom of the chart.

:29:14.:29:17.

Two million new companies are created in the United States every

:29:18.:29:22.

single year. If you want to set up a dodgy shell company you go to the

:29:23.:29:26.

United States or rather you don't go, you go to the e-mail and do it

:29:27.:29:31.

in under half an hour for under $300. These states, individual

:29:32.:29:35.

states have said gladly they don't care what the president signs up to

:29:36.:29:40.

at federal level. They're in charge of company registrations in their

:29:41.:29:44.

states and they will never, in a million years, go for public

:29:45.:29:48.

register or sell tral registers and they will not go for any more

:29:49.:29:52.

scrutiny before they set up companies. Where does the United

:29:53.:29:57.

Kingdom come into this? Unfortunately, guess who was 13th,

:29:58.:30:02.

at the bottom of the heap? Under Vietnam, under Panama, and under the

:30:03.:30:07.

Ukraine, yes, my Lord's, the United Kingdom was 13th from the bottom on

:30:08.:30:11.

creating dodgy shell companies. Because we do it with insufficient

:30:12.:30:15.

verification of the beneficial owners. Clobbering Cayman and

:30:16.:30:24.

Bermuda with rules, which only they would follow, is misguided and

:30:25.:30:29.

foolish. We don't - I agree with my noble friend, we do not make the

:30:30.:30:33.

world a better or more transparent place by hitting the good guys,

:30:34.:30:38.

encouraging the bad and letting all the Mugabes of this world go to the

:30:39.:30:43.

real tax havens to set up accounts. Neither does the OECD asked for the

:30:44.:30:48.

public registers. They merely wants all legitimate authorities to get

:30:49.:30:51.

speedy access to the relevant information so that the police,

:30:52.:30:54.

Security Services and financial regulators can check the legality of

:30:55.:30:59.

owners and their transactions. That's the point of access to

:31:00.:31:04.

beneficial information. I know that the Caiman islands has been

:31:05.:31:08.

providing that information without any objection whatsoever for the

:31:09.:31:11.

last ten years. They now have implemented a system to give that

:31:12.:31:16.

information to legitimate authorities within 24 hours, seven

:31:17.:31:20.

days a week. Now my Lord's, that is a far better system than publishing

:31:21.:31:26.

registers. It is perfectly legitimate for individuals, many

:31:27.:31:29.

individuals, for people to create companies and seek to keep the

:31:30.:31:33.

information ownership private. There is no right for the public or for

:31:34.:31:39.

anti-capitalist NGOs to know who owns private companies. But there is

:31:40.:31:44.

a need for legitimate law enforcement authorities to get

:31:45.:31:49.

speedy access to that information. The overseas territories are at the

:31:50.:31:55.

forefront of providing it. What is more, I know that information which

:31:56.:32:00.

will be provided by the islands for example, will be verified by the

:32:01.:32:04.

authorities as opposed to what will be supplied by Companies House,

:32:05.:32:08.

which does not verify the accuracy of anything. It is left to

:32:09.:32:12.

individuals to say to Companies House, I promise I'm telling the

:32:13.:32:16.

truth. The overseas territories don't accept that. All I ask of my

:32:17.:32:21.

noble friend is this: Will my noble friend, the minister, give me an

:32:22.:32:25.

assurance that in due course, the UK Government will now make an attempt

:32:26.:32:30.

to get a beneficial ownership information in Companies House as up

:32:31.:32:34.

to scratch and as good as the best of the OTs. Our overseas

:32:35.:32:41.

territorieses should be lauded not criticised. For these reasons I

:32:42.:32:45.

oppose amendment 14 and believe it should be rejected. My Lord's I

:32:46.:32:50.

declare an interest as former chairman of the Justice Committee in

:32:51.:32:53.

the House of Commons where we sought to clarify and underline the

:32:54.:32:57.

constitutional relationship. That probably explains while I generally

:32:58.:33:01.

support the amendment number eight, I have some doubts as to whether its

:33:02.:33:08.

desirable to have includes the overseas territories and Crown

:33:09.:33:12.

dependencies in the same amendment when they're constitutionally very

:33:13.:33:15.

different. Of course, the amendment as it is framed doesn't claim to

:33:16.:33:19.

place any requirements on the jurisdiction to which it refers. It

:33:20.:33:23.

simply requires UK ministers to report to the UK Parliament on how

:33:24.:33:28.

it's all going, which is obviously a good thing. Something we very much

:33:29.:33:32.

welcome. Parliament needs to know about the effectiveness of

:33:33.:33:35.

information sharing, of course, it needs to know not only in respect of

:33:36.:33:41.

the overseas territories or Crown dependencies but in respect of all

:33:42.:33:46.

the jurisdictions to which business already is carried out or to which

:33:47.:33:50.

it might transfer as a result of the steadily improving regulation in

:33:51.:33:53.

some of the territories that have been referred to in this debate. A

:33:54.:33:59.

lot of the public concern rises from two things, one mentioned by the

:34:00.:34:03.

noble Lord, the appalling record of corruption in many developing

:34:04.:34:07.

countries. But secondly, from the revelation of much of that in the

:34:08.:34:15.

Panama papers. When the noble lady, who deserves credit and tribute for

:34:16.:34:20.

her campaigning on this issue, when she referred to the number of

:34:21.:34:24.

proceedings considered or starting, many of those arise - and would not

:34:25.:34:28.

arise really from inadequate public registers. They arise from the

:34:29.:34:33.

useful publication of a great deal of nfrgs from one law firm. As it

:34:34.:34:40.

happens the biggest law firm in Panama, both of whose named partners

:34:41.:34:45.

are currently in detention in relation to matters in Brazil. That

:34:46.:34:51.

notorious partnership created many, many thousands of shell companies,

:34:52.:34:55.

did not know and did not really seek to know the beneficial ownership of

:34:56.:34:59.

the clients for whom it was doing this.

:35:00.:35:06.

It took place in Panama and many other jurisdictions, not just

:35:07.:35:14.

British Overseas Territories but for example at least one territory

:35:15.:35:17.

associated with the Netherlands as well. This was a massive operation

:35:18.:35:21.

stretching to Singapore and many other places. In Panama and has been

:35:22.:35:28.

significant improvement in both the criminal law and requirements of due

:35:29.:35:35.

diligence, which will offer have two comply with. I think that situation

:35:36.:35:44.

will change quite strikingly in that particular country and jurisdiction

:35:45.:35:48.

but much of this business may have transferred to Nevada, Delaware or

:35:49.:35:52.

Singapore and this will need to report to Parliament on how

:35:53.:35:57.

effective is the access of law enforcement and tax agencies to

:35:58.:36:02.

jurisdictions? To serve its purpose jurisdictions? To serve its purpose

:36:03.:36:06.

of course the information shared has to be reliable, up-to-date and that

:36:07.:36:15.

is the priority. The UK itself has work to do at home as several noble

:36:16.:36:19.

Lords pointed out. If it is to match what is already done for an example,

:36:20.:36:25.

Jersey. There are real benefits to be had from publicly accountable

:36:26.:36:29.

registers such as Harper poured the amendment particularly in tackling

:36:30.:36:35.

the corruption by national leaders which would not otherwise come to

:36:36.:36:43.

life but my worry is unless this does become a much more widespread

:36:44.:36:48.

practice there will be many, many jurisdictions in which they can

:36:49.:36:52.

engage in these activities. I think the phrase gold standard is an

:36:53.:36:56.

unfortunate one because that is something we went off in

:36:57.:36:59.

circumstances we realised we had to do so solid to find a different

:37:00.:37:16.

analogy let's recognise the priority is to get law enforcement and those

:37:17.:37:26.

of other countries accessed information which is reliable

:37:27.:37:37.

up-to-date unverified. I was chief executive of a class one major

:37:38.:37:41.

reinsurer in Bermuda for a number of years and have wide experience of

:37:42.:37:46.

financial services in that country. And generally. I would pay tribute

:37:47.:37:51.

to the noble Baroness the Minister and also Baroness Dearne in their

:37:52.:37:56.

respective ways I am afraid I can page a beauty Baroness Dearne but I

:37:57.:37:59.

disagree with her fundamentally and while I feel the catalogue of

:38:00.:38:07.

problems she mentioned is terrible, worrying, vile and awful I'm afraid

:38:08.:38:11.

to say amendment 14 is not a good way of addressing the issue and she

:38:12.:38:15.

challenged me to try to provide a better way and I will in the course

:38:16.:38:22.

of my remarks. I should say that people don't quite often understand

:38:23.:38:25.

how big a jet restriction Bermuda is. It overtook London as a centre

:38:26.:38:35.

of reassurance in 2004, London remains number two in the world. No

:38:36.:38:39.

major insurer in this country would be able to trade without the

:38:40.:38:43.

reinsurance it purchases from Bermuda. The amount of money and

:38:44.:38:48.

capital and sophistication in Bermuda is enormous. The BMA, the

:38:49.:38:55.

chief regulator is an extremely professional and very tough

:38:56.:39:00.

regulator indeed. I should say that Bermuda was not responsible for even

:39:01.:39:04.

one of the revelations in the Panama papers and is a very clean

:39:05.:39:09.

jurisdiction and therefore I think it's particularly an fair they are

:39:10.:39:14.

named in this thing. I have four particular points, two of which are

:39:15.:39:19.

very quick to say, firstly the general point of interference by

:39:20.:39:23.

Westminster in the affairs of these self-governing regimes and I agree

:39:24.:39:30.

with the Minister. The second is a general point about just shifting

:39:31.:39:34.

the problem to another jurisdiction. I absolutely agree that shifting a

:39:35.:39:37.

bad thing is a good thing in many ways but shifting a good company is

:39:38.:39:44.

a bad thing because you are simply damaging the jurisdiction and there

:39:45.:39:47.

are many good companies involved and would explain later on in a second

:39:48.:39:52.

wireless amendment would have the effect of shifting good companies

:39:53.:39:55.

and I think it would be very wrong for to impose damage on our loyal

:39:56.:40:00.

overseas territories and possessions. The three things I am

:40:01.:40:06.

moving onto my third point now, the three things which control and look

:40:07.:40:14.

at naughtiness in financial services are the tax authorities, the police

:40:15.:40:18.

authorities and the regulators. As a chief executive of a big company of

:40:19.:40:23.

course one is worried by tax authorities and policeman but the

:40:24.:40:26.

person who can walk into your office and stop you trading immediately is

:40:27.:40:31.

the regulator, he has the most power and is the toughest and I regret

:40:32.:40:36.

that in the many we have the power of the regulators has not been

:40:37.:40:41.

discussed. Or indeed how close they are to what is going on. It's not

:40:42.:40:46.

possible for one of these shell companies to be set up without a

:40:47.:40:49.

regulator being involved because that company will require a bank

:40:50.:40:54.

account. The bank is a heavily regulated thing. If it does not

:40:55.:40:57.

require up bank account it will require a font manager and that is

:40:58.:41:03.

heavily regulated. As a person who would be running the support

:41:04.:41:06.

business in these type of environment there is no way any high

:41:07.:41:09.

integrity environment like Bermuda that you would allow someone one bad

:41:10.:41:17.

cloud to come in and kill off the whole business. You would be very

:41:18.:41:26.

careful to make sure what happens. You are of course afraid of tax and

:41:27.:41:30.

police authorities and are more than willing to give any information

:41:31.:41:33.

which will protect your business because no one client is worth it,

:41:34.:41:40.

your business is your business, your staff are your staff and that is how

:41:41.:41:49.

everyone feels. A sub point here is that in our society we rely on the

:41:50.:41:55.

forces of law enforcement to deal with naughtiness on our behalf. We

:41:56.:42:01.

don't have vigilante posse is running around trying to do things

:42:02.:42:05.

and I do worry that it would be the case that if everything was public

:42:06.:42:11.

available that people would see themselves suddenly as being

:42:12.:42:15.

promoted into some sort of enforcement environment. I think

:42:16.:42:19.

that is wrong, we should leave these things to the professionals, the tax

:42:20.:42:23.

authorities and police authorities and the regulators and trust them.

:42:24.:42:27.

If they do not do a good enough job we should bash them. We should not

:42:28.:42:33.

allow vigilante posse is. I moved to my fourth and in fact I think most

:42:34.:42:37.

worrying point for me, which I have mentioned before, the other thing

:42:38.:42:46.

that who I work for for so long did was look after the possessions of

:42:47.:42:52.

well off people all over the world. And it's also the leading insurer of

:42:53.:42:56.

kidnap and ransom throughout the world. Indeed during my time we

:42:57.:43:02.

logged 40,000 man days of kidnap problem around the world. It had a

:43:03.:43:10.

market share more than 50%. I think we understand what the issue is. We

:43:11.:43:15.

are lucky in this country to live in an environment where we are safe and

:43:16.:43:19.

secure. I will lock on the night and think nothing of it, I can get in a

:43:20.:43:23.

smart car and think nothing of it. That is not the case in countries

:43:24.:43:28.

like Mexico. In Mexico you cannot keep your company in a local bank,

:43:29.:43:34.

in quite a lot of countries you need to go to these offshore environments

:43:35.:43:38.

and you are a good client because you're someone who has earned your

:43:39.:43:43.

money. A perfect client was someone who owned a beer factory in Mexico

:43:44.:43:48.

or something because you knew they were straight and honest and made

:43:49.:43:51.

their money, you could see how they made it and they were very

:43:52.:43:59.

frightened and the thing we advised them is to keep quiet about it.

:44:00.:44:05.

Discretion because that's the chief weapon that. Nastiness going on.

:44:06.:44:09.

When the nastiness happens it does not really happen to the guy running

:44:10.:44:13.

the beer factory it happens to the daughter and it happens in a nasty

:44:14.:44:20.

way and so I do worry that the effect of this sort of thinking

:44:21.:44:24.

without a proper impact assessment being sorted out and thought about

:44:25.:44:30.

carefully could be we would be sentencing some people to physical

:44:31.:44:34.

harm, to the invasion of homes of people who have made their money

:44:35.:44:40.

honestly and I say in vanishing, of course I do not want this

:44:41.:44:44.

naughtiness to go on but I do feel strongly that amendment 14 is not

:44:45.:44:48.

the way to go about it. That we should rely on police authorities,

:44:49.:44:53.

tax authorities and regulators to do it for us and we should look

:44:54.:44:56.

carefully at their performance in all of these countries and carry on

:44:57.:45:01.

doing as the government has been doing so successfully to get

:45:02.:45:03.

incremental improvement and this house should make sure we carry on

:45:04.:45:09.

pushing the government towards incremental improvement but can I

:45:10.:45:14.

please with the house not to support amendment 14. My Lords may I first

:45:15.:45:20.

declare an interest as I am the chairman of the Jersey financial

:45:21.:45:25.

services commission and therefore the person responsible for the

:45:26.:45:29.

beneficial ownership register in Jersey. The question addressed in

:45:30.:45:38.

amendment 14 of the public availability, public accessibility

:45:39.:45:41.

to register is beneficial ownerships is not a question for me and I will

:45:42.:45:48.

not address the value or not of making a register public. That's a

:45:49.:45:54.

political issue. The regulator in Jersey is independent and I

:45:55.:45:57.

therefore have no role in those political decisions. What I am

:45:58.:46:02.

concerned about is whether a register of beneficial ownership is

:46:03.:46:10.

and therefore a useful. There has been reference by a number of

:46:11.:46:16.

speakers to the public availability of the register of beneficial

:46:17.:46:20.

ownership here in the UK. Essentially the companies house

:46:21.:46:26.

register. As I pointed out in my speech in committee, that register

:46:27.:46:30.

is not a useful register, since it is not verified and because it is

:46:31.:46:37.

not verified the information in it can be seriously misleading. And

:46:38.:46:43.

indeed because it is not verified the people in developing countries

:46:44.:46:46.

or in the civil society as a whole are on their own with respect to

:46:47.:46:53.

attempting to identify wrongdoing through the structure of the

:46:54.:46:59.

register. The register doesn't do the job. Regrettably the UK is not a

:47:00.:47:04.

leader in providing verified accurate information about

:47:05.:47:12.

beneficial ownership. Now the two issues I want to address with

:47:13.:47:17.

respect to the amendments are first of all with respect to amendment 14

:47:18.:47:22.

what I have just said will make clear why I regard it as seriously

:47:23.:47:27.

defective in not including the word verified. The characterisation of

:47:28.:47:38.

the information in this section, subsection four says a publicly

:47:39.:47:42.

ownership of information a covenant ownership of information a covenant

:47:43.:47:45.

that in the companies act and the word verified does not appear.

:47:46.:47:49.

Therefore this information can be inaccurate, it can be misleading,

:47:50.:47:55.

nobody is required here to check that information. Now the second

:47:56.:48:04.

point I wish to go back to, the noble lady the Minister's amendment

:48:05.:48:08.

number eight, which has not been discussed very much up until now

:48:09.:48:14.

where it says that the, not only will relevant territories provide

:48:15.:48:21.

information to the UK and we all have a report on how that

:48:22.:48:25.

information is provided, but it also says the UK will provide beneficial

:48:26.:48:30.

ownership information to the relevant territories and I presume

:48:31.:48:34.

that includes my registry in Jersey. So I would like to know what

:48:35.:48:40.

information is going to be provided. If it's the companies house

:48:41.:48:45.

information do not bother. If it's some verified information then I

:48:46.:48:48.

will be very pleased to receive it. So I would be grateful if when the

:48:49.:48:55.

minister sums up she would tell us exactly what information is going to

:48:56.:49:00.

be provided by the UK and whether this is going to be verified and if

:49:01.:49:06.

so by what authority will it be verified? Because only if we have

:49:07.:49:11.

accurate information are the goals that those who have moved amendment

:49:12.:49:21.

number 40, the objectives of achieving the revelation of

:49:22.:49:30.

wrongdoing only is that then achieved if information is not

:49:31.:49:36.

verified that goal is not achieved so I do think amendment 14 I would

:49:37.:49:46.

summing out will tell me what sort summing out will tell me what sort

:49:47.:49:49.

of information and by whom it will be verified provided to the UK to my

:49:50.:49:58.

register in Jersey. Wishes the United Kingdom to be ahead of the

:49:59.:50:06.

curve and in relation to amendment number eight I think she's

:50:07.:50:10.

absolutely right if she is saying that the corporation on beneficial

:50:11.:50:15.

ownership information in order to remove tax evasion or deal with tax

:50:16.:50:20.

evasion, stamping out corruption, money laundering and terrorist

:50:21.:50:25.

finance is that if that is the objective then it's to be welcomed

:50:26.:50:30.

and it is welcomed as far as I can see by those in the overseas

:50:31.:50:35.

territories. Of course what will come from this particular amendment

:50:36.:50:40.

which I will come back to in a minute is the overseas territories

:50:41.:50:46.

have as I understand it committed themselves to provide real-time

:50:47.:50:51.

24-hour information in response to requests from the Lord authorities

:50:52.:50:52.

in the United Kingdom 's. this area of challenge. I too have

:50:53.:51:04.

concern over some of the detail of this particular clause. It is

:51:05.:51:09.

unfortunate that a clause of this importance is appearing on the order

:51:10.:51:14.

paper so late in the process. Of course, I recognise my noble friend

:51:15.:51:18.

on the frontbenches is in some difficulty in that this is a really

:51:19.:51:22.

major bill and here we are at the 11th having to lock at an amendment

:51:23.:51:27.

which is absolutely vital. So, one has to have some allowance for that.

:51:28.:51:34.

But I share the view of the Lord in exactly what information is going to

:51:35.:51:38.

come from the UK and who on earth is verifying that information. I think

:51:39.:51:43.

the overseas territories have every right to be told exactly what this

:51:44.:51:47.

information is and how it has been verified. I add to that, there seems

:51:48.:51:56.

to be a great rush to have this work that's done over the next period of

:51:57.:52:00.

time and it's all going to be based on one year's experience. This is

:52:01.:52:06.

such a major step forward, that I wonder whether 12 months, with some

:52:07.:52:09.

of them we heard this evening from my noble friend, the Turks and

:52:10.:52:13.

Caicos are hoping to get started soon. Well, I think one year is

:52:14.:52:19.

asking an awful lot and not many statisticians would work on the

:52:20.:52:24.

basis of one year's information. Nevertheless, we are where we are. I

:52:25.:52:30.

have one other concern, that is on section number two. It says and I

:52:31.:52:37.

quote, "The report must include an assessment of the effectiveness of

:52:38.:52:41.

those arrangements having wrard to such international standards as

:52:42.:52:46.

appear to be relevant, as appear to the relevant minister to be

:52:47.:52:50.

relevant." We don't know who the minister is or may be in the next

:52:51.:52:57.

Government. Nor do we know what the international standards are that are

:52:58.:53:01.

to be used. I suggest to my noble friend and I don't blame them for

:53:02.:53:05.

this, but when the report comes forward, we shall want to have great

:53:06.:53:10.

clarity on what international standards are being used and whether

:53:11.:53:15.

they're being consistently used in the analysis of the implementation

:53:16.:53:21.

that flows from clause eight. I return to the basic point that there

:53:22.:53:27.

must be great joy, I think, both in the overseas territories and the law

:53:28.:53:31.

enforcement agencies in the United Kingdom at what they are going to

:53:32.:53:34.

get now really is a first-class get now really is a first-class

:53:35.:53:38.

service which ought to have a major impact on the areas that I've

:53:39.:53:45.

described. My Lord's, I've had the privilege of working overseas in

:53:46.:53:50.

Pakistan, India, Sri Lanka. I spent part of my National Service in

:53:51.:53:56.

Canada. Certainly when I was in commerce with the overseas group,

:53:57.:54:01.

one of the bug bears of international trade, I'm now talking

:54:02.:54:04.

several decades ago, but it hasn't changed I'm afraid, is that it isn't

:54:05.:54:11.

a level playing field. Here we are, approaching Brexit, we are hoping to

:54:12.:54:15.

trade internationally. The tragedy of the situation is that somehow or

:54:16.:54:21.

other we've never managed, the United Kingdom nor other countries

:54:22.:54:26.

have managed to sper suede, have we managed to persuade the United

:54:27.:54:30.

States, Hong Kong and Singapore even to have a central, non-public

:54:31.:54:34.

register? We haven't got even that far. Even on the basis of what we're

:54:35.:54:40.

doing now, we are having rivals and make no mistake about it, most of

:54:41.:54:44.

our overseas territories are in the Caribbean. Their main competitor is

:54:45.:54:51.

the United States. They do not even have a central beneficial ownership

:54:52.:54:57.

register. Not only will they lose business, if we go too far, but the

:54:58.:55:03.

other parties, particularly the States, Singapore and Hong Kong, if

:55:04.:55:10.

they take business from our overseas territories, net result will be that

:55:11.:55:15.

whereas we're getting information out of our overseas territories, if

:55:16.:55:19.

the business goes elsewhere, then the cooperation that the UK gets

:55:20.:55:23.

from its overseas territories, which is good and is going to be even

:55:24.:55:28.

better, will be totally undermind and we won't get any information,

:55:29.:55:31.

frankly, from the United States, Hong Kong or Singapore. Finally,

:55:32.:55:38.

when you come to amendment 14, it keeps re-appearing, I certainly

:55:39.:55:41.

don't think Her Majesty's Government is committed to producing anything

:55:42.:55:47.

on a public register at the end of the review on beneficial ownership.

:55:48.:55:52.

The review on beneficial ownership should be solely on that. There may

:55:53.:55:58.

need to be further amendments or extensions of that situation. I just

:55:59.:56:03.

do remind your Lordships that the law enforcement agencies do not

:56:04.:56:07.

support public registers, the tax authorities do not support public

:56:08.:56:13.

registers, UK intelligent law enforcement is a key part of our

:56:14.:56:18.

foreign policy. We look for cooperation from our friendly

:56:19.:56:22.

countries across the world. That will be jeopardised still further if

:56:23.:56:26.

there are these public registers. I say to my noble friend on the

:56:27.:56:29.

frontbench, I support very much what she's done with this bill. I support

:56:30.:56:34.

the way she's pushed forward this progress with the overseas

:56:35.:56:38.

territories, but let's be quite clear, beneficial ownership is one

:56:39.:56:43.

thing and very important. Public registers, in my view, are totally

:56:44.:56:48.

out of call. I rise briefly to support the Government amendment

:56:49.:56:52.

number eight. In so doing, to apologise to the House for the fact

:56:53.:56:58.

that I haven't been here for earlier proceedings, because amongst other

:56:59.:57:01.

things, I have been visiting one of the overseas territories, Gibraltar,

:57:02.:57:05.

where I'm Chancellor of the new university there. And of course, as

:57:06.:57:10.

a former governor of Gibraltar, I'm probably the only person in the

:57:11.:57:11.

chamber who has been a governor of chamber who has been a governor of

:57:12.:57:16.

an overseas territory and I thought I ought to say something on this

:57:17.:57:23.

very important debate. I think that my noble friend, the Baroness, and

:57:24.:57:28.

all those who have added their name to that amendment, they've done a

:57:29.:57:30.

service to the House, in ensuring that we debate this vital issue of

:57:31.:57:37.

standards, of regulations in overseas territories. After all, at

:57:38.:57:43.

the end of the day, it is our Government, it is ultimately

:57:44.:57:47.

accountable to Parliament for the performance in our overseas

:57:48.:57:52.

territories. Therefore, we must, the Government must satisfy themselves

:57:53.:57:57.

that the standards both in this country as well as in overseas

:57:58.:58:03.

territories are to the standards required by OECD and elsewhere. I

:58:04.:58:11.

congratulate my noble friend on the leadership that she's shown in

:58:12.:58:16.

ensuring that we debate this issue. But there is a very delicate balance

:58:17.:58:22.

to be struck. I think the House understands this in listening to

:58:23.:58:28.

this debate. Of course, we are now in a non-colonial era. I remember

:58:29.:58:35.

when I became governor of Gibraltar, Robin cook, very soon after became

:58:36.:58:39.

Foreign Secretary, two or three months later. One of the first

:58:40.:58:43.

things he did, I think very sensibly, was to drop the term

:58:44.:58:48.

territories and to now have the territories and to now have the

:58:49.:58:54.

present name title that we use which is British overseas territories. We

:58:55.:59:01.

have to approach these issues in a very non-paternalistic, non-colonial

:59:02.:59:05.

fashion. That, to my mind, is absolutely essential. The danger is,

:59:06.:59:10.

with devolved powers that we have, quite rightly in my view, in these

:59:11.:59:20.

overseas territories, if we try to impose in a paternalistic fashion

:59:21.:59:25.

our views and policies upon them, we will be doing a great disservice.

:59:26.:59:30.

That is something that we want to avoid above all in having to impose

:59:31.:59:34.

direct rule, which could be the implication. At the same time, we've

:59:35.:59:43.

got to ensure that there is a level playing field, which includes us as

:59:44.:59:47.

well, and in making progress on this, that we don't do it at the

:59:48.:59:52.

expense of the overseas territories. My Lord's, I think the Government

:59:53.:00:03.

responding to the amendment, in this responding to the amendment, in this

:00:04.:00:06.

amendment number eight. Because it provides a framework in which we can

:00:07.:00:11.

move forward in negotiation, in dialogue with the overseas

:00:12.:00:14.

territories in the next two or three years to try and move the whole

:00:15.:00:20.

issue forward. Many of the overseas territories we've already heard

:00:21.:00:24.

today, have made good progress. I congratulate the Government on this

:00:25.:00:27.

and support their amendment strongly.

:00:28.:00:35.

My Lord's, I'd like to support very much the noble Lord, what he has

:00:36.:00:40.

just said, and associate myself respectfully with what he has said.

:00:41.:00:45.

I strongly support amendment eight, if I may put it this way. I think

:00:46.:00:50.

the Government and particularly the noble lady, the minister, has been

:00:51.:00:54.

extremely shrewd in taking the sting of the points that have been raised

:00:55.:00:59.

by the noble lady Stern, who has very wisely brought these issues to

:01:00.:01:04.

Parliament, to this House, but also, the Government has picked it up and

:01:05.:01:09.

produced what seems to me to be the right approach to dealing with the

:01:10.:01:14.

overseas territories. It provides a useful nudge to those overseas

:01:15.:01:18.

territories. The Government is looking at what they're doing

:01:19.:01:23.

without imposing what is unacceptable upon these independent

:01:24.:01:26.

countries with their own constitutions and their own

:01:27.:01:32.

parliaments. I do not agree with amendment 14. I was at the meeting

:01:33.:01:40.

this morning, where a number of the overseas territories explained to

:01:41.:01:43.

those of us would were there what they were doing. As you've already

:01:44.:01:48.

heard about Bermuda and the Cayman Islands, we did hear this morning,

:01:49.:01:53.

but we heard from the British Virgin Islands, who are doing very good

:01:54.:02:05.

work. We heard from Anguila. We heard about the Turks and Caicos

:02:06.:02:14.

islands. The areas which are contained within the amendment 14

:02:15.:02:18.

are already on the way, if not indeed ahead of us, some of them.

:02:19.:02:22.

It's not necessary that they should be referred to specifically in this

:02:23.:02:27.

particular amendment. I don't want to hold up everybody. I support

:02:28.:02:30.

amendment eight. I don't think amendment 14 now is really

:02:31.:02:36.

necessary. I would like to speak briefly to an

:02:37.:02:47.

amendment which is in my name, Lord Hodgson. It's amendment 24. It

:02:48.:02:51.

concerns the setting up of a public register of beneficial ownership of

:02:52.:02:57.

UK property by companies and other legalents registered -- legal

:02:58.:03:00.

entities registered outside the United Kingdom. Those are the words

:03:01.:03:03.

or more or less the words that are the subject of a call for evidence

:03:04.:03:07.

issued by the department of business, energy and industrial

:03:08.:03:12.

strategy in April of this year. I don't know, but I assume that the

:03:13.:03:17.

Home Office did a great deal to bring forward the publication of

:03:18.:03:22.

this report, in the light of the debates that took place at committee

:03:23.:03:27.

stage about the concern that was generally expressed about corruption

:03:28.:03:32.

and the acquisition of property in Central London by overseas

:03:33.:03:37.

companies, who hid behind anonymity. The establishment of a public

:03:38.:03:41.

register was indeed a commitment made by the Government. Why do we

:03:42.:03:46.

need a register of this sort? I can do no better than quote briefly from

:03:47.:03:50.

the call for evidence. The Government is concerned about the

:03:51.:03:54.

potential for illegal activity to take place through overseas

:03:55.:03:57.

companies investing in the property sector. Some properties are owned

:03:58.:04:01.

through offshore companies in order to obscure their true owners. This

:04:02.:04:05.

can make it difficult for regulators, legitimate businesses

:04:06.:04:08.

and the general public to know who the true owners are and can make it

:04:09.:04:11.

very difficult for law enforcement agencies to carry out effective

:04:12.:04:19.

investigations. The document goes on to say greater transparency of

:04:20.:04:25.

property ownership will make the job easier. It's made quite clear that

:04:26.:04:31.

the Government intends to introduce a register of beneficial owners of

:04:32.:04:34.

overseas companies. But since it's a call for evidence, it doesn't seek

:04:35.:04:38.

to prescribe precisely what the nature this afternoon register

:04:39.:04:43.

should be and it calls for advice and information to assist it

:04:44.:04:47.

formulating the register. It might well be influenced by what the noble

:04:48.:04:52.

Lord said about verification in order to make any such register

:04:53.:04:58.

particularly useful. The amendment in the name of, in my name, simply

:04:59.:05:03.

asks the Government to do this and make it a part of the bill. If we

:05:04.:05:09.

don't, there's a real feeling that there will not be legislative time

:05:10.:05:13.

even in the Parliament that we have, potentially starting in June. I ask

:05:14.:05:19.

my noble friend, the minister, to reassure us that this register will

:05:20.:05:24.

be set up and be done in short order.

:05:25.:05:33.

I apologise for rising at this late hour, the Minister knows I would

:05:34.:05:39.

like to thank the Minister for her attendance at the meeting this

:05:40.:05:44.

morning, very productive. I admitted then I had not seen the government

:05:45.:05:48.

amendment number eight and now that I have read it I think in fairness

:05:49.:05:56.

to the baroness, I know people have said it is very welcome, it's

:05:57.:06:00.

actually quite disappointing for the aid organisations who have been

:06:01.:06:03.

campaigning so I thought perhaps that should be on record. I think

:06:04.:06:09.

it's really a restatement of government policy as it is already

:06:10.:06:14.

and it's not a compromise in that sense. I would prefer to support my

:06:15.:06:19.

noble friend and the others moving amendment 14 because it's all my

:06:20.:06:25.

common sense if we look back on the discussion at committee stage they

:06:26.:06:28.

are asking for is for the government to complete its own programme of

:06:29.:06:35.

persuading the overseas to adopt public registers. This was a

:06:36.:06:39.

worldwide campaign and we admire the government has led this campaign. It

:06:40.:06:45.

is now intended to include the overseas territories although I

:06:46.:06:50.

fully recognise it's been a slow take-up and orders in Council may be

:06:51.:06:54.

required. I worked with Christian Aid and many other organisations who

:06:55.:07:04.

support this new clause in amendment 14 where they are to my mind rightly

:07:05.:07:08.

concerned that the need for transparency should apply to

:07:09.:07:13.

overseas territories and developing countries just as much as it applies

:07:14.:07:21.

to us. I hope the minister recognises this and will see her way

:07:22.:07:25.

to a further compromise in future. The aid agencies feel quite strongly

:07:26.:07:29.

by this and the majority of people living in these countries are who we

:07:30.:07:34.

are thinking about, not the ones sitting on the money. I would like

:07:35.:07:40.

to quote an action from Christian Aid, they said the exchanges of

:07:41.:07:43.

notes signed between the UK and overseas territories on sharing

:07:44.:07:49.

beneficial ownership information already provide for a joint review

:07:50.:07:54.

of the operation of the arrangements, six months after

:07:55.:07:57.

coming into force and thereafter on an annual basis. The report

:07:58.:08:02.

envisaged by amendment eight is already therefore committed to. All

:08:03.:08:06.

this amendment does is put an existing commitment into law and so

:08:07.:08:12.

the amendment is not mentioned transparency at all nor does it

:08:13.:08:15.

mention developing countries and therefore I see no reason why we

:08:16.:08:19.

cannot support amendment 14 and amendment eight. Adding my name to

:08:20.:08:28.

amendment 24 which is about the overseas poverty register. The

:08:29.:08:35.

baroness was kind enough to refer to my remarks at the committee stage

:08:36.:08:40.

about drifting away to murkier regimes, I took it from the way she

:08:41.:08:45.

quoted it that she did not approve of that. I was relieved that my

:08:46.:08:49.

noble friend equated it with approval which shows you you cannot

:08:50.:08:56.

please all the people all the time. But I do not want my noble friend or

:08:57.:09:00.

indeed the house to think that was a remark made just in isolation. I

:09:01.:09:07.

said the status quo was not sustainable and that there would be

:09:08.:09:11.

in my view at least three issues that should be tackled as part of

:09:12.:09:19.

the new regime. Firstly that there should be a register and that our

:09:20.:09:23.

law enforcement agencies should have full access to that register and it

:09:24.:09:29.

was done in a way that was prompt and helpful and consistent with the

:09:30.:09:32.

working relationship and thirdly that the UK Government was itself

:09:33.:09:35.

satisfied with the effectiveness of the regime in those overseas

:09:36.:09:43.

territories and Crown dependencies. It seemed to me that actually

:09:44.:09:46.

amendment eight, the government amendment, meets those tests which

:09:47.:09:54.

is why I am supporting it and I think rather than drifting away to

:09:55.:09:58.

Marky resumes I would say we must not let the best become the enemy of

:09:59.:10:04.

the good. So if I may return to amendment 24, it is important I

:10:05.:10:10.

think not my lords to see the issues raised as only being a problem for

:10:11.:10:19.

central London and maybe the suburbs as well. There is a knock-on effect

:10:20.:10:26.

from what is going on and from the continued overseas investment in

:10:27.:10:32.

London properties. That makes the urgency referred to in the remarks a

:10:33.:10:38.

moment ago all the more pressing. Because first my Lords there is a

:10:39.:10:43.

ripple effect on properties in the south-east of the night Kingdom as

:10:44.:10:50.

they settled population... Further amounts of money to buy properties

:10:51.:10:54.

elsewhere in the region. There is an interesting article in the Financial

:10:55.:11:01.

Times of Monday the 30th of April in which it pointed out house prices

:11:02.:11:06.

have increased by 102% since 2002 compared to 38% and that London no

:11:07.:11:15.

need to pay 12.9 times their earnings, up from 6.9 times in 2002,

:11:16.:11:22.

to achieve a London house. And that if you wish to buy a house in

:11:23.:11:26.

Kensington, Chelsea, the heartland of the area I think my noble friend

:11:27.:11:33.

has in his gun sights, now you have to have 31 times your median salary

:11:34.:11:38.

to be able to afford it. So there is a real sense that we need to get a

:11:39.:11:43.

grip and some transparency and clarity on what is going on and of

:11:44.:11:50.

course there is a second impact because as London has become more

:11:51.:11:55.

expensive foreign investors have begun to look at other cities. The

:11:56.:12:01.

times of Friday, April seven pointed out that number one Cambridge St in

:12:02.:12:08.

Manchester, a development of 282 flats end 29 stories has investment

:12:09.:12:20.

or purchases from Aber 's Irish, China, Japan, Zimbabwe, 18

:12:21.:12:24.

nationalities in all and only two of the 282 flats are owned by

:12:25.:12:30.

Britain's. The developer said the generously designed proportions

:12:31.:12:37.

apartments appealed to owner occupiers, investors and renters. In

:12:38.:12:41.

other words the scheme is appealing to several sectors of the market.

:12:42.:12:45.

Including those looking to make a step towards getting on the housing

:12:46.:12:50.

ladder and more established owner occupiers. I must say I think

:12:51.:12:54.

first-time buyers in Manchester might wonder whether 99.2% overseas

:12:55.:13:00.

investment and .8% local ownership is what, if that is a fair

:13:01.:13:10.

reflection. Here I offer to my noble friend Baroness Stone and some

:13:11.:13:15.

comfort. One investor based on the British Virgin Islands has purchased

:13:16.:13:23.

125 flats. It's a company which has paid 25.7 million for these

:13:24.:13:28.

properties. So my Lords, whilst this amendment is no silver bullet it

:13:29.:13:34.

does set out an important direction of travel and that is why I support

:13:35.:13:47.

it. There have been many speeches and I was unable to speak at an

:13:48.:13:51.

earlier stage so I will be brief. Amendment eight is good but

:13:52.:13:55.

amendment 14 is better and the reason it is better is simply this,

:13:56.:13:59.

it adds greater certainty to the idea that we and the British

:14:00.:14:04.

territories overseas are doing our level best and they are doing their

:14:05.:14:09.

level best to destroy this scourge of corruption which invests so many

:14:10.:14:15.

countries and does so much damage throughout the whole world. Maybe we

:14:16.:14:21.

are at the start of this process, I think this bill is the beginning of

:14:22.:14:25.

this process but we have to start somewhere and this is where we

:14:26.:14:32.

should start. My Lords I had the privilege of being an name added to

:14:33.:14:39.

the amendment moved by the baroness. I want to use this opportunity if I

:14:40.:14:44.

made to congratulate horror both not only on raising this issue but also

:14:45.:14:49.

pursuing it with so much energy and I think we can see from some of the

:14:50.:14:53.

results that the argument has moved, the profile of this issue has been

:14:54.:14:58.

significantly raised. I think government will struggle to ignore

:14:59.:15:02.

it going forward. But we have had a small concession from the

:15:03.:15:06.

government, I agree very much with the Earl of sand wedge that it would

:15:07.:15:15.

have been encouraging to have a stronger response because this is

:15:16.:15:18.

the encapsulation if you like the existing government policy, existing

:15:19.:15:22.

notes of exchange into statute. It's better to have it in statute and not

:15:23.:15:27.

have it in statute, that's a bit of movement but it's extremely small. I

:15:28.:15:33.

think what has disappointed me in a lot of the debate today has been the

:15:34.:15:38.

range of views that have been expressed as opposing transparency.

:15:39.:15:45.

I am very appreciative of those who have spoken out and recognise the

:15:46.:15:49.

importance of transparency. The Panama papers have been an

:15:50.:15:54.

extraordinary illustration of what transparency can do and does, that

:15:55.:16:00.

is to engage both the regulators, the enforcement agencies to pursue,

:16:01.:16:05.

it is not naughtiness, it runs far deeper than naughtiness. To pursue

:16:06.:16:12.

real misbehaviour that distorts economies including our own quite

:16:13.:16:19.

frankly. I think in amendment 24 in many ways illustrates the

:16:20.:16:24.

distortions which has happened in the property market in the UK with

:16:25.:16:29.

huge consequences for many of our young people, many of those on lower

:16:30.:16:33.

incomes. There is a very big knock on beyond just the initial misuse of

:16:34.:16:41.

bank accounts and investments. My Lords, I have said and I made a much

:16:42.:16:46.

longer speech at committee stage which I won't repeat here, but that

:16:47.:16:53.

we have to face the reality that much of their many of the problems

:16:54.:16:57.

we face across the globe, whether it's looking at things like the

:16:58.:17:05.

Civil War in Syria, hunger in Africa, the absence of democracy in

:17:06.:17:15.

countries like Russia, the impact of withdrawn democracy in places like

:17:16.:17:21.

Turkey, that all of that depends on the capacity of those who are

:17:22.:17:28.

politicians or government that abuse their people, governments or

:17:29.:17:33.

politicians who are corrupt, vast criminal networks which exploit in

:17:34.:17:40.

every way to then take advantage by moving illicitly obtained money into

:17:41.:17:51.

the legal financial sector. When we look anywhere around the world that

:17:52.:17:58.

functions as a haven or portal for that transition from the illicit

:17:59.:18:04.

world to the legal world that we are facing a situation where we have to

:18:05.:18:08.

try to close down that ability of those funds to move. The impact of

:18:09.:18:14.

that would be huge and so many ways across the globe and for us. I very

:18:15.:18:22.

much support and I am sad not everyone did, the work the previous

:18:23.:18:27.

Prime Minister David Cameron did in this area, the stance he took that

:18:28.:18:32.

said first we have to make the kinds of changes that give us a central

:18:33.:18:36.

registers and I am glad the government has moved and this

:18:37.:18:39.

government continues to move to make sure that extends right across all

:18:40.:18:45.

our overseas territories and Crown dependencies and many of them as has

:18:46.:18:50.

been stated, this will be a universal description of the UK, its

:18:51.:18:59.

overseas territories and Crown dependencies. But I am sad that the

:19:00.:19:05.

principle of public registers is now being so thoroughly challenged. We

:19:06.:19:09.

all know that if we wait for a global standard we will wait for

:19:10.:19:13.

generations and secrecy provides that kind of cover that is used

:19:14.:19:18.

extensively by all those we would wish to stop. They are the people

:19:19.:19:24.

who will be pleased today that amendment 14 is not going to be put

:19:25.:19:28.

to a vote and potentially carried. They will be delighted because that

:19:29.:19:33.

is the cover that enables them to continue to make the transfer

:19:34.:19:37.

between the illicit world and the legal world. So I say to the

:19:38.:19:44.

minister I think this is a path that I am sure the baroness who has been

:19:45.:19:48.

so vigorous on this issue is going to continue. I think there are

:19:49.:19:54.

others around the house who will continue that and I hope because we

:19:55.:20:03.

must achieve that as transparency and if we don't take a leadership

:20:04.:20:07.

there is no way we can turn around to be United States are any other

:20:08.:20:11.

location and incest they indeed carry out those same measures when

:20:12.:20:18.

we say we are not willing to do it ourselves and we are not willing to

:20:19.:20:21.

use our relationship with the overseas territories and Crown

:20:22.:20:24.

dependencies to achieve that goal. I wish the Minister was able to tell

:20:25.:20:33.

us more, that would give us a great deal of comfort, there does not seem

:20:34.:20:37.

to be modern which has much force energy behind us and I find that

:20:38.:20:41.

exceedingly sad but this is a day when frankly we recognise the needs

:20:42.:20:50.

and I very much will accept that supporting the government amendment

:20:51.:20:57.

eight and will with regret recognise we are very likely to have an

:20:58.:20:58.

opportunity to push on amendment 14. Could I start off by making a

:20:59.:21:09.

reference to the amendment that's down in the name of the noble Lord

:21:10.:21:19.

and the noble Lord Hodgson. We certainly support the objectives of

:21:20.:21:23.

that amendment. It's a matter that we have raised at committee stage as

:21:24.:21:35.

well as of the noble Lords. The amendment, unless I've misunderstood

:21:36.:21:39.

its intention, seeks to say that action should be taken within a

:21:40.:21:42.

certain period of time, which I think is described as within six

:21:43.:21:47.

months of the day on which this act is passed. When the matter was

:21:48.:21:54.

discussed at committee stage, of course, the noble lady the minister

:21:55.:21:58.

did say, refer to the fact that the Government had announced that the

:21:59.:22:04.

London anticorruption summit last year that the Government's intention

:22:05.:22:10.

was to create a register of overseas company beneficial ownership

:22:11.:22:13.

information, where the company owns UK property. On behalf of the

:22:14.:22:19.

Government, the noble lady the minister also said that the

:22:20.:22:22.

Government intended to publish a call for evidence, which would set

:22:23.:22:25.

out the policy proposals in full in the coming weeks and that the

:22:26.:22:30.

Government would also introduce legislation to implement the

:22:31.:22:34.

register as soon as Parliamentary time allowed. Now of course, as the

:22:35.:22:41.

noble Lord has said, the call for evidence on a register showing who

:22:42.:22:45.

owns and controls overseas legal entities that own UK property or

:22:46.:22:49.

participate in UK Government procurement has now been issued.

:22:50.:22:54.

It's come from the Department for Business, energy and industrial

:22:55.:22:59.

strategy. But I imagine that the key concern from what the noble Lord has

:23:00.:23:05.

said, of course, is how long it may take for anything to happen as far

:23:06.:23:08.

as setting up the register is concerned. I assume that the noble

:23:09.:23:14.

lady, the minister, is probably not going to be in a position to say

:23:15.:23:19.

very much about that. She could tell us what the intentions of this

:23:20.:23:22.

Government would have been. But this Government isn't going to be around

:23:23.:23:26.

for very much longer. It will be a new Government. And it will be an

:23:27.:23:32.

issue for that Government to decide what priority they're going to give

:23:33.:23:39.

to it. But certainly, the omens do not necessarily seem very good,

:23:40.:23:43.

since there seems to be a general view that much of the legislative

:23:44.:23:47.

time that any Government has after the next election is going to be

:23:48.:23:53.

taken up with the issue of the implications of our withdrawal from

:23:54.:23:58.

Europe. I hope the noble lady, the minister, will at least be able to

:23:59.:24:01.

say what the intentions of this Government would have been, when she

:24:02.:24:05.

comes to respond to the specific point that's actually raised in the

:24:06.:24:09.

amendment moved by the noble Lord about putting a time limit on when

:24:10.:24:14.

something's actually going to happen and not leaving it as something that

:24:15.:24:20.

may well drift into the future. Could I turn to the Government's

:24:21.:24:26.

amendment and to the amendment 14, to which my name is attached. I

:24:27.:24:31.

would like to thank the noble lady the minister for moving Government

:24:32.:24:34.

amendment number eight, which I think fairly clearly has been put

:24:35.:24:40.

down at least in partial response to the terms of amendment number 14,

:24:41.:24:44.

which has been moved by the noble lady Baroness Stern and to which my

:24:45.:24:50.

name is attached. I don't intend to reiterate the arguments and points

:24:51.:24:55.

made by the noble lady Baroness Stern with which I'd have to say I

:24:56.:25:03.

fully concur. What I do want to do is to concentrate my comments on the

:25:04.:25:11.

Government amendment number eight. The Government amendment, as the

:25:12.:25:16.

noble lady Baroness Stern has already said does not go as far as

:25:17.:25:19.

amendment 14, since it contains no reference to the Government having

:25:20.:25:24.

to bring forward by the end of 2019 or indeed any other time scale an

:25:25.:25:30.

order in council and then taking all reasonable steps to ensure its

:25:31.:25:35.

implementation requiring any overseas territories listed in the

:25:36.:25:40.

amendment, amendment 14, that have not by the end of 2019 introduce aid

:25:41.:25:46.

publicly accessible register and thus if they haven't done that,

:25:47.:25:51.

requiring them to do so. What the Government amendment provides for is

:25:52.:25:56.

a report to be prepared before the first of July 2019, with an

:25:57.:26:00.

assessment of the effectiveness of the arrangements in place between

:26:01.:26:02.

the UK Government and the Government of any of the Channel Islands, the

:26:03.:26:07.

aye of man or relevant overseas territories for the sharing of

:26:08.:26:11.

beneficial ownership information, having regard to such international

:26:12.:26:15.

standards as appear to the relevant minister to be relevant. I would

:26:16.:26:19.

like to ask the noble lady, the minister, for more information on

:26:20.:26:26.

the criteria against which the Government will assess the

:26:27.:26:29.

effectiveness of the current arrangements. I'm asking that in the

:26:30.:26:32.

context of what the view would have been of this Government on that

:26:33.:26:37.

issue. What we are presumably all seeking to do is reduce the

:26:38.:26:41.

incidents of money laundering and corruption in particular as well as

:26:42.:26:46.

avoidance of paying tax by either illegal means or through elaborate

:26:47.:26:50.

schemes which have not been cleared by the tax authorities. Will the

:26:51.:26:56.

level of such reduction achieved or not achieved in these areas be a key

:26:57.:27:03.

part of the assessment of the effectiveness of the arrangements in

:27:04.:27:08.

place? And will that be reported on in specific terms in the report to

:27:09.:27:12.

be placed before Parliament and to which reference is made in the

:27:13.:27:17.

Government amendment? And further, is it this Government's intention

:27:18.:27:21.

that there should be a debate in both Houses of Parliament on the

:27:22.:27:28.

report in Government time? And what does the reference to "having regard

:27:29.:27:33.

to such international standards as appear to be relevant minister to be

:27:34.:27:38.

relevant" actually mean? What does this Government consider the

:27:39.:27:42.

relevant international standards are at present? And how would the

:27:43.:27:48.

international standards at the end of 2018 be determined? Are

:27:49.:27:53.

international standards internationally binding agreements?

:27:54.:27:56.

Or is an international standard what is being achieved by the country

:27:57.:28:01.

with the best record of effectiveness and transparency in

:28:02.:28:05.

this area? Or the one with the worst record? Now I believe the noble

:28:06.:28:11.

lady, the minister, said that the regard to international standards

:28:12.:28:15.

would be to the highest standards, but I would be grateful if the noble

:28:16.:28:19.

lady, the minister, could confirm that when she comes to respond. One

:28:20.:28:25.

of the concerns that's been expressed during the course of our

:28:26.:28:29.

discussions on this issue has been the potential or actual use of

:28:30.:28:36.

overseas territories and Crown dependencies by corrupt individuals,

:28:37.:28:39.

organisations or people in positions of real power in other countries to

:28:40.:28:43.

cream off money for themselves, which was intended to be used for

:28:44.:28:47.

the benefit of a nation as a whole or a significant part of a nation.

:28:48.:28:53.

An advantage of a publicly accessible register of beneficial

:28:54.:29:00.

ownership means people in that country would have access and would

:29:01.:29:03.

identify where corruption and money laundering may be taking place and

:29:04.:29:08.

thus be better able to expose what's going on. The prospect of which in

:29:09.:29:12.

itself would also act as a potentially significant deterrent.

:29:13.:29:17.

The Government's amendment refers to an exchange of information between

:29:18.:29:22.

the Government of the UK and the government of each relevant

:29:23.:29:27.

territory. How will this Government's amendment address the

:29:28.:29:30.

issue of the use of overseas territories and Crown dependencies

:29:31.:29:35.

for corruption and money laundering purposes by individuals,

:29:36.:29:37.

organisations or people in positions of real power in countries outside

:29:38.:29:43.

the United Kingdom? Does the amendment mean that the UK

:29:44.:29:47.

Government would seek information on beneficial ownership from a relevant

:29:48.:29:52.

Crown dependencies or overseas territories in respect of

:29:53.:29:56.

individuals, organisations or people in positions of power in countries

:29:57.:30:01.

other than the United Kingdom? And were a credible request for such

:30:02.:30:06.

information -- where a credible request comes from individuals,

:30:07.:30:11.

organisations or governments within those other countries, is it the

:30:12.:30:13.

intention of this Government that the information on beneficial

:30:14.:30:19.

ownership obtained would be passed on unless -- wouldn't be passed on

:30:20.:30:24.

unless overriding reasons to do so would jeopardise life or security.

:30:25.:30:27.

There is a basic difference between ourselves an the Government. The

:30:28.:30:31.

Government believe that a process of persuasion will lead to publicly

:30:32.:30:36.

accessible registers of beneficial ownership in line with what is to be

:30:37.:30:45.

UK practice, albeit I note the noble Lord's tren chant comments about the

:30:46.:30:49.

lack of verification of the register in the UK. However, the Government

:30:50.:30:56.

do not want to put any time limit for when the voluntary approach has

:30:57.:30:59.

to have delivered follow which legislative action would be taken.

:31:00.:31:04.

We are not convinced that this approach will deliver the required

:31:05.:31:10.

outcome and particularly in the light of the Government's change of

:31:11.:31:13.

stance in the days of the previous Prime Minister so that the

:31:14.:31:18.

commitment now appears only to be to expect overseas territories and

:31:19.:31:23.

Crown dependencies to follow suit if publicly accessible registers of

:31:24.:31:27.

beneficial ownership become the international standard. It appears

:31:28.:31:29.

as though the United Kingdom will not be taking the lead as far as the

:31:30.:31:33.

overseas territories and Crown dependencies are concerned. This

:31:34.:31:39.

Government's only expects them to "follow suit qul qul. And perhaps

:31:40.:31:46.

the -- follow suit." . And perhaps the noble lady could say though

:31:47.:31:54.

there are no time limits in the amendment when it should be

:31:55.:32:02.

implemented, nevertheless, this Government would not resile from

:32:03.:32:05.

taking legislative action at some undefined point in the future if

:32:06.:32:10.

that was shown to be necessary. We are now in a situation where this

:32:11.:32:15.

Parliament is about to end, pending the general election in June. This

:32:16.:32:21.

bill as has been said, has received widespread support, concluding in

:32:22.:32:24.

the Commons as well as this House, where the areas of difference of

:32:25.:32:28.

view have been over what the bill does not include, rather than over

:32:29.:32:35.

what it does. A judgment has to be made in the situation. The

:32:36.:32:38.

Government have been persuaded to move further with their amendment,

:32:39.:32:42.

amendment eight, providing for a report to Parliament to be prepared

:32:43.:32:48.

by the middle of 2019. This will enable the issue to be kept alive

:32:49.:32:55.

and for the case for an objective of publicly accessible registers of

:32:56.:32:59.

beneficial ownership in bone overseas territories and Crown

:33:00.:33:04.

dependencies to continue to be pursued, pursued assuming the then

:33:05.:33:08.

Government of the day do not come to the conclusion themselves that firm

:33:09.:33:11.

action needs to be taken to deliver that objective in the light of the

:33:12.:33:16.

progress, or lack of it, being made by the voluntary approach and the

:33:17.:33:20.

effectiveness or lack of it of the arrangements in place for the

:33:21.:33:24.

sharing of beneficial ownership legislation. The amendment does

:33:25.:33:31.

require progress, does represent progress, albeit not as much as we

:33:32.:33:36.

would have liked. Nobody wants to see this bill or even significant

:33:37.:33:40.

parts of it actually bite the dust. We do not believe that an election

:33:41.:33:44.

having now been called, that Government MPs in the Commons are

:33:45.:33:48.

now going to do anything other than support their own Government's

:33:49.:33:53.

amendment number eight at the expense of amendment 14, assuming

:33:54.:33:58.

that amendment could still have been carried in this House in the light

:33:59.:34:02.

of the Government's amendment. We will support the Government's

:34:03.:34:06.

amendment for the reasons I have given. It does not go as far as we

:34:07.:34:12.

would wish. That position is reflected in amendment number 14.

:34:13.:34:17.

But it does represent progress, that's amendment eight represents

:34:18.:34:20.

progress and we thank the noble lady, the minister, for her work in

:34:21.:34:31.

that regard. My Lord's, may I thank all noble Lord's who have spoken so

:34:32.:34:39.

passionately on amendments 8 and 14. And particularly thank the noble

:34:40.:34:44.

lady, lady Stern for all the work she has done in promoting her

:34:45.:34:50.

amendment 14. May I also thank all noble Lord's who attended the

:34:51.:34:54.

meeting with the overseas territories this morning. I hope

:34:55.:35:00.

they found it was a useful meeting and that they can see that progress

:35:01.:35:05.

is in fact being made. But my Lord's, could I begin with amendment

:35:06.:35:08.

24.

:35:09.:35:12.

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