Browse content similar to 25/04/2017. Check below for episodes and series from the same categories and more!
Line | From | To | |
---|---|---|---|
That's the end of the day in the houckz. We will now be going -- in | :00:00. | :00:07. | |
the House of Commons, we will go live over to the House of Lords. You | :00:08. | :00:11. | |
can watch recorded coverage after the Daily Politics later tonight. | :00:12. | :00:18. | |
... However the Government respects the constitutional relationship with | :00:19. | :00:23. | |
the overseas territories and the Crown dependencies. Legislating for | :00:24. | :00:26. | |
the overseas territories is something that we have only done | :00:27. | :00:30. | |
very rarely and on issues such as the abolition of the death penalty, | :00:31. | :00:35. | |
which raised issues of compliance with human rights obligations, areas | :00:36. | :00:39. | |
for which the UK retains direct responsibility. While tackling this | :00:40. | :00:46. | |
kind of complex criminality and its consequences is extremely serious, | :00:47. | :00:49. | |
there is a clear constitutional difference in the fact that | :00:50. | :00:54. | |
financial services are an area that is devolved to territory governments | :00:55. | :00:58. | |
in the case of the Crown dependencies, the UK has never | :00:59. | :01:01. | |
legislated for them without their consent. It is also likely to lead | :01:02. | :01:06. | |
to the territories with drawing their current level of cooperation, | :01:07. | :01:10. | |
jeopardising the progress made and the spirit of working in partnership | :01:11. | :01:14. | |
that we have fostered with the territories. I hope that noble | :01:15. | :01:18. | |
Lord's will see this is a course of action that we shouldn't take. My | :01:19. | :01:25. | |
Lord's, in terms of their existing commitments, it is quite right that | :01:26. | :01:32. | |
we should ensure that there are effectively implemented and deliver | :01:33. | :01:35. | |
real benefits for the UK law enforcement. This was a point that | :01:36. | :01:40. | |
the noble Lord emphasised at committee stage and following | :01:41. | :01:45. | |
careful consideration, I have brought forward amendments 8 and 32, | :01:46. | :01:49. | |
to address the concerns raised by him and others. The amendments | :01:50. | :01:54. | |
provide for a report to Parliament on the effectiveness of the | :01:55. | :01:58. | |
bilateral arrangements in place between the UK and the governments | :01:59. | :02:01. | |
of the overseas territories with financial centres and of the Crown | :02:02. | :02:07. | |
dependencies on the exchange of beneficial ownership information. As | :02:08. | :02:11. | |
I noted at committee stage, the Government is committed to follow up | :02:12. | :02:15. | |
on these arrangements to ensure that they deliver in practice. There is | :02:16. | :02:20. | |
already provision in the exchanges of notes agreements with the | :02:21. | :02:23. | |
overseas territories and Crown dependencies for reviews of the | :02:24. | :02:26. | |
arrangements six months after they come into force, that is on December | :02:27. | :02:32. | |
31 of this year and for further reviews on an annual basis there | :02:33. | :02:36. | |
after. The arrangements provide for continuous monitoring by both | :02:37. | :02:41. | |
parties. However, placing review of the first 18 months of operation of | :02:42. | :02:45. | |
the arrangements on a statutory basis will, I believe, provide | :02:46. | :02:50. | |
further assurance that careful Parliamentary scrutiny will be given | :02:51. | :02:54. | |
to the effectiveness of the arrangements and demonstrate they | :02:55. | :02:58. | |
are being implemented properly, working effectively and meeting our | :02:59. | :03:03. | |
law enforcement objectives. My Lord's, as I've said, the UK is the | :03:04. | :03:08. | |
only G20 country to have established a public register and it is this | :03:09. | :03:13. | |
Government's long-term ambition that publicly accessible registers of | :03:14. | :03:17. | |
beneficial ownership will, in time, become a global standard. At that | :03:18. | :03:23. | |
point, we'd expect the overseas territories and Crown dependencies | :03:24. | :03:27. | |
to implement this standard. The Government amendment includes | :03:28. | :03:30. | |
provision that in the review of the effectiveness of the arrangements, | :03:31. | :03:34. | |
we can consider relevant international standards. This | :03:35. | :03:37. | |
further demonstrates our intention to ensure that we and our overseas | :03:38. | :03:42. | |
territories and Crown dependencies remain ahead of the curve of | :03:43. | :03:46. | |
international standards and will continue to consider the bespoke | :03:47. | :03:50. | |
arrangements set out in the exchange of notes in relation to these | :03:51. | :03:56. | |
standards as they evolve. Given that so many jurisdictions fail even to | :03:57. | :04:01. | |
reach the standards set by the financial action taskforce, for | :04:02. | :04:04. | |
beneficial ownership transparency, it is right to focus our efforts on | :04:05. | :04:10. | |
persuading others to up their game, while ensuring that the overseas | :04:11. | :04:13. | |
territories and the Crown dependencies deliver on what they | :04:14. | :04:18. | |
have promised. We will continue to engage with partners through the key | :04:19. | :04:26. | |
international groups like the OECD to increase levels of transparency | :04:27. | :04:30. | |
worldwide. I pay credit to all noble Lord's who have campaigned on this | :04:31. | :04:35. | |
issue. The fight against global corruption is a priority for the | :04:36. | :04:39. | |
Government. We've listened carefully to all those that have made | :04:40. | :04:48. | |
representations, not least the noble lady Baroness Stern. And the noble | :04:49. | :04:56. | |
Lord. I hope that the House will recognise the strong rational for | :04:57. | :05:00. | |
the Government's proposed approach and that noble Lord's will accept | :05:01. | :05:04. | |
the concessionary amendments that we propose in the light of our debate. | :05:05. | :05:07. | |
I look forward to responding to noble Lord's at the conclusion of | :05:08. | :05:10. | |
the debate, when I will also seek to address the amendment in the name of | :05:11. | :05:13. | |
my noble friends. Amendment proposed to insert a new | :05:14. | :05:28. | |
clause entitled Corporation beneficial ownership information | :05:29. | :05:35. | |
followed by the words printed. I rise to speak to amendment 14 in my | :05:36. | :05:40. | |
name and also the names of Baroness Kramer, Lord Ross and Lord Kirk, | :05:41. | :05:46. | |
this amendment has already been discussed in committee and is | :05:47. | :05:51. | |
unchanged but since the debate in committee I have been fortunate to | :05:52. | :05:55. | |
have lengthy discussions with representatives in the United | :05:56. | :05:58. | |
Kingdom of the British Virgin Islands and Bermuda which have been | :05:59. | :06:02. | |
very enlightening and I also want to thank the Chief minister of the isle | :06:03. | :06:05. | |
of man and his colleagues for meeting me. I am also grateful to | :06:06. | :06:11. | |
the House of Lords library for the excellent briefings and to Christian | :06:12. | :06:16. | |
Aid and transparency International for the additional briefings they | :06:17. | :06:21. | |
provided and the work they do in this area. The background to this | :06:22. | :06:26. | |
amendment is the growing public understanding of how the lack of | :06:27. | :06:31. | |
transparency in offshore financial centres helps the corrupt to find a | :06:32. | :06:36. | |
haven for their ill gotten wealth and the tax evaders to sleep easily | :06:37. | :06:42. | |
in their beds. Those in poor countries feel the effects of the | :06:43. | :06:46. | |
most because they do not have the resources to pursue the money that's | :06:47. | :06:50. | |
been taken from them. The understanding of this need for | :06:51. | :06:56. | |
transparency was enhanced by the publication of the Panama papers in | :06:57. | :07:02. | |
April 2000 and 16. Following this, on the 8th of November 2016 the | :07:03. | :07:09. | |
Chancellor of the Exchequer made her written statement on the work of the | :07:10. | :07:14. | |
cross agency Panama papers task force. This is a group of law | :07:15. | :07:21. | |
enforcers set up to pursue the information that related to the | :07:22. | :07:25. | |
United Kingdom about the illegality revealed in the Panama papers. He | :07:26. | :07:29. | |
said in his statement that since the publication of the Panama papers the | :07:30. | :07:35. | |
task force upon the following, open civil and criminal investigations | :07:36. | :07:42. | |
into 22 investigations were suspected tax evasion, identified a | :07:43. | :07:47. | |
number of leads relevant to a major insider trading operation, | :07:48. | :07:50. | |
identified nine potential additional enablers of economic crime or who | :07:51. | :07:58. | |
had links to known criminals. Placed 43 high net worth individuals under | :07:59. | :08:02. | |
a special review was there are links to Panama were further investigated. | :08:03. | :08:17. | |
Established links to eight active Serious Fraud Office investigations, | :08:18. | :08:22. | |
identified 26 offshore companies whose beneficial ownership of UK | :08:23. | :08:27. | |
property was previously concealed and whose financial activity had | :08:28. | :08:32. | |
been identified to the National crime agency as potentially | :08:33. | :08:37. | |
suspicious. And in addition to pursuing these individuals and other | :08:38. | :08:46. | |
leads on insider trading and sanctions and number of individuals | :08:47. | :08:52. | |
had come forwards to settle forwards to set other affairs before action | :08:53. | :08:59. | |
was taken against them. All the law enforcement activity I have just | :09:00. | :09:03. | |
listed is the result in just six months of bringing can transparency | :09:04. | :09:09. | |
to the files of just one legal firm in just one country. It gives an | :09:10. | :09:17. | |
indication of the huge extent of the illicit activity and eliminates the | :09:18. | :09:22. | |
rationale behind the measures in this very welcome bill. I would in | :09:23. | :09:27. | |
passing with great respect asked those noble Lords who oppose public | :09:28. | :09:32. | |
registers if they feel that bringing that number of people to justice is | :09:33. | :09:38. | |
not worth doing are whether they have a proposal other than | :09:39. | :09:43. | |
transparency for achieving that end. And though to delay government | :09:44. | :09:47. | |
amendment eight which the Minister has just spoken so eloquently is a | :09:48. | :09:51. | |
step forward in trying to curb the criminal activity at tax evasion and | :09:52. | :10:00. | |
laundering of corruptly gained a well illustrated by the work of the | :10:01. | :10:04. | |
Panama papers task force. It is very welcome them and makes it clear the | :10:05. | :10:13. | |
overseas territories to keep good and accurate information. Let us | :10:14. | :10:22. | |
remember that half of the companies exposed by the Panama papers were | :10:23. | :10:26. | |
incorporated in the British Virgin Islands. Amendment number 14 goes | :10:27. | :10:32. | |
further than the government amendment. In relation to the | :10:33. | :10:37. | |
overseas territories it aims to bring transparency to their | :10:38. | :10:43. | |
financial operations by allowing public access to registers are | :10:44. | :10:48. | |
beneficial ownership and I note that Montserrat has already agreed to | :10:49. | :10:52. | |
establish such a public register. This amendment would put a timetable | :10:53. | :11:01. | |
anyplace for the British Overseas Territories to have public | :11:02. | :11:04. | |
registers. It would require the government to give all the | :11:05. | :11:07. | |
reasonable assistance possible to the overseas territories to help | :11:08. | :11:11. | |
with this. If they had not been made public by the end of 2019 the | :11:12. | :11:18. | |
amendment requires public registers should be brought in by a council. | :11:19. | :11:24. | |
At committee stage the noble lady the Minister made it clear she could | :11:25. | :11:29. | |
not accept the amendment but in doing so she did not use the | :11:30. | :11:33. | |
argument that has been raised so frequently in discussions of this | :11:34. | :11:38. | |
matter the argument that requiring the overseas territories to have | :11:39. | :11:42. | |
public registers whilst other offshore centres maintain their | :11:43. | :11:48. | |
secrecy puts them at a competitive disadvantage so that in the | :11:49. | :11:53. | |
evocative words used in committee by the noble Lord Lord Hodgson the | :11:54. | :12:01. | |
malfeasance will drift away to still mark year regimes. I welcome very | :12:02. | :12:06. | |
much the noble lady 's rejection of that line of argument. She said the | :12:07. | :12:12. | |
overseas territories and I quote may face competitive disadvantage in the | :12:13. | :12:16. | |
short term but in the long term the transparent and open way in which | :12:17. | :12:20. | |
the territories tend to work and we with them will be to their | :12:21. | :12:24. | |
advantage. At the committee stage the noble ladies main reason for | :12:25. | :12:30. | |
rejecting the amendment was that there would be a constitutional | :12:31. | :12:34. | |
problem in accepting it and she repeated that today. I have been | :12:35. | :12:42. | |
sent many documents on this subject since committee stage which I have | :12:43. | :12:48. | |
studied carefully and they make it clear that ultimately the UK | :12:49. | :13:00. | |
Parliament could legislate. I am sure there is wide agreement. | :13:01. | :13:07. | |
Finally could I remind the noble lady the Minister of what she said | :13:08. | :13:13. | |
at committee, for the purposes of international law the overseas | :13:14. | :13:19. | |
territories are British. And that Britishness is significant. In my | :13:20. | :13:22. | |
various discussions it has become clear to me that the attraction of | :13:23. | :13:27. | |
the financial services in the overseas territories is primarily | :13:28. | :13:32. | |
related to the British identity, the language, the access to a common-law | :13:33. | :13:38. | |
legal system, final recourse to the Privy Council and the appeal as it | :13:39. | :13:43. | |
is seen of the union jack. It is worth repeating what the noble Lord | :13:44. | :13:49. | |
said at committee, he said it is fair to ask those jurisdictions that | :13:50. | :13:55. | |
while their economy and defence depend on the stability and | :13:56. | :13:59. | |
integrity of the United Kingdom they should also be expected to follow | :14:00. | :14:05. | |
the same rules of business and investment that we follow here. We | :14:06. | :14:11. | |
in the United Kingdom have a public register, it may not be perfect I am | :14:12. | :14:17. | |
sure the noble Lord would agree with me on that. But it is our policy, we | :14:18. | :14:24. | |
have one because we believe it is right and because it helps to | :14:25. | :14:29. | |
prevent serious crime I hope that by tabling this amendment we have made | :14:30. | :14:36. | |
it clear that we in the United Kingdom understand the huge impact | :14:37. | :14:41. | |
that secret offshore financial services can have on the poor | :14:42. | :14:48. | |
countries of the world, on good governance, democracy and security. | :14:49. | :14:53. | |
We understand the overseas territories are the United Kingdom | :14:54. | :14:58. | |
responsibility and we hope very much that transparency of their financial | :14:59. | :15:01. | |
operations will come sooner rather than later. Finally can I thank the | :15:02. | :15:09. | |
noble lady the Minister for the way she has carried this hugely | :15:10. | :15:12. | |
important bill through the house and for her support and helpfulness at | :15:13. | :15:24. | |
all times. Can I just intervene for a short time because as one of the | :15:25. | :15:30. | |
cigarette trees on amendment 14 and indeed its predecessor which we | :15:31. | :15:34. | |
looked out at committee stage I want to first of all thank and | :15:35. | :15:40. | |
congratulate the noble ladies bull lady for her amazing vigour and | :15:41. | :15:47. | |
courage and indeed our intuition in pursuing this matter which is so | :15:48. | :15:51. | |
important. I remember that when I spoke in committee I made it very | :15:52. | :15:55. | |
clear from the beginning that first of all this is important still, the | :15:56. | :16:00. | |
government does indeed deserve enormous praise for the work it has | :16:01. | :16:08. | |
done both here in the UK and also internationally to tackle | :16:09. | :16:11. | |
corruption, tax evasion and avoidance. That is something I would | :16:12. | :16:16. | |
like to credit also to the previous government because one of the | :16:17. | :16:19. | |
reasons I have been interested in this matter is because I have | :16:20. | :16:26. | |
followed the Right Honourable David Cameron's lead when in fact he put | :16:27. | :16:30. | |
this issue very much at the front of the agenda in the 2013 G8 summit. | :16:31. | :16:36. | |
Subsequently of course it has been referred to already in an earlier | :16:37. | :16:41. | |
discussion that the anti-corruption summit which took place in May last | :16:42. | :16:48. | |
year. He did not refer of course and others did not fair just to global | :16:49. | :16:55. | |
standards. Indeed one of my noble friend the Minister 's responses at | :16:56. | :16:59. | |
committee stage was to talk about awaiting global standards before any | :17:00. | :17:06. | |
pressure was placed on overseas territories to comply with the | :17:07. | :17:15. | |
public register. The former Prime Minister referred to the gold | :17:16. | :17:19. | |
standard which the United Kingdom its self was very much in the | :17:20. | :17:25. | |
vanguard of. And this was accepted and understood and it left this | :17:26. | :17:30. | |
country as it is now in an enormously advantageous position in | :17:31. | :17:33. | |
dealing with other countries as we go forward into the future. Can I | :17:34. | :17:40. | |
just also say that I for my sins was one of those involved in the | :17:41. | :17:44. | |
drafting of the fourth anti-money-laundering directive. I | :17:45. | :17:50. | |
think whenever I meet my friends they always induce me as an expert | :17:51. | :17:55. | |
on money-laundering. I do not like that description but undoubtedly we | :17:56. | :17:58. | |
are looking in this legislation which is an enormously important | :17:59. | :18:04. | |
piece of legislation, at the way in which we respond to the requirements | :18:05. | :18:07. | |
under that fourth money-laundering directive as well. I still maintain | :18:08. | :18:14. | |
that the amendment which I have co-signed is the best way forward | :18:15. | :18:19. | |
but what I would also like to do now is to pay tribute to the noble lady | :18:20. | :18:25. | |
the Minister for the way in which she has listened to the concerns of | :18:26. | :18:30. | |
those who held our views. She has listened carefully during the | :18:31. | :18:33. | |
committee stage and not just listened, then I think our ministers | :18:34. | :18:41. | |
listen and that's about it. She has in fact acted. And I therefore want | :18:42. | :18:44. | |
to just revert quickly to the government amendment she has brought | :18:45. | :18:52. | |
before us. I think the government amendment eight is an enormous | :18:53. | :18:58. | |
stride forward. It is actually also I think giving us the ability which | :18:59. | :19:02. | |
is so important to review the situation actively in two years' | :19:03. | :19:08. | |
time where we can have reports to see how things are getting on with | :19:09. | :19:13. | |
overseas territories and the introduction of public registers. | :19:14. | :19:17. | |
She has also given us good news this evening about developments even | :19:18. | :19:22. | |
since the committee stage and I think we should welcome that and we | :19:23. | :19:26. | |
should thank the government for its interest in proceeding in that | :19:27. | :19:32. | |
manner. I am still of the belief that we need to have a level playing | :19:33. | :19:40. | |
field and we need to have agreement with our overseas territories which | :19:41. | :19:43. | |
is at least compatible with and equivalent to the requirements | :19:44. | :19:49. | |
replace in the domestic setting. It makes no sense not to have that. I | :19:50. | :19:54. | |
realise the government's position on this and that they wish to proceed | :19:55. | :19:58. | |
by consent. Of course we all agree that consent is always better than | :19:59. | :20:04. | |
enforcement. I wish the government great success with this and if | :20:05. | :20:11. | |
necessary and as we proceed I hope we will be getting regular updates | :20:12. | :20:16. | |
and then in June course when the reports come inside back we will | :20:17. | :20:22. | |
have the opportunity if necessary to return to this matter. But at the | :20:23. | :20:26. | |
end of the day my Lord's this is a very, very important bill in so many | :20:27. | :20:32. | |
other regards as well. So from my perspective I certainly would wish | :20:33. | :20:35. | |
us to proceed to confirm this bill and to allow it to proceed from | :20:36. | :20:37. | |
here. I have to declare an interest. I | :20:38. | :20:57. | |
have served professionally and voluntarily in the development | :20:58. | :21:02. | |
sphere in various non-governmental organisations including being | :21:03. | :21:10. | |
director. To all of us involved in that work, the importance of this | :21:11. | :21:17. | |
bill and I very much endorse that it is an important bill and the | :21:18. | :21:21. | |
importance of the amendment that's just been moved cannot be over | :21:22. | :21:26. | |
emphasised. Indeed I noticed the other day that the Prime Minister in | :21:27. | :21:36. | |
saying within the Conservative election campaign, they are going to | :21:37. | :21:45. | |
stand by their commitment of overseas aid emphasised that what | :21:46. | :21:49. | |
was important was to make sure that the aid was being spent in the most | :21:50. | :21:56. | |
effective way and not wasted. My Lord's, one of the things that is | :21:57. | :22:03. | |
terribly important to recognise, in what is being proposed in this | :22:04. | :22:11. | |
amendment, is that the people of too many developing countries have been | :22:12. | :22:21. | |
robbed by their leaders and that existing arrangements enable their | :22:22. | :22:25. | |
leaders to get away with it. If we're going to talk about the | :22:26. | :22:29. | |
effective use of aid, it seems to me, that where we have the authority | :22:30. | :22:38. | |
to take highly effective steps we should do it. Yes, of course, we | :22:39. | :22:45. | |
must put on record that Britain has made great steps to provide world | :22:46. | :22:50. | |
leadership in this sphere and it is leading the world already. That is | :22:51. | :23:01. | |
why the remaining gaps are very ugly. I don't like to put it in | :23:02. | :23:06. | |
these crude terms, but it always seems to me that either people have | :23:07. | :23:12. | |
some reason for not implementing it immediately, what is proposed, or | :23:13. | :23:19. | |
they don't. If they don't, let's do it. If they are going to find ways | :23:20. | :23:24. | |
of delaying, having still to work out anningments and so on, this -- | :23:25. | :23:30. | |
arrangements and so on, this must raise suspicion that's arrangements | :23:31. | :23:33. | |
are going to be made in other respects as well. From that stand | :23:34. | :23:37. | |
point, I would simply like to say that with all my experience in this | :23:38. | :23:43. | |
sphere, this is a crucially important matter. I congratulate the | :23:44. | :23:48. | |
noble lady in having stood by her guns and those who have gone along | :23:49. | :23:53. | |
with her in proposing the amendment and I do hope it will be taken | :23:54. | :24:00. | |
seriously, because I really believe that they could be a very important | :24:01. | :24:06. | |
consensus in this House if we are prepared to put ourselves on record. | :24:07. | :24:12. | |
My Lord's I declare - Following the speech of my noble friend, I too | :24:13. | :24:17. | |
shall wish to refer to Mr Cameron and the G8 summit. First of all, can | :24:18. | :24:21. | |
I say that I think amendment eight is unnecessary, but it's harmless, | :24:22. | :24:25. | |
so I shall support it. But amendment 14, in my opinion, is wrong and | :24:26. | :24:30. | |
misguided for a number of reasons. First, we have no right neither | :24:31. | :24:35. | |
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 | :24:42. | :24:47. | |
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. | :25:00. | :25:03. | |
He calls himself moral and he's one of the architects behind these | :25:04. | :25:07. | |
proposals. I believe we have no moral right because the United | :25:08. | :25:11. | |
Kingdom, my Lord's, creates more dodgy shell companies than some of | :25:12. | :25:17. | |
the tightly regulated overseas territories and Crown dependencies. | :25:18. | :25:20. | |
We need to come up to their standard, not the other way round. | :25:21. | :25:23. | |
Second, we should not impose the public register rules because the | :25:24. | :25:27. | |
rules themselves, as I shall explain, are rubbish. Not one single | :25:28. | :25:33. | |
other country in the OECD is implementing this and have made | :25:34. | :25:39. | |
clear they never, ever will. This public register was invented by my | :25:40. | :25:43. | |
right honourable friend Mr Cameron in 2013 and no other country will | :25:44. | :25:47. | |
touch it with a barge pole. The only reason he was so keen then to foist | :25:48. | :25:52. | |
this system on the overseas territories was so that he could | :25:53. | :25:55. | |
point to others, being in the same boat as himself, and did not look | :25:56. | :26:00. | |
isolated. My Lord's, I was involved in the background at that time. I | :26:01. | :26:04. | |
had a meeting with prominent NGOs prior to the G8 in 2013. I asked | :26:05. | :26:09. | |
them, why are they not campaigning against the real tax havens of this | :26:10. | :26:18. | |
world, Luxembourg, Mauritius etc. And why target the overseas | :26:19. | :26:21. | |
territories? They responded that they had no chance of influencing | :26:22. | :26:26. | |
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 | :26:33. | :26:34. | |
should make it clear for the record, at that point, I was the director of | :26:35. | :26:39. | |
the caiman islands office in London, I have no connection whatsoever | :26:40. | :26:44. | |
financial or otherwise with the Cayman islands government now. I | :26:45. | :26:47. | |
deeply admire the way the territory is run and the exceptional level of | :26:48. | :26:53. | |
integrity they bring to financial services, greater than the United | :26:54. | :26:55. | |
Kingdom. I shall attempt to justify that. Why do I say that our UK | :26:56. | :27:02. | |
policy is farcical? Because it says that the way you get dodgy pensions | :27:03. | :27:10. | |
setting up dodgy shell companies is through public registers so nosey | :27:11. | :27:15. | |
parker NGOs can trawl through them. No you must stop them setting up | :27:16. | :27:19. | |
dodgy companies in the first place. Jersey and Cayman are the top | :27:20. | :27:24. | |
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. |