Kevin Hollinrake (Thirsk and Malton) (Con): I beg to move, that
this House notes that economic crime costs the UK economy at least
£290 billion per yearKevin Hollinrake (Thirsk and Malton) (Con) I
beg to move, That this House notes that economic crime costs the UK
economy at least £290 billion per year; recognises that law
enforcement agencies are significantly under-resourced to deal with
the scale of the problem and can be unwilling to properly enforce
existing...Request free trial
(Thirsk and Malton)
(Con): I beg to move, that this House notes that economic crime
costs the UK economy at least £290 billion per yearKevin
Hollinrake (Thirsk and Malton) (Con)
I beg to move,
That this House notes that economic crime costs the UK economy at
least £290 billion per year; recognises that law enforcement
agencies are significantly under-resourced to deal with the scale
of the problem and can be unwilling to properly enforce existing
laws; is concerned at the fragmented nature of the enforcement
landscape; and calls on the Government to bring forward an
economic crime enforcement strategy that allows for a significant
increase in resource to expand and restructure the fight against
economic crime, including money laundering and fraud.
I thank the Backbench Business Committee for granting this
important debate and the right hon. Member for Barking ( ), who has worked closely
with me on this issue. Too often in this place, we talk about
legislation and not implementation. As the motion says,
“economic crime costs the UK economy at least £290 billion per
year”—
probably a lot more than that—and our agencies are “significantly
under-resourced” and “fragmented”.
I would like to say that things will get better, but actually
they will get much worse. That is not a criticism of the
Government or any of our agencies, although there are criticisms
to be levelled; the reality is that things are moving so quickly
in this space and in the ability of organised criminals—people
who deal drugs, traffic people across continents, fund terrorism,
and steal assets from foreign jurisdictions and foreign nations
—to move money around.
Let me set out an example of how easy this is becoming—these are
all instances running through one platform. There is a hackers
group called Lazarus, which is in effect a state-funded agency
for North Korea that funds the North Korean weapons programme.
There is also Hydra, a dark net drug dealing network, as well as
Grandefex, which is run by organised criminals, and Russian
Government agencies. The thing they all have in common is that
they use a crypto-exchange platform called Binance, set up by a
guy called Changpeng Zhao.
Reuters has investigated how those organisations used Binance to
move money around totally anonymously between 2017 and 2021.
Until 2021, this was regulated by the Financial Conduct
Authority, but still for this crypto -exchange, which moved
bitcoins and lots of other currencies totally anonymously for
those enterprises —for those funding terrorism and other
nefarious enterprises —all people needed to do in order to
register an account was to enter an email address. That was all
people needed to do. There were no “know your customer” checks,
no “know your client” checks and no ID requirements. People just
had to enter an email address, which could easily be a fake one,
and the money was moved around totally anonymously.
The owner of the organisation, Mr Zhao, said as recently as 2020,
when speaking to his own staff, that he was driven by one thing
and one thing only: growing his enterprise. This platform has now
been banned in the UK as a regulated activity, but that does not
stop UK people actually using it, because that is obviously how
the internet works. He told his staff to “do everything” to
increase market share, and spoke about “know your client” checks
as being “unfortunately a requirement”.
The investigation by Reuters found that £2.35 billion was moved
around in this way for nefarious ends, but a couple of billion
pounds is just scratching the surface when we know that the
amount of money washing through the UK is in the hundreds of
billions of pounds. The UK plays a key role in this, and it is a
role that we must acknowledge, and we must take responsibility
for clamping down on this. We are getting nowhere near doing so
at the moment.
We know that roughly 40% of our crime is economic crime, yet only
0.8% of our resources in man hours are dedicated to tackling
economic crime, so there is a huge disparity. I think it is fair
to say that the figure of £290 billion a year is a conservative
estimate. It represents about 14.5% of our GDP as a cost to the
UK economy, yet the application of resources to it adds up to
0.04% of GDP. There is a massive gulf in the cost to society and
to this nation, as well as in many other ways. It is not just a
financial cost, of course. As I say, there is drug dealing,
people trafficking and all the things we are trying to tackle,
yet money goes out through the backdoor to all these illegal
enterprises.
Action Fraud reports on the impact on individuals, and I think
that all of us, as constituency MPs, deal with individuals who
have had money stolen from their accounts through things such as
authorised push payment fraud. Action Fraud is not the most fit
for purpose organisation on the planet. Anybody who has used it
knows that the information just goes into a black hole, which is
what Action Fraud is. It is going to be reformed, but just
changing something’s name does not make it work. However,
according to Action Fraud’s figures, £2.35 billion a year goes in
that kind of small-scale fraud, which damages our constituents
and small businesses directly.
(Weston-super-Mare) (Con)
I congratulate my hon. Friend and the right hon. Member for
Barking ( ) on bringing this important
debate to the House. Does he agree that to some extent our public
debate about this is stuck in a 1980s time warp? We are all still
talking about bobbies on the beat, when increasingly we need to
have bobbies behind screens, patrolling digital highways rather
than pavements. Without that, public trust in maintaining law and
order and maintaining the credibility of the system will continue
to be serious eroded.
That is absolutely right. My hon. Friend has much experience and
expertise in this area as the former Government anti-corruption
champion. He is absolutely right that we are tackling this in an
analogue way in a digital era, and that we need to look at it
completely differently. This is about enforcement and resources,
and understanding the scale of the problem and meeting that with
the right scale of response. However, we also need to look at
legislative areas, because there are things we could do to make
sure we get a better bang for our buck from our enforcement
agencies, rather than just have more and more people, and I will
talk about some other measures shortly.
On my hon. Friend’s point, at the moment 0.8% of our police and
enforcement agencies’ time is spent tackling economic crime. Of
the 20,000 new police officers who are going to be recruited, 725
are going to be dedicated to economic crime. That is better, but
it is still only 3.6% of that cohort, so he is absolutely right.
Her Majesty’s inspectorate of constabulary says that 90% of cases
of economic crime are not even looked at, which is shocking.
The FCA is responsible for controlling money laundering in our
financial organisations. Most of this runs through financial
organisations—not just through the likes of Binance, which are
shadowy enterprises—and I will talk about our main institutions
in a moment. For money laundering purposes, the FCA regulates
22,000 organisations, which is a huge number, of which 5,000 are
defined as high-risk organisations for money laundering. Last
year it did 200 checks—only 200 out of those 5,000—and some of
those were desktop checks, for money laundering. I would argue
that we are never going to be able to tackle this just by having
more and more people, although we do need more people.
This is not just about Binance. I am sure that, sooner or later,
we will catch up with Binance. At some point in time, it will be
banned, fined or something. In particular, the German regulators
and the US enforcement agencies are on to it. Binance is based in
the Cayman Islands, as Members might imagine. This is about our
UK institutions as well.
If we look at our banks, we see that they have a horrendous
record. HSBC was fined £1.4 billion for facilitating money
laundering for Mexican drug cartels—the Escobars of this world—in
2012. That was a £1.4 billion fine, and it was fined another £64
million in 2021 for facilitating money laundering offences. In
2019, Standard Chartered was fined £840 million in the US and
£102 million in the UK. In 2021, MT Global was fined £23 million
by Her Majesty’s Revenue and Customs for money laundering
offences. NatWest was fined about £260 million this year, which
was the first ever corporate criminal prosecution by the FCA. I
welcome the fact that this year is the first time this has ever
happened for historical money laundering offences. UBS has had
the biggest ever fine—£3.2 billion by the French authority in
2019.
Danske Bank has facilitated £200 billion of money laundering
offences, but it has not been fined yet. This has been
identified, and it will be fined for the £200 billion of Russian
money coming out of Russia and being spread around the world,
with it all going through small banks in Estonia via Danske
Bank—horrendous. We talk about how Putin funds his invasion of
Ukraine. He does so by keeping a coterie of people around him who
are stealing Russian assets and making him—there is no doubt
about this—the wealthiest person in the world. However, we are
facilitating this, because UK companies are involved in the shell
companies moving that money around.
I could cite other examples of economic crime from my involvement
with the all-party parliamentary group on fair business banking.
Criminal fraud at Lloyds HBOS was proven in 2017, and the
cover-up associated with that is an utter disgrace. We are yet to
see the Dobbs review, which later this year should identify the
scale of the cover-up by Lloyds of what went on at HBOS. We have
also seen the problems with Royal Bank of Scotland’s Global
Restructuring Group, which devastated tens of thousands of
businesses, in effect by defrauding businesses of their assets.
On all those occasions, all those businesses ever got was a fine.
Not a single senior executive in any of those cases has gone to
jail. What we need is personal liability or this stuff will just
be seen as a cost of doing business. That is the reality.
(Mid Sussex) (Con)
My hon. Friend speaks with knowledge and clarity about these
crimes, and about the impact on constituents and the global
impact—the two are very much interlinked. Many of my constituents
have been impacted, to the tune of hundreds or thousands of
pounds, which then filters into the global impact. How can we
tackle this problem without people feeling that the answers are
beyond them? We are talking about the global scale but this is
affecting individuals; the two are inextricably linked and people
want to see action.
That is the right question. These problems are not difficult to
solve if people are willing to apply the right rules. On the
money taken from my hon. Friend’s constituents, there is probably
an organised criminal gang behind that, contacting the
constituent, saying they should move the money, and when they do
that the money is probably moved through a mule account in one of
the major banks and then off somewhere else, offshore, and it
then disappears into the ether. The reality, of course, is that
the banks would clamp down on mule accounts if they had the right
incentive or the willingness to do so. These crimes can be
stopped, but people will not stop them until that is in their
interests to do so, and we need to make sure that is the case.
Yes, we need the enforcement and enough people, but we need the
people who are currently facilitating this, who are largely
UK-based in this context, to be willing to prevent it.
The UK plays a particular role in all this economic crime. It is
seen as a place where money is laundered, not necessarily where
it is kept, although that is different in the case of kleptocrats
or Russian oligarchs. The money is usually laundered in the UK
and then goes off to other jurisdictions, largely the US. That is
because of the consolidation of expertise in the City of
London—we should be very proud of the City—and the financial
organisations and the advisers who sit around them, who are also
culpable in this regard. We have strong regulation in some areas
and very weak regulation in others, particularly on offshore
regulation, where in the UK there is a particular relationship
between its domestic regulations and what happens offshore.
(Strangford) (DUP)
Banks are very strict with local customers, and rightly so, but
not with the movement of large sums of money, unfortunately,
including the £200 million sent from Estonia to Northern Ireland,
which I understand has been highlighted on “Panorama”. The
Government seem to focus on the ordinary account holders being
regulated strictly, but they do not seem to have any level of
regulation for the big money movements. Does the hon. Gentleman
agree that we need to focus on that bigger picture?
The hon. Gentleman is right. The regulations are there but the
penalties are not sufficient. The people within Danske Bank knew
that they were doing wrong when they moved €200 billion out of
Russia and into other parts of the world, but there was no
incentive to do anything about it because they made a huge amount
of money as it flew through their systems. A local manager, a
mid-tier manager or even a senior executive would think, “Well,
we’re making money and nobody’s going to find out, and if we are
found out there will be a fine down the line and I will have gone
by then anyway.” So where is the incentive to clamp down if they
are going to make lots of money out of it? After all, everybody
has budgets and targets to hit, and bonuses on the back of them.
That is the problem: the penalties and enforcement need to be
different.
Another key reason why money is washed through the UK is that we
have the overseas territories, tax havens that work on the same
basis of common law—Jersey, the Cayman Islands and the British
Virgin Islands. Money launderers do not want to pay tax on their
money, so they put it through a jurisdiction with low or zero
taxation. That is why the UK plays a major role in facilitating
this, and also why it must play a major role in clamping down on
it.
We do not do clamping down very well here, however. Our
enforcement agencies have success in some regards, but they are
nowhere near as successful as other jurisdictions, for example
the USA, which is far more focused on this. The US has similar
bribery laws to the UK, introduced in 2011. In 2020 the US fined
organisations in the US £1.85 billion for bribery offences, which
is more than the UK has fined in 10 years. The situation for
money laundering sanctions is very similar: in 2019 the UK fined
our banks £260 million in the entire year for money laundering
offences, while the US fined £7.5 billion, including £2.5 billion
of criminal sanctions. Almost every one of our agencies is
underfunded and under-resourced in tackling this problem.
What do we need to do? My colleague the right hon. Member for
Barking will talk about some of the measures, but I will focus on
the key things that I think we need. We must ringfence a budget
for tackling economic crime right across the piece in the UK, to
see exactly how much we are spending on tackling organised crime.
We need fewer agencies, too; the effort must be more consolidated
so the lines of reporting are less fragmented and more
direct.
Action Fraud must not just be a rebadged enterprise. It needs to
be meaningful, and people need to have confidence that the
offences reported to it will be dealt with. I was recently nearly
scammed through WhatsApp when I thought my son had contacted me,
but it was another person. I wondered whether to report it to
Action Fraud, but I thought, “What’s the point? It’s not going to
do anything about it.” That is why people do not report such
incidents. Clearly, therefore, there are many more offences than
the number reported.
The No. 1 thing we need to do is something the Government have
talked about. We already have a failure to prevent offence. There
is corporate criminal liability in the UK if people fail to
prevent bribery in their organisation—that offence was introduced
some years ago, I think in 2011—and also an offence of failure to
prevent tax evasion. People cannot just stop that happening; they
have to put the rules in place to stop it happening. The key
thing is what they can do to stop this. They therefore put
systems in their organisation to alert them to certain things
happening, and they train staff that they cannot get involved in
bribery or facilitate tax evasion. We need to extend that to
failure to prevent economic crime.
The Government have been talking about this for some time, and
the Law Commission has reported on it. It said we should
introduce such an offence but probably for fraud alone, not for
money laundering or things like false accounting. I think that is
a big mistake. It is also very mealy-mouthed on including
personal liability for directors; it says it could be added if
they have the mental something—what is the word?
(Bromley and Chislehurst)
(Con)
Mens rea.
Thank you; that is right, whatever it means in English.
A guilty mind.
Thank you. On that basis, only if it can be proven that the
directors had a guilty mind and were actually participating in
the fraud can they go to jail. That is the wrong approach, and is
not what the Health and Safety at Work etc. Act 1974 said. The
Act said that those who fail to prevent accidents in their
workplace could go to jail, and construction deaths dropped in
the following year by 90%. We need to put in place an offence
such that those who fail to take reasonable steps to prevent and
clamp down on fraud can go to jail, without it also being
necessary to prove that they deliberately facilitated the fraud.
That would make a fundamental difference.
We must support whistleblowers, too. Most of the information on
these offences will come not from our enforcement agencies or
investigations by regulators, but from people within the
organisations. Currently, those people are not protected—
Mr Deputy Speaker ( )
I remind the mover of the motion that the guidance says they have
up to 10 minutes, and the hon. Member has now spoken for longer
than that times two. Perhaps, with a bit of focus, he will now
bring his remarks to a conclusion.
I have so much to say on this; I apologise, Mr Deputy
Speaker.
Finally, as well as beefing up the numbers, we should consider
doing what we have done on unexplained wealth orders. Welcome
Government legislation that was brought forward in the last
Session capped costs for UWOs, and we should consider capping
costs for all prosecutions of economic crimes to stop very
wealthy individuals preventing our enforcement agencies from
taking them to court merely because they have huge financial
firepower that is much stronger than ours.
On that, I will conclude. I am very sorry, Mr Deputy Speaker,
that I have taken so long, but, as I said, I could talk for much
longer on this given the chance.
Mr Deputy Speaker
I remind the hon. Member that, at the end of the debate, he will
have two minutes to conclude, not four. [Laughter.]
12.49pm
(Barking) (Lab)
It is a bizarre day to be debating a really important issue. I am
grateful to the Backbench Business Committee for selecting it,
and it is a privilege to follow the hon. Member for Thirsk and
Malton (), with whom I am working
closely on many of these issues. I will say something a bit
general before moving on. Have I got 10 minutes, Mr Deputy
Speaker, or a little bit more?
Mr Deputy Speaker
You are not constrained. All I would say is to focus—
I will keep it tight.
It is shocking but true that it was the tragedy of the war in
Ukraine that got our Government to start thinking about the
serious threat that the country faces, in both our economy and
our society, from the spiralling menace of illicit finance and
all that goes with it. I have said many times in the House, and I
repeat today, that we will never enjoy sustained, good economic
prosperity on the back of dirty money. We earned the reputation
on which our superb, successful financial sector was built by
being a trusted jurisdiction, and we must maintain that. Today,
we are in danger of losing that trust.
The US sees us as a high-risk jurisdiction similar to Cyprus, and
Londongrad is becoming a popular term among many. We have moved
off our perch as the world’s leaders in fighting economic crime.
Moody’s has downgraded us, and we are slipping down the ranks of
Transparency International’s corruption perception index.
Everything is moving in the wrong direction. That is no surprise
because, as the hon. Member said, economic crime is now massive.
It costs the country £290 billion annually—more than a quarter of
the Government’s total public expenditure—and all of us who are
concerned with this area know that that figure is conservative.
The latest figures from UK Finance that came out last week
suggest that in 2020 there was an 8% increase in fraud, which of
course is the biggest component of economic crime.
Much illicit finance, but not all, comes from Russia, through
Russian companies and Russian individuals. As various Select
Committee reports on the subject show, for too long we have
turned a blind eye to the threat that Putin’s kleptocratic regime
poses to our economy. Why did we do nothing after the
assassination of Alexander Litvinenko in 2006, or after the
poisoning of Sergei Skripal in 2018? Those were two brutal
attacks on British soil.
We must add to that the findings of a recent report by Buzzfeed
News investigations, which established that between 2003 and
2016, there were 14 more suspicious deaths in the UK of
individuals who were hostile to the Russian state. I will mention
just three of them. Stephen Curtis, the British lawyer who helped
the laundering of money—potentially billions of pounds—in the UK
for wealthy Russian oligarchs, died in a helicopter crash in
2004. Alexander Perepilichnyy blew the whistle on a
multimillion-pound Government fraud in Russia. He flew to
Britain, and died of a so-called heart attack when jogging near
his home in Surrey in 2012. The coroner’s inquest said that he
died of natural causes, but evidence given, I gather, behind
closed doors for national security reasons said that there was no
natural cause determined. Some suspect that he was poisoned.
Boris Berezovsky, who made his wealth during the collapse of the
Soviet Union, was famous because he was key in supporting Putin
and getting him into power in Russia. In 2013, he was found
hanged in his home.
Those are only three of 14 cases, but in all of them the police
concluded that the deaths were not suspicious. There was no
investigation, or indeed any suggestion that those were Russian
state-sanctioned murders, although the US intelligence services
told our police that they thought the deaths were likely
sanctioned by the Kremlin. Were the police just incompetent? I
doubt it. Was there pressure from somewhere else—from either our
security services or our Government—to turn a blind eye to the
possibility that those were state-sanctioned murders? American
intelligence officials told Buzzfeed journalists that Russian
killers had been able to kill in Britain with impunity. They said
that one of the reasons for the reticence of enforcement agencies
to act was
“a desire to preserve the billions of pounds of Russian money
that pour into British banks and properties each year.”
As we debate the failures of our enforcement agencies in tackling
illicit wealth, we should bear in mind that the problem goes well
beyond the funding, the skills and the effectiveness of the
enforcement agency. If we are really to eradicate dirty money, we
require action on a wide number of fronts, as the all-party
parliamentary group for fair business banking and the all-party
parliamentary group on anti-corruption and responsible tax have
said. We have put together a good manifesto that could form the
start of concerted action to rid us of this terribly bad thing.
We talk in the manifesto about action on four fronts. We need
smart regulation, much greater transparency, proper
accountability and enforcement. We are debating enforcement
today.
All those measures are interdependent, and I worry a lot that the
Government’s response through the economic crime Bill, which
should be with us in the autumn, will be too little and too
fragmented. Reform of Companies House, for which we have argued
for a long time, is necessary but not sufficient. So are reform
of anti-money laundering regulations, and an open register of
property owned by foreign countries. We need co-ordinated action
on many fronts if we are to clean up dirty Britain.
Today, we are focusing on enforcement. Our performance is
abysmal, our record in successfully bringing bad players to
account is miserable and our commitment to doing the job properly
is questionable. The evidence—the hon. Member already talked
about some of it—is overwhelming. The Bribery Act was introduced
in 2010, and in the UK we have had 99 criminal convictions and
six deferred prosecution agreements. The USA, with a similar
legislative framework, has had 236 convictions in the same
period. As I understand it—I could not find one, but if I am
wrong, I stand to be corrected—we have never pursued a criminal
prosecution against a bank for money laundering or sanctions
busting. We use civil measures, but never criminal ones. In 2019,
we had civil fines of £260 million. In the same year, the
Americans pursued criminal action against and secured £2.5
billion from just six banks, and they secured £5 billion in civil
fines.
As the hon. Member said—it is worth repeating, because it is so
shocking—the Financial Conduct Authority fined HSBC £64 million
in 2021 for AML failures, but nearly a decade before, it was
fined £1.4 billion in America for AML offences. Standard
Chartered is a British bank, so we ought to be the ones who are
really responsible for ensuring that it behaves itself. What do
we get from it? Fines for wrongdoing under anti-money laundering
regulations of £102 million. What do the Americans get? Over 800%
more: £842 million. Yet we know from the FinCEN—the Financial
Crimes Enforcement Network—files that too many of our banks and
too many individuals who work in our banks either passively
collude with economic crime, or actively promote and facilitate
money launderings. The banks that are implicated are so often the
biggest British-based banks: HSBC, Barclays, Standard
Chartered.
What we do in Britain is pursue the little businesses, the little
men and women who are trying hard to establish new businesses
here. That came home to me very much when I chaired the Public
Accounts Committee and we had the leaks relating to HSBC—they
were called the Falciani leaks. There were more documents
relating to British accounts than, I think, for any other nation.
There were 3,600 British accounts. At the time, the tax
authorities said to us that there was cause for concern with
about a third of those. Out of that third—about 1,200—they
finally found 150 cases. How many did they pursue? One individual
was charged. I could not find, in my search of Google, whether
that individual was ever convicted. Look at how other countries
dealt with it: every other country managed to charge more people,
fine more people and get some compensation. The only thing that
happened with us was that , now in the House of Lords,
was on the board of HSBC at the time and was responsible for the
audit committee. I cannot understand how anybody with that
responsibility could not have seen a red flag when looking
through the accounts from the Swiss branch of HSBC and seeing the
profits being secured. The only thing she said was that she
declared that the whistleblower was a criminal and that the only
thing that HSBC should do was pursue the whistleblower and try to
get him imprisoned.
Fraud is the crime that now affects one in 11 adults in the UK,
yet convictions for fraud have collapsed by two-thirds in the
past three years—cases up and convictions down. The number of
criminal cases the Serious Fraud Office, in which we had great
confidence, has under investigation has halved over the past
three years. There have been some disastrous failures in the
courts through the SFO with Serco and Unaoil, where it lost cases
simply because it did not share information in a proper way—it
failed to disclose relevant material to the defendants. There are
lawyers in the Chamber. I am not one, but I cannot believe that
it actually did that.
(Hammersmith) (Lab)
My right hon. Friend is making an excellent analysis of the
situation. At the moment, the SFO is itself being investigated by
a former Director of Public Prosecutions and being sued by the
people it should be investigating. It lacks the money, the
personnel and the powers to do its job. It has a £53 million a
year budget against hundreds of billions of dirty money. This is
a peashooter against an elephant, is it not? This needs reform
urgently.
I completely agree with those observations, which are so well
made.
The National Crime
Agency has dropped its prosecutions by 35% in the past five
years. The record of Her Majesty’s Revenue and Customs, which we
do not often talk about, is equally awful. It sees its purpose
entirely as simply getting tax revenues in. That is important,
but it also has a duty to ensure that anybody who acts unlawfully
in the way that they deal with the revenue authorities—or, more
seriously, evade tax—is pursued. Yet it simply does not see that
as part of its functions. Compare that to the Department for Work
and Pensions, where anybody who has an allegation of fraudulently
claiming benefit is pursued with vigour by the authorities in
that agency. A similar attitude should be taken to what I
consider the serious crime of deliberately avoiding tax and not
paying into the common pot for the common good.
There are some egregious cases of schemes dreamt up with no
purpose other than to avoid tax. One example was Working Wheels,
which hit my desk when I was Chair of the Public Accounts
Committee. In that instance, the person who wanted to avoid tax
pretended that they were selling second-hand cars. That created
money that then whirled through the system to create a debt,
which they were able to claim against the tax liability from
their legitimate earnings. Chris Moyles was persuaded that he
could become a second-hand car dealer. Telling people that you
are a second-hand car dealer is fraudulent. It is a fraud. And
why that is not pursued with the same vigour as somebody who
tries to lie about their circumstances to get a better benefit
settlement is beyond belief. One of our recommendations is that
HMRC should have an absolute statutory duty to pursue wrongdoing
with the same vigour with which it pursues getting money into our
coffers.
All the agencies are grossly underfunded. The Government trumpet
the £100 million they will get from the economic crime levy, but
that is peanuts when set alongside what the banks themselves
spend on anti-money laundering and what other countries spend.
Under Biden, the Americans have increased their expenditure on
enforcement by more than 30%, because they define it as a
security issue. What have we done here? We have had a real cut of
4.5%.
We have lots of ideas that would not require a call on taxpayers’
money. We could enable a percentage of the fines collected from
successful actions to be used to fund further activity and
staffing within the enforcement agency. We could follow the
American example and say that costs incurred by the defendant,
were we to lose cases, should in no way be met from the public
purse. Why should people against whom we allege wrongdoing in
relation to Government funding be allowed such a contribution?
One thing we will come back to is the sanctioning of individuals.
We have frozen the assets of a lot of Russian oligarchs, but we
have no mechanism to seize those assets. A move from freezing to
seizing—we are doing some work next week to look at the practical
changes that would have to be brought in to enable that to
happen—would release more resources not just for enforcement
activity but, in this instance, to help with the reconstruction
of Ukraine after the war.
Staffing must grow. For example, there are only 118 employees to
deal with more than half a million suspicious activity reports a
year that the agencies receive. By my arithmetic, that is 4,250
reports per official. In Germany, there are 500 reports per
official. In Australia, there are 1,400 reports per official.
They are all better staffed than we are here. This is so much an
invest-to-save activity. It is a nonsense that the Government do
not distribute their resources in a way that enables that to
happen.
There is also the chaos of our existing regulatory
infrastructure, which is fragmented. As the hon. Member for
Thirsk and Malton said, lots of stuff falls through the holes. A
lot of whistleblowers and people come to me with cases, and I
refer a case to one agency, which tells me to refer it to
another, and it then disappears and I never hear about it
again.
We must take on board the failure of the professionals to
self-regulate. There are too many bodies; 13 bodies supervise the
accountancy sector. The hon. Member and I met representatives of
one of those the other day. I think that they have suspended
seven people in the past year. That is a nonsensical figure in
relation to the activity that is taking place—the collusion and
facilitation of wrongdoing—so we have to sort out the regulation
of the enablers and the regulator. There is an overarching
regulator, which regulates all the regulators. That should be
sorted out and personal responsibility must be taken.
I will make two other points. The most egregious case that I have
come across—this is a comment on all our regulatory systems and
our failure to enforce—relates to Lebanon, where there was a
tragic explosion in a warehouse that had fertiliser, which was
supposed to go to Mozambique. That resulted in hundreds of
deaths, thousands of injuries and massive damage to property. A
few weeks after that occurred, I got a phone call from a Reuters
journalist with whom I regularly work. He told me that the
company that owned the fertiliser was British-registered. I gave
my usual comment about “hopeless, lax regulation” and did not
think twice about it. About three weeks after that, I got a
number of phone calls from people in Lebanon, the Lebanese Bar
Association and others. It emerged that the company had been set
up here as a UK-based company by a woman in Cyprus who was in
fact the company service provider. She put herself down as the
beneficial owner, but she obviously was not. She told HMRC that
it was a dormant company, but it obviously was not because it was
dealing in fertiliser. It then emerged that the real owners were
Russian-Syrians and that the fertiliser was going nowhere near
Mozambique, but to Assad to be used in barrel bombs to kill his
people. That is a shocking story, but it demonstrates how our
regulatory infrastructure and the failure of our enforcement
agencies damages the lives of people not just here at home but
abroad.
I have a final story, which, again, causes me great concern.
After the Kazakhstan tragedy—a demonstration against the
kleptocrats who run the regime where Russian soldiers were used
to fire at the crowds and people were killed—two British
academics came to me with their research, which demonstrated that
there were 30 individuals in Kazakhstan who were involved in
money laundering and human rights abuses and whom we should
sanction. I used the privilege of the House to mention the 30
individuals in an Adjournment debate and then sent the list to
the Foreign Office. A few days after that, I got a letter from
one of the people I had named, asserting his innocence.
Obviously, he wanted me to respond outside the House, so I
acknowledged the letter and did nothing more. I then got a second
letter with a phone call, asking whether we had received the
letter. My assistant said that we had. I then got a letter from
the desk at the Foreign Office asking me whether we had received
the letter, whether we were responding and what we were going to
do about it. I asked the Foreign Office why it was pursuing this
and on whose behalf it was working. It said that it thought that
it was important to facilitate relations between kleptocrats and
British politicians.
That is shocking and leads me to think: are the Government really
serious about bearing down on all the economic crime and
corruption that week after week, year after year, we talk about
in the House? If they are, they must pursue consistently and
vigorously every instance of it, and not just the Russian
kleptocrats—evil though they are—but kleptocrats elsewhere who
are stealing from and killing their people and creating
instability in the world.
1.15pm
(Cheadle) (Con)
I thank the right hon. Member for Barking ( ) and my hon. Friend the
Member for Thirsk and Malton ()—the chairs of the
all-party groups on anti-corruption and responsible tax and on
fair business banking respectively—for securing this important
debate. As chair of the all-party group for whistleblowing, I
also thank them for making the APPG’s proposal to create an
office for whistleblowers a policy recommendation as part of
their “Economic Crime Manifesto”.
The recently published “Economic Crime Manifesto” presents the
Government with good recommendations on how they can robustly
tackle economic crime. Taken together, the manifesto’s four
umbrellas for reform—transparency, enforcement, accountability
and regulation—work to stop economic crime from all angles and at
all levels. I ask the Government to give proper consideration to
the detailed proposals made in the manifesto, if they are
serious, as I know they are, about fighting economic crime.
The motion recognises the enormous cost of economic crime to the
economy of £290 billion a year. It calls for an economic crime
enforcement strategy and a restructuring of the fight against
economic crime. That is much needed and part of that, in my view,
is the office for whistleblowers. That office, which comes under
the manifesto’s “Accountability” heading, would go a long way to
supporting the detection of economic crime by supporting the
individuals responsible for detecting the majority of fraud.
The Association of Certified Fraud Examiners, in its 2022 “A
Report to the Nations”, found that 43% of fraud was detected
through whistleblowers versus just 15% by internal audit and 3%
by external audit. Whistleblowers are the single most
cost-effective detection tool yet, as it stands, there is little
to incentivise whistleblowers to come forward with information.
When they do, they face, at best, being ignored, stifled and
gaslit and at worst, having their careers and lives destroyed.
When an employee blows the whistle, they risk retaliation,
harassment, unfair dismissal and blacklisting and, as we have
heard in relation to some crimes, much worse.
Meanwhile, the bosses of economic crime gangs take money from
hard-working taxpayers and funding from much-needed public
services. Although the knowledge of having done the right thing
may be sufficient reward for many, it is the personal cost that
deters so many others. With little to look forward to but
possible pain and suffering ahead, is it any wonder that people
choose not to speak up?
To combat economic crime, we need a shift in society, where
people feel confident to come forward and are supported in doing
so. Disturbingly, the National Crime
Agency believes that just 20% of incidents of fraud are
reported. Although the Office for National Statistics crime
survey reports more than 3 million incidents of fraud a year, the
true figure could be five times that.
While a whistleblowing-positive culture will uncover more
economic crime that will need investigating, the office for
whistleblowers would support law enforcement. The office would be
responsible for setting, monitoring and enforcing standards for
the management of whistleblowing cases, would provide advice
services and a clear avenue for disclosures, and would direct
investigations and handle redress for whistleblowers. Although
the current whistleblowing legislation covers only employees,
anyone who blows the whistle—witnesses, contractors and many
others—would be supported by the office for whistleblowers. If we
want to combat economic crime effectively, we need to know about
instances of it, to understand the scale. If we want to
understand the scale, we need those with the information to come
forward. If we want people to come forward, we need them to be
able to do so without repercussions.
Serious and organised crime funds gangs and results in public and
private money co-mingling with drugs, human trafficking, arms
dealing and more. At a time when the state and individuals can
least afford it, billions of pounds are being funnelled into
illegal activities, despite modern and sophisticated crime
detection techniques. Despite Government efforts over recent
years, we are continuing to lose vast sums to criminals. That
suggests to me that a new approach to handling economic crime is
needed. I thank the right hon. Member for Barking and my hon.
Friend the Member for Thirsk and Malton for securing this
important debate; I am happy to support the motion.
1.21pm
(Birmingham, Hodge Hill)
(Lab)
I thank the hon. Member for Thirsk and Malton () and my right hon. Friend
the Member for Barking ( ) for bringing this debate to
the House and for all their work in bringing together the superb
set of proposals in the economic crime manifesto. It is an
important debate for us to have, even on a day like this, for the
simple reason that at the heart of every autocracy, every
dictatorship and every tyranny is corruption. Those who enable
that corruption enable dictatorship, tyranny and autocracy. Our
country led the industrial revolution and is a proud hub for the
global financial services industry. Just as we once destroyed
slave trading around the world, it is imperative that we destroy
economic crime around the world in the 21st century. That is why
the debate is so important.
I commend the all-party groups for the publication of their
economic crime manifesto. I draw the House’s attention to the
Foreign Affairs Committee’s contribution to the debate—our report
published last week. The conclusion that we reached, which is set
out clearly at paragraph 14, is a pretty damning indictment of
where we have ended up:
“The Government’s unwillingness to bring forward legislation to
stem the flow of dirty money is likely to have contributed to the
belief in Russia that the UK is a safe haven for corrupt
wealth.”
The ecosystem of wealth managers, lawyers, PR merchants, bankers
and estate agents who enabled Putin’s kleptocrats have
contributed to the strength of Putin in Russia and therefore to
the prosecution of war in Ukraine—that is the conclusion that the
Foreign Affairs Committee came to last week.
My right hon. Friend is speaking very well on the subject, as he
always does. We have heard that the oligarchs use Londongrad as a
playground, not just for leisure and lifestyle but for criminal
activity, because law enforcement is too weak. What adds insult
to injury is that when journalists and private investigators step
up to expose what is going on, they are subject to punishment
from the institutions of this country—the courts—through SLAPP,
or strategic litigation against public participation. The people
who are getting away with it are the people who should be in the
dock.
Exactly. My hon. Friend is absolutely right.
I will quickly run through five parts of the economic manifesto
that have to be at the core of the next economic crime Bill. One
of the virtues of having this debate today, at this moment of
great flux in our politics, is that I hope to put on the record
the cross-party consensus that now exists about the provisions
that need to go into economic crime Bill 2.
Many of us argued for a long time for the first Bill, which was
rushed through the House in record time for obvious reasons. Many
of the amendments that improved the Bill came from participants
in this debate. What we are saying to the Government today,
through the good offices of the Minister, is that the Bill did
not go far enough—it did not begin to touch the scale of the
problem. There is therefore an expectation that when the
Government draw together the provisions of economic crime Bill 2,
they will look at the economic crime manifesto, the Foreign
Affairs Committee’s report and the text of this debate.
The right hon. Gentleman is making an excellent speech. May I
recommend that the Minister —or the Minister responsible, when
that Minister is in place—also reads the Treasury Committee’s
report “Economic Crime”, which sets out recommendations similar
to those of the Foreign Affairs Committee?
The hon. Gentleman is absolutely right. The joy of the Minister’s
position must surely be that Members of this House have done the
heavy lifting for him. Between us, we have sketched out a pretty
comprehensive catalogue of measures for the Bill: we have not
quite put the clause numbers in, but I think we have set out most
of the measures.
Those measures have to start with information about the crime.
That is why we need the whistleblower provision, because
whistleblowers are so often the source of intelligence, and it is
also why we have to reform the suspicious activity reporting
regime. Not only does the regime need widening so that it bites
on more organisations such as estate agents but we have to find a
way of pooling the intelligence that comes from suspicious
activity reports and focusing on where we think the harm is
greatest. Our Committee has heard that loud and clear, not least
in New York last week, where our excellent consular team pulled
together a wide-ranging discussion for us. Lots of banks, law
firms and so on are saying, “Look, we are spending all our time
running platinum-plated processes, but without sieving the
information intelligently and focusing on the 0.01% of reports to
which we really should pay some attention.”
My hon. Friend the Member for Hammersmith () has drawn attention to the
way our courts are being used to shut down journalists, which is
the third piece of the puzzle. We need courageous journalists to
speak the truth; we cannot use English courts to shut them down,
as is happening in London.
There are some changes that we need to make to ensure that we
have good information and intelligence. We then need to ensure
that the regulator is in place. The argument about needing a
better Companies House has been well rehearsed; it is just crazy
that the “know your customer” provisions that bite on so many
commercial organisations do not bite on Companies House, so it is
recording directors with names like Mickey Mouse, and in some
cases not recording directors at all.
I fully agree that we need criminal liability for directors as a
third set of provisions. The hon. Member for Thirsk and Malton is
absolutely right to sketch out the parallel with the Health and
Safety at Work etc. Act, which requires people to identify the
harms of which their organisation may be guilty and put provision
in place to prevent those harms from happening in the first
place. Prevention is always better than cure.
We obviously need to transform enforcement. We need to double, at
least, the budget for the National Crime Agency
We need to match, at least, the money that the private sector
puts into law enforcement. We need to take steps to reduce the
costs, which is the only way to start getting unexplained wealth
orders through. In America they would love the power of
unexplained wealth orders, but we have had to explain that they
are currently useless because we just cannot prosecute them
successfully through the courts.
On top of that architecture, we need to create one further set of
offences to tackle the problem that in cases of corruption, the
evidence that our agencies need is not carefully organised and
filed away in Britain; it is offshore in jurisdictions where it
is not available to us. When we cannot onshore the evidence, we
have to somehow onshore the offence. We need to think about
creating tough obligations on enablers, on company directors and
on politicians in this House and the other place to declare
anything that is suspect or corrupt. We almost need a suspicious
activity reporting regime that allows us to prosecute people for
failing to disclose things that they should be disclosing. That
needs to carry a sanction which leads to civil proceedings for
confiscation of assets. Unless we find a way of onshoring these
offences, we will continue to be bedevilled by the problem of
getting hold of the evidence that we need.
Out in the world, people are asking why on earth this place has
not acted on economic crime. It is understandable that people
should draw a connection between the flood of dirty money into
our politics and our failure to act. It is a matter of tremendous
regret that more than £7 million of the £54 million that has gone
to the Conservative party in high-value donations has come from
individuals with very suspect links to Russia.
Ehud Sheleg, who has been discussed in The New York Times, is
deeply connected commercially with his father-in-law, Mr Kopytov.
The New York Times recently revealed the way in which money came
from his father-in-law to Mr Sheleg as a result of business
activity in Russia—that was in the suspicious activity report—but
when a number of us reported it to the National Crime
Agency the NCA just said, “Well, it has come from the bank
account of a UK citizen; nothing to see here.” That is nuts, not
least because there is now further evidence that Mr Kopytov is
closely linked to business in occupied Crimea, and that money
from that Crimean business went into Mr Sheleg’s account in 2018.
Worse than that, Mr Sheleg’s father-in-law is now closely
connected commercially to Alexander Babakov, who has been
sanctioned by countries all over the world.
It is not a good situation for any of us when we have to raise
concerns of this kind in the House, not least because we in the
House will make mistakes. During a debate on 17 January, for
instance, I said that Yuriy Lopatynskyy had questions to answer.
I am glad that he has now answered those questions, and has given
me reassurances that he has never had links with the Russian
intelligence services. I am glad to be able to accept those
assurances, and to apologise to him for any distress caused.
However, it is not a good situation when we do not have
regulators, intelligence agencies and police services that are
able to tackle this kind of dirty money.
Dmitry Leus, I am afraid, is another example. There is clear
knowledge of his recruitment by the FSB, who got him out of
prison. He has a criminal record in Russia., and according to
intelligence sources that I have seen, he is
“absolutely dependent on the FSB”.
However, he is also a significant donor to the constituency of
Esher and Walton, the home of—I am not quite sure what position
he is in at the moment, but he was Deputy Prime Minister last
time I looked. The donation that went to the Prince of Wales’s
charity was returned, but the Conservative party has not returned
its donation.
We are not in a good situation when we are having to discuss this
kind of money coming into political parties, and I therefore hope
that the future economic crime Bill will ensure that the only
money that can come into a political party is from profits that
have been created here, in this country.
Let me end by again thanking the hon. Member for Thirsk and
Malton and my right hon. Friend the Member for Barking for
initiating the debate.
1.33pm
(Bromley and Chislehurst)
(Con)
I congratulate my hon. Friend the Member for Thirsk and Malton
() and the right hon.
Member for Barking ( ) on securing the debate, and
on the reports produced by their all-party parliamentary groups
on fair business banking and on anti-corruption and responsible
tax. Much of the debate so far has focused on what might be
termed high-level and high-profile international and economic
crime. I understand that, and I will touch on it briefly, but
then I want to move on.
In relation to those very high-level matters, we definitely need
to do more to tighten the rules on money laundering. I agree that
the Bill that became the Economic Crime (Transparency and
Enforcement) Act 2022 was much improved in the course of its
passage, and we should certainly seek to tighten and improve the
provisions of the second Bill when it comes before the House.
We also need to do more about corporate criminal responsibility
and liability. The issue referred to by my hon. Friend the Member
for Thirsk and Malton relates to what, in law, is called the
identification test. It concerns the mens rea, or guilty
knowledge, of the “controlling mind and will” of a company, and
the requirement to identify that controlling mind and will—a term
which, in practice, has tended to mean only a very small cadre of
senior managers, which makes it impossible to make the company
liable for acts carried out by anyone who is other than part of
that controlling mind and will, the very tight-knit group at the
top who may be carrying out fraudulent acts for or on behalf of
the corporate entity. The system is different in other
jurisdictions, including the United States, and reform in that
regard would be helpful and sensible. As the right hon. Member
for Barking pointed out, it has proved easier in practice to
prosecute small companies than to prosecute large ones, because
the management structures of the large companies are often more
diffuse, and under the current law it is therefore harder to
identify those who constitute the controlling mind and will.
An extension of the duty to prevent offences would also be wise,
and the Law Commission has recommended it in relation to fraud,
but I think we should be open to going further. My one caveat,
which I think the Law Commission flags up in its options paper
which it published month, is that there is not always an exact
analogy between health and safety at work offences and fraud
offences. To convict for fraud, there has to be the additional
element of dishonesty, either knowledge or “connivance”—a term
that it often used—and, of course, dishonesty is not always a
requisite element of the offences under the Health and Safety at
Work etc. Act 1974. A distinction may need to be drawn, and I
think we have not gone as far as we could have. I am not saying
that we cannot look at this, but I think it is important to bear
that distinction in mind.
Would my hon. Friend care to venture an opinion on the Law
Commission’s recommendations concerning the potential for fixing
the “controlling mind” legislation and legal approach? Could that
be improved sufficiently to provide a decent alternative to the
“failure to prevent”, or is it fundamentally unfixable, and would
such a path therefore not lead to success?
The Law Commission often offers a sensible way forward, and I
urge the Government to adopt those recommendations and try to
implement them swiftly. This involved considerable work and a
great deal of expertise and advice, and I see no reason for us
not to move on the “controlling mind” test quite quickly, even if
we needed to look a little further at the “duty to prevent” test.
Neither of those is unfixable. They offer a sensible way forward
in relation to the “controlling mind” test”, and I hope the
Government will act.
The other matter I want to raise in respect of larger-scale
frauds is the work of the Serious Fraud Office. It certainly
involves controversy, and there are some issues to which the SFO
needs to respond in relation to the conduct of certain cases. I
hope very much that we will see the full publication of Sir David
Calvert-Smith’s report on one of those cases. On the other hand,
to its credit, with a staff of 250-odd, the SFO has secured for
the Consolidated Fund, through payments under deferred
prosecution agreements—of which there are now 12—the recovery of
some £1.6 billion. If a modest percentage of that were
ringfenced, and, rather than going back to the Treasury, were
held and reinvested in the budget of the SFO and allied
crime-fighting agencies, that would be a massive step forward in
providing it with the resources with which to deal with serious
international and corporate crime.
In one of the cases that we spoke about recently when the Justice
Committee visited the SFO, the disclosure material involved some
1.9 million documents. Dealing with those is a massive task. The
SFO could invest in more artificial intelligence for searching
documents. There are some legal complexities surrounding that,
but it is doable, and is already done in commercial civil
litigation. However, it is necessary to invest in it. If some of
that money from the deferred prosecution agreements were
ringfenced and reinvested, it would be money very well spent.
Having spoken about those large-scale matters, I hope that we
will not forget that there is a great deal of “small-scale”
fraud—small-scale in the global picture, that is, but very big
and important to the victims of fraud. The Justice Committee
recently conducted a number of hearings on fraud in the justice
system. The message of the evidence we heard from Victim Support
was “Do not think that fraud is a victimless crime, which is all
too easy to do”. That view was supported by the Association of
Police and Crime Commissioners, which reported that some 74% of
fraud victims were emotionally impacted by the crime. At the very
least, someone will feel that they have been made an idiot of;
more often, they will have lost what may be a small sum of money
for a bank, but is a lot of money to them. They will feel
vulnerable thereafter, almost betrayed. So this is not a
victimless crime, and we should never allow it to be thought to
be so. This is coming from the people who have been talked to
because they have reported the offence of fraud. There are
estimated to be 3.7 million incidents of fraud but according to
Her Majesty’s inspectorate of constabulary and fire and rescue
services, the majority of them are not reported. We need to do a
lot more on that everyday fraud.
The hon. Gentleman talks about this subject as well as about the
major frauds. I was shocked to find out that in 2020-21 fraud
accounted for 39% of all crime and that the average investment
fraud deprived the victim of £14,000, which is a significant sum
of money to an individual. Is it part of the problem that we are
not taking this seriously enough? If we were, we would no longer
be relying on Action Fraud, which I thought the Government had
agreed to wind up and replace with something effective.
It is extraordinary that fraud accounts for nearly 40% of all
crime but only about 20% of police resources go into it, which is
disproportionately low. The hon. Gentleman is right about the
failures of Action Fraud. Every one of us will have seen that in
our own constituency caseloads. It is clear from the evidence
that we heard that Action Fraud is not working effectively. The
stats told us that 876,000 frauds were reported through Action
Fraud, CIFAS and UK Finance in 2021. On average, about seven
frauds per minute are being committed. Of those 876,000, only
about 58,200 were then disseminated for further investigation,
and about 28,700 were passed on to the police National Fraud
Intelligence Bureau, which sits behind Action Fraud. So even if
someone gets through and gets anything done, only a small
percentage of the cases are acted on. Ironically, for people who
can get their case to court, the conviction rate is about 85%,
but only a tiny percentage get to court. We have to do an awful
lot more to get these cases to court in the first place, and that
means much better treatment of victims and witnesses in those
fraud cases.
The chair of the Bar Council, Mark Fenhalls QC, has said that
“this country has to decide whether or not it is interested in
taking on the issue of fraud.”
The chief executive officer of CIFAS, Mike Haley, said it was
surprising that
“there is no national strategy for fraud. There is an action
plan, but it is a plan without a strategy.”
It would not be a bad thing for Ministers to upgrade the action
plan into a proper full strategy and to have a Minister with
overall responsibility for that action plan.
We need to look at the role of the financial institutions in high
street fraud and credit card fraud. Often they are running very
profitable retail credit card operations. Perhaps they could make
a small investment and show willingness as responsible business
people to contribute more towards anti-fraud measures. That might
be regarded as a sensible and responsible type of business
activity to assist with the significant costs that people have to
meet.
We have to recognise that it is not just the big frauds that are
international. The CPS, giving evidence to our Committee, stated
that 75% of the fraud crimes that it prosecutes have an
international element. That does not mean that they are Russian
oligarchs or kleptocrats. It might mean that they are coming from
foreign servers, for example, or they might be foreign-based
scammers hitting not businesses but individuals through insurance
fraud, scamming bogus products and so on, while based overseas.
We need to find ways of improving our international co-operation
around tracking down those matters. This all indicates that
although good work is being done, it is not being done at the
scale that is necessary or commensurate with the level of the
problem and the harm that is done. There is the economic harm,
but I stress that there is also social and personal harm, as the
Committee heard. I hope we can use the upcoming opportunities to
redouble these efforts, and this debate is very timely in that
regard. I commend the reports from the all-party parliamentary
groups, and I hope the Government will take on board the
responses that we will be sending to the Ministry of Justice and
the Home Office from the evidence we drew up only recently, as a
spur to further and co-ordinated action. That is the most
important thing.
1.44pm
(Strangford) (DUP)
It is a pleasure to follow the hon. Member for Bromley and
Chislehurst ( ). He always brings a wealth
and breadth of knowledge to these debates and we thank him for
that; it certainly adds to the focus and the direction in which
we wish to go. I also give my sincere thanks to the hon. Member
for Thirsk and Malton () and the right hon.
Member for Barking ( ) for their contributions.
They have been terribly helpful to the debate today and we thank
them for that. Others have contributed as well, and they have all
added their experience and knowledge to the debate.
The Government stated in July 2020 that economic crime
represents
“a significant threat to the security and the prosperity of the
UK … This has a significant impact on the UK’s economy,
competitiveness, citizens and institutions”.
It is therefore imperative for our own economic progress that we
have an efficient strategy and proper guidelines to enforce
punishment for economic crime. All right hon. and hon. Members
who have spoken have indicated the direction in which we want to
go and what needs to be done.
I would like to start with some figures, to give a real insight
into the depth of economic crime in the UK. A total of 14.5% of
the UK’s annual £2 trillion GDP is taken in economic crime. That
gives us an idea of the magnitude of the issue. Some £190 billion
of our losses come from fraud and a further £100 billion from
money laundering. London has been described as a laundromat for
corrupt money, and in 2019 the Treasury found many failings in
relation to legislative guidance on tackling economic crime. We
must do more to ensure that the resources are there to tackle
economic crime properly. They are clearly not up to scratch at
the moment, hence the billions of pounds that have been lost to
theft over the last period of time. I very much look forward to
the contributions from the shadow Minister and, in particular,
from the Under-Secretary of State for the Home Department, the
hon. Member for Torbay (), who will endeavour to answer
our questions, as he always does.
In response to Russia’s invasion of Ukraine, the Government
fast-tracked the Economic Crime (Transparency and Enforcement)
Act 2022 to crack down on the elites and the dirty money in the
UK. As a result of today’s debate, I hope that the Minister will
give us an update on where we are, how the situation has improved
and whether we can take any other steps here in the United
Kingdom of Great Britain and Northern Ireland to do better. The
Government must make tackling economic crime a much higher
priority, especially as it is a threat to our national security.
We had some discussions on that in the urgent question this
morning, and we have had other discussions in this Chamber and in
Westminster Hall on the same issue.
We have seen some of the most intensive sanctions in our history
imposed on Russia to ensure that oligarchs and business owners
cannot operate in an illicit manner outside their own borders.
That is an important and welcome step, but given that economic
crime accounts for some 40% of all crime in the UK, there is more
regulatory action that we should take. We must have a strategy
that encompasses all of the United Kingdom of Great Britain and
Northern Ireland. The hon. Member for Thirsk and Malton referred
to the “Panorama” programme and to the dirty money that came from
Estonia right across Europe and ended up in one of the banks in
Northern Ireland. In my intervention I referred to regulation for
domestic customers, which is clearly there. I understand the
reason for that regulation and I am in no way saying that it
should not be there, but I have to question just how this can
happen. Is it down to the bank? It happened to be the bank that I
am a member of—I know some of the regulations the bank enforces
on its customers because I am one of them. I understand that, but
when I hear about £200 million moving across, it concerns me.
Paramilitarism in Northern Ireland has been significant in money
laundering and in the criminal activity that it is involved in,
whether it be money lending, protection money, drugs or, in the
case of the IRA along the border, fuel laundering. The Government
have made significant attempts to address all those issues, but
many of those paramilitary groups have bought properties and
businesses across the whole of the United Kingdom. I would love
to see more attention being focused, through the legislation, on
those paramilitary groups, who are criminals living off the backs
of the local communities that they say they protect. They do not
protect them; they take advantage of them and brutalise them. As
a Northern Ireland MP, I am keen to see how this legislation can
squeeze the paramilitaries, on both sides of the community in
Northern Ireland, who are taking advantage of good local
people.
We also need to consider the impact of cryptocurrency. I am sure
that there are many cryptocurrency experts in the House, but I am
not one of them. I have little or no knowledge of cryptocurrency.
I am old-fashioned in preferring to use cash if at all possible,
although I now use cheques and credit cards following covid-19,
but cryptocurrency is becoming a more popular mode of finance
among younger generations.
Not a week goes by when I do not see a story in the local or
national press warning about cryptocurrency. I am not sure
whether those warnings are heeded or whether there is regulation
to ensure people are not caught by its sting. The Minister will
give us his valuable knowledge of cryptocurrency and what is
being done to regulate it, to monitor those involved and to
ensure that our constituents do not find themselves in bother.
There must be proper regulation of crypto-assets, with intensive
efforts to ensure that people are not misled by the thousands of
online scams. It is all too easy to make an onscreen decision,
but people need to be aware that the decision is made once the
button is pressed.
Consumers lost £754 million to online scams in the first half of
2021. I have been contacted by numerous constituents who have
been victims of scams, and I suspect that others in this House
will also have constituents who have been victims. Unfortunately,
probably not a week passes without someone in my constituency
finding themselves the victim of a scam, whether it is successful
or whether it is stopped in time. The police issue a statement in
the local press back home every fortnight warning of the latest
scam, whether it is people knocking on doors or online scams.
People are fairly trusting, by and large. More often than not,
the people who are hacked or who find themselves the victim of
online scams are of an elderly and vulnerable generation. A few
months ago, an elderly gentleman in my constituency lost some
£30,000 of his savings to a scam by being trusting. These things
happen regularly, and the Police Service of Northern Ireland
regularly advises people to be careful.
People should be careful with their information and when using
online bank accounts. People are not aware of how much fraud
there is in the UK. Our focus is often on large-scale dirty money
and money laundering involving oligarchs—the hon. Member for
Thirsk and Malton mentioned the “Panorama” programme—and we
forget about normal consumers who have their money taken every
day and every week. The House must do due diligence to ensure
that people are aware of the scale of the problem.
I will now conclude and give the Front Benchers the time they
deserve. I welcome the numerous actions that the Home Office, the
Treasury and the Minister have taken to ensure more efficient
regulation and checks against economic crime. However, we have
seen substantial sums of money coming to the UK through fraud and
money laundering, so severe action and regulation is needed. We
must ensure that the Treasury allocates the correct sustainable
funds and staff to enforce proper punishment against economic
crime, which is ever-evolving and becoming increasingly
advanced.
I call on the Minister and the Government to take this into
consideration, as I know they will. I am sure the Minister will
answer some of our concerns. As we look to future policies to
tackle economic crime, I praise him and the Government for all
their work thus far. We need to be smarter than those who try to
outsmart us.
Madam Deputy Speaker ( )
I call the SNP spokesperson, .
1.54pm
(Glasgow Central)
(SNP)
It is a pleasure to come to the House this afternoon. Even with
all the chaos and politics outside, we have come together to have
a very good debate and to share comprehensive ideas and solutions
to the ongoing issue of economic crime.
I thank the hon. Member for Thirsk and Malton () and the right hon.
Member for Barking ( ) for coming together to
secure this debate. We often all agree whenever we have such
debates, and it is for the Minister to respond to our
comprehensive agreement and suggestions. I have often been in
discussions on economic crime in which all the experts in the
room have solutions but the Government are way behind in
implementing them. I urge the Minister to work with his
colleagues and others to bring those experts together so that we
can get to some kind of solution. It feels like we have been
talking about this throughout my time in Parliament, and there
has been relatively little action.
Enforcement is crucial. The Government can have the best rules in
the world, but if they do not follow through with enforcement, as
they have not in many cases, there is almost no point in having
those rules at all. If criminals realise that they are going to
get away with it, the rules do not matter. I am sure the Minister
will address what has been said about the Financial Action Task
Force but, again, there is a gap between the rules and the
enforcement; between what the FATF has said about the UK and the
UK regime and the actual reality on the ground.
A number of Members highlighted that things move fast in this
area. The hon. Members for Thirsk and Malton and for Strangford
() both mentioned crypto-exchanges and
cryptocurrencies, which is a fast-moving and fast-developing
situation that means money can move away from people very
quickly. Tracing that money then becomes incredibly
difficult.
It strikes me that perhaps the Government need to get further
into the expertise of this sector, because the criminals who do
these scams and financial crimes are always several steps ahead
of the Government on the technology, skills and expertise. It
takes the Government and legislation an awfully long time to
catch up with the fraudsters’ expertise.
The issues with Action Fraud—or inAction Fraud—have been set out
very clearly by many people. It has been a problem for years, and
I understand that the Scottish Government do not pay into Action
Fraud because they do not see the value. They get nothing from
it, so instead they look to our police force to deal with fraud.
I will talk a wee bit about that, too.
We have a crime campus at Gartcosh just outside Glasgow. When
Assistant Chief Constable Patrick Campbell gave evidence to the
Treasury Committee as part of its economic crime inquiry in early
2021, he talked about the value of the crime campus. There are 27
enforcement bodies in one location, so people can speak to each
other as they go about their business. They are made to
communicate because of the useful way in which the campus is set
up.
Patrick Campbell also talked about Scotland’s economic crime and
financial investigation unit, detailing that 150,000 officers are
tasked with serious organised crime and high-level fraud, and
17,000 people are gathering that information on the frontline and
making sure that people know where to report these crimes. That
contrasts with the fragmentation across the plethora of UK
agencies, as the Treasury Committee’s report highlighted. Nobody
has proper responsibility and proper oversight over economic
crime in the whole UK, which really shows when it comes to
enforcement.
Some very good suggestions have been made, and I would welcome
more executive responsibility and liability for economic crime. A
duty to prevent economic crime is crucial, and a good comparison
was made to the Health and Safety Executive. Because nobody is
responsible or accountable for economic crime, it is difficult to
see anybody doing anything about it. I would extend that to
social media companies—some of the evidence we took in the
Treasury Committee reflected this—because they are where an awful
lot of fraud happens these days.
I went to an event in this place with TSB Bank, which sent me
some more information about the levels of fraud on social media
platforms. It reported that between January and March, 70% of
that fraud came through Meta companies—24% on Facebook and 46% on
Instagram—with 4% on Snapchat and 23% on other social media
platforms. Why is Meta not being held to account for the fraud on
those platforms? It is not Facebook, Instagram or Snapchat that
have to pay up for such fraud, but the banks. That fraud is not
the banks’ fault. They are not facilitating it; the social media
companies are.
The hon. Lady makes an important point. The point about the
failure to prevent offence is, of course, that it does not just
apply to the banks; it could also apply to the companies she
talks about, which are facilitating the scamsters who facilitate
the crime. It could also apply to the senior executives in the
organisations she refers to.
I absolutely agree. The hon. Gentleman made a point about the
fraud coming through on his WhatsApp. There is a real problem
there; such fraud is taking place on those platforms. If they did
not exist, perhaps the fraud would happen in a different way, in
a different place. However, social media companies ought to be
taking real responsibility. TSB said that one of the highest
value incidents within the period I have mentioned was a £3,000
fraud carried out against somebody on a social media platform,
with the average amount of fraud being £415. That is a lot of
money for people to lose. Many people on social media might not
be on particularly high incomes, but they might buy and sell
across marketplaces. We see fraud where someone advertises a
games console, and when people pay the money over, it never
arrives, because it was literally just a picture of a games
console. Some people then try to pass that on to somebody else,
and more people get scammed. This is a real issue. TSB ran a
sample across a week and found that 67% of those purchase scams
were happening on Meta. The Government need to do an awful lot
more to understand the levels of such fraud, how it is happening
and how we should go about chasing it down. There is an awful lot
more that can be done in that regard.
I come to the issues that the right hon. Member for Barking
( ) so excellently and
comprehensively set out about kleptocrats, Londongrad and the
dirty money washing through the City of London and other places.
The Government should be seeking out the experts on that, getting
them to come in and exploring these things with them. I am
referring to experts such as Oliver Bullough and other
journalists who have done so much to expose this. Why is this
still happening? Why is it still being allowed? What
opportunities are there in the economic crime Bill to nail this
down and do more than the Government have done so far? Although
the first economic crime Bill was a welcome reaction, it was
pretty small scale, and an awful lot more needs to be done.
As I often say, more needs to be done on Scottish limited
partnerships, which have been used so well to facilitate such
fraud. It has spread, as it does—if we push down the bubble in
the wallpaper, it will come up somewhere else—to Irish limited
partnerships. What discussions have the Government had with the
Irish Government about what our failure to tackle this has done
to their limited partnership system? What progress and what dates
can the Minister give in respect of the register of overseas
entities? We have talked about that for years, and nothing has
yet happened. The Scottish equivalent has been set up and is
operating, and the UK Government are behind.
Let us consider the impact on the wider economic system, on
sanctions and on Russia. I understand that Bill Browder said this
week that the UK is the world’s biggest destination for dirty
money from Russia, and that
“there has not been a single Russian economic crimes prosecution
in the UK”.
Why is that? What are the Government doing to ensure that nobody
can get off scot-free?
I wish to talk briefly about Companies House, because I always
do, and I will continue to do so until it gets fixed. Companies
House is utter guff, and the register is full of complete
nonsense. Will the Minister meet Graham Barrow, an expert in this
area, to talk about the timescales and the process for reforming
Companies House? Graham Barrow pointed out that on Tuesday this
week, 4,063 new companies were registered at Companies House.
That is not a sign of a booming legitimate economy, but a sign
that something is very wrong with Companies House. For example,
Wendy Siegelman, a journalist in the States, pointed out that a
company was registered in Edinburgh in December 2020 under the
name of President Donald John Trump. When she flagged that up
with Companies House, the response was:
“The person was no longer President of the USA at that time.”
That is entirely missing the point; I do not think that Donald
Trump is living and registering companies in Edinburgh—I think he
is somewhere else in the world, doing other things just now.
Companies House should be taking these issues a lot more
seriously.
More seriously for the Government, of openDemocracy has
mentioned that fraudsters have been exploiting Companies House to
set up companies in the names of officials at the Ministry of
Justice and Her Majesty’s Revenue and Customs. This identity
fraud being perpetrated through Companies House should be of
great concern to the Government, not only because it is
government officials being affected, but because you, I or
anybody else, Madam Deputy Speaker, could be affected by a
company being registered in our name. We would then become
somehow liable for it, despite perhaps never knowing anything
about it. Companies House reforms are well overdue. It must be an
anti-money laundering supervisor in its own right, and it must
ask for verification of not only our companies, but
individuals.
I could talk for longer on this—I could talk until the cows come
home or we lose a Prime Minister, whichever comes sooner—but I
will leave it at that. There is an awful lot to be done on this,
and the Government need to listen to the experts. The Government
need to get them in, get them around the table and figure out how
to fix this properly, once and for all—or give Scotland the
powers to do so, and we will do so ourselves.
2.05pm
(Birmingham, Yardley)
(Lab)
It is a pleasure to be here. I would not normally be in this
debate, but what has happened with the National Security Bill
Committee, statutory instruments and various other things leaves
me here. I say firmly that I have learned a huge amount while
sitting in this debate. First, I thank my right hon. Friend the
Member for Barking ( ), a dear friend, for
securing this important debate, along with the hon. Member for
Thirsk and Malton (). I am glad that he took
on some of the technicalities about cryptocurrency. My husband
sometimes talks to me about that, but I cannot say I am
particularly across it. I say that to highlight a problem, which
has been raised by the hon. Member for Weston-super-Mare (): we in this legislature, and
in our law enforcement, are grossly behind, acting in an analogue
form in a digital world. The writing has been on the wall in that
regard for some time, and I fear that we have not kept pace at
all.
I could not agree more with what the hon. Member for Thirsk and
Malton said about Action Fraud. I believe it was the hon. Member
for Glasgow Central () who called it inAction
Fraud, which is a considerably better way to describe it. What
surprised me most was what the hon. Gentleman said about banks
that everybody in this country trusts being fined so much money
for laundering the money of Mexican drug cartels, among many
other things. He spoke for the nation when he expressed disgust
about there being no criminal charges laid against banks. The
public would be absolutely appalled to hear that, especially
given how ready our agencies are to chase up our constituents if
they fall foul of something, as many Members have pointed out.
His solutions were good and well thought through, and I am an
absolute fan of a preventive duty, as the Minister may well know.
I think we have to act to put preventive duties in place to
address those who are considering turning a blind eye and taking
the fines because they have big pockets. We need to firmly place
this in their wheelhouse.
My right hon. Friend the Member for Barking will be so missed by
this House when an election comes—that could be in the next 25
minutes—because she has been a giant in the fight against dirty
money. She said that there can be no prosperity for our country
based on dirty money, and that call should be taken incredibly
seriously. When she tells stories such as the one about the
situation in Lebanon, we cannot sit back and act as though the
receipts into our nation result in some sort of prosperity that
gives us a reason to turn a blind eye. I, as a British citizen,
along with every British citizen in my constituency, do not want
my country being used as a place to hive off the interests of
people who make barrel bombs for Russia and Syria to try to kill
people—people who then have to flee to my constituency. I never
want to hear a story like that again. Anyone who thinks that our
prosperity should rely on such activity ought to know that it
harms our nation, so we must act.
My right hon. Friend reminded us about the heinous run of murders
and suspicious deaths that are linked to dirty money. This is not
just about receipts, especially where Russia is concerned. It is
chilling that Russian killers have been able to kill at will in
the United Kingdom because of a reliance on dirty Russian money,
and she highlighted some of the cases. Just this morning, we had
to have an urgent question in this House because, at the height
of one of those murders—the poisoning in Salisbury—our then
Foreign Secretary and now Prime Minister met Alexander Lebedev
without officials and without putting anything on a public
record. These are dangerous instances; we are lying down in the
face of what is, as my right hon. Friend highlights, not just
dirty money, but murder and deceit.
My right hon. Friend reminded us that enforcement is abysmal. I
can assure her that she is not alone in calling it abysmal.
Enforcement in relation to all crime in this country is utterly
abysmal. It is no surprise to me that economic crime is falling
foul of the same dreadful regime—of falling charges, falling
convictions and failing cases. In the face of this, the NCA faces
cuts of 20%, so my right hon. Friend’s concerns about the
agency’s ability are not about to get any better. Both the hon.
Member for Thirsk and Malton and my right hon. Friend compelled
us to take seriously the recommendations of both all-party
groups, and the Opposition absolutely will.
The hon. Member for Cheadle () spoke about the importance
of whistleblowers. I totally agree with that, especially when we
hear about whistleblowers dying mysteriously. It is no small
thing to step forward about crime, but when we are talking about
organised crime, the highest level of protection is undoubtedly
needed. My hon. Friend and neighbour, the right hon. Member for
Birmingham, Hodge Hill (), made an impassioned plea. He
said that we in the UK should be leading the world on ending this
corruption; instead, we have advertised ourselves to Russia as a
safe haven, and much more must be done.
The Government’s economic crime Bill is long overdue. For far too
long, our country, and particularly our capital, has been a
hotspot for dirty money. The Bill does not need to be overdue,
from what I have heard in this Chamber today. All the amendments
and recommendations are out there. They have come from the
Justice Committee, as highlighted by the hon. Member for Bromley
and Chislehurst ( ); from the all-party groups
for whistleblowing and on fair business banking; from the Foreign
Affairs Committee; and from the Treasury Committee. Good work has
been done, so why is the economic crime Bill so overdue? The
illegal war in Ukraine and Russia’s aggression have brought that
into sharp focus, but let us be very clear that it should not
have come to this.
The National Crime
Agency said in 2020 that there was a “realistic possibility”
that money laundering alone in the UK amounted to hundreds of
billions of pounds annually. The first economic crime Bill was
delayed for years, with the Government blocking Labour amendments
that have reformed Companies House and left Russian oligarchs
with fewer places to hide. The hon. Member for Glasgow Central
highlighted very clearly what is going wrong in Companies
House.
Meanwhile, economic crime continues to rage across this country.
Fraud now accounts for more than 40% of all crime, as we have
heard, yet less than 1% of police resources goes to tackling it.
Millions of people are scammed every year, but, as with so many
other crimes, nothing is done. Only one in 1,000 fraud offences
is prosecuted, and the Serious Fraud Office secured only two
convictions in 2020-21—just two! That is one more than the number
of Government prosecutions for child trafficking, because that
was just one. Enforcement across the board is down on every form
of harmful crime.
Has the Minister ever tried to refer a crime of fraud? Many
Members have talked about their constituents and, in fact,
themselves. I can tell him that I have tried to refer such a
crime. There was literally a person using my name and my details
to book a hotel—I knew it was happening because, when they were
checking into the hotel, it appeared on my Google calendar. I
know that they checked in because I did the sleuthing. But when I
tried to report it, I might as well—I will not swear Madam Deputy
Speaker—not have bothered. I was able to ring that hotel, find
out that somebody had checked in—they were literally in the hotel
when this was happening—and yet nothing was done. I am a Member
of Parliament. Imagine what it is like for somebody who is not a
Member of Parliament. I got absolutely nowhere.
The hon. Members for Strangford () and for Bromley and Chislehurst both mentioned the
fraud strategy. Where is it? We are waiting for it from the Home
Secretary. I am afraid to say that, when it comes to fraud, the
Government and the Home Office have been missing in action.
I know that it has been a stressful day for the Minister. His
entire Government have collapsed around him. He is one of the few
Ministers left standing and one of the few Ministers who has not
had to cancel parliamentary business today, but, despite all of
that, I shall not let him off the hook. I hope that he will take
this opportunity today to answer a number of important questions,
many of which the Opposition have been asking for many months.
Will the second economic crime Bill, promised in the Queen’s
Speech, be introduced before the recess, or will it meet the same
fate as so many others? Will this Bill, like the Victims Bill, be
promised in multiple Queen’s Speeches before we even see it in
draft form? Will the Home Office finally bring forward a fraud
strategy—a promise that the Minister, although possibly not this
particular Minister, made months ago? Or, again, will this be
another broken promise?
Will the Home Office finally axe Action Fraud, which anyone who
has fallen victim to fraud, will know is a completely failing
service? If it does, will the Minister update the House on what
steps are being taken to replace it and whether the replacement
will be something that actually functions? Given the National
Crime Agency’s hugely important role in tackling fraud, will the
Minister rule out the 20% staff cut that the Government have
reportedly asked the NCA to make?
2.17pm
The Parliamentary Under-Secretary of State for the Home
Department ()
This is certainly an interesting day to be responding to a
debate. As is the case with the shadow Minister, this is not my
usual field, but I agreed to respond to this debate about a week
ago. [Interruption.] It is always nice to have those comments
from the Deputy Leader of the Labour party. It is always a
pleasure when she joins us.
I thank my hon. Friend the Member for Thirsk and Malton () and the right hon.
Member for Barking ( ) for securing this debate,
and all the other Members who have contributed. It was good to
have the rare chance of hearing from my good friend, the hon.
Member for Strangford ().
We all agree that economic crime poses a threat to the integrity
of our economy, and to the security and prosperity of the UK and
our allies. Let us not forget the innocent victims who suffer
both emotionally and financially at the hands of unscrupulous
fraudsters. Economic crime, as outlined by many who contributed,
affects more UK citizens more often than any other crime type,
and we have heard many examples of that today.
The UK has one of the world’s largest and most open economies,
and London is one of the world’s most attractive destinations for
overseas investors. Those factors make the UK attractive for
legitimate business and contribute to our prosperity, but the
Government accept that they also expose the UK to the risk of
money laundering via some of those processes.
The public/private economic crime plan published in 2019 provided
impetus and direction for our collective efforts in this area,
including strengthening law enforcement and increasing domestic
and international co-operation. There has been progress in
tackling the threat. For example, in recent years we have built
some key capabilities, including the creation of the National
Economic Crime Centre and substantial reform of the suspicious
activity reports regime.
As a number of hon. Members touched on during the debate, we have
enacted the Economic Crime (Transparency and Enforcement) Act
2022, introducing reforms to enable law enforcement to take more
effective action against kleptocrats who launder their funds in
the UK. We have also legislated for a levy on the anti-money
laundering regulated sector, which from next year will raise £100
million a year to help us to combat economic crime.
I hear some of the concerns expressed by colleagues about the
potentially fragmented nature of the enforcement landscape, yet I
would emphasise that that does not mean there is not joint and
co-ordinated working between the law enforcement agencies
concerned. The ever-evolving and clandestine nature of economic
crime requires a multi-agency response, drawing together the
relevant expertise, capability and resources to effectively
tackle this challenge head-on.
The Government believe that the National Economic Crime Centre
plays a leading role in setting strategic priorities for the
enforcement response to economic crime and bringing agencies
together. The NECC leads intensification campaigns to prevent,
prepare for and protect against economic crime and to pursue
those responsible for it. Co-ordinated by the NECC, the joint
money laundering intelligence taskforce serves as a world-leading
model of best practice, enabling tactical and strategic
intelligence sharing between the public and private sectors to
better tackle economic crime and support high-priority
operations. However, we recognise the need to go further, as many
hon. Members have set out.
I note the Minister’s theoretical description of what happens,
but the practice, for anybody who puts any allegation that we get
from whistleblowers into the system, is that it just gets passed
from one agency to another and it then falls down a black hole
and we never hear about it again. While theoretically
co-operation and co-ordination take place, in practice they do
not. The other thing I would say is that, if in practice the
system is working so brilliantly, why are prosecutions and
convictions down by so much when we know economic crime is going
in the opposite direction?
We would accept there is a need to go further and certainly,
following today’s debate, we look forward to the debates we will
have on the forthcoming Bill. From what we have heard today, I
think Members across the House will have thoughts, opinions and
valuable contributions to make on how we can strengthen our
regime, in both its legal construction and its direct impact.
We recognised in the 2021 spending review the need to invest in
this area. The economic crime levy, combined with public
contributions, is now an overall package of £400 million to
tackle economic crime over the next three years. In the wake of
Russia’s invasion of Ukraine, the National Crime
Agency established a new combating kleptocracy cell
specifically to combat corrupt elites, their dirty money and
those who enable them to abuse our financial system. We also
recognise that we need to further empower law enforcement through
the forthcoming economic crime and corporate transparency Bill,
which will be designed to tackle economic crime and protect our
national security while supporting enterprise. The Bill will
include much-needed reforms to Companies House and limited
partnerships, with additional powers to seize suspect crypto
assets more quickly.
I welcome all reforms of Companies House, but will the Minister
put it on a proper footing and make Companies House an anti-money
laundering supervisor in its own right, so that it does not have
to rely on third parties to fulfil that function?
We will set out the details in the Bill and we look forward to
the debates on it, but certainly we are clear that the registrar
of companies should become more of an active gatekeeper for
company creation and a custodian of reliable data, including
powers to check, remove or decline information submitted to it.
In her contribution, the hon. Lady rightly gave the example of
someone setting up a company in the name of “Donald Trump”.
Clearly that was not a legitimate company being
established—[Interruption.] Some hon. Members may have missed
that particular example.
Some of the changes are on identity verification. In my normal
role talking about immigration, we do quite a range of work on
ensuring that people can validate who they are and what their
status is, and we want to bring a lot of that practice into the
area of company formation to remove some of the worst examples we
have heard about today. I accept that many people will see that
as overdue, but it needs to be done and it is something we intend
to legislate on and bring forward as a key change to our
enforcement structure, to ensure there are fewer opportunities to
abuse the system of company registration here in the UK.
Comments have been made about the resources of the National Crime Agency
We have increased its budget year on year since 2019. Taking all
NCA funding into account, its budget has increased by 32% since
2019.
In response to concerns on corporate criminal liability laws,
which a number of colleagues picked up on in the debate, we have
sought to establish whether there is a case for change. I think
it was my hon. Friend the Member for Bromley and Chislehurst
( ) who referred to the Law
Commission and the review we asked it to undertake. As he rightly
says, it sets out several options for reform; he outlined his
view that he would like to see us accept them, and we are
assessing them. Certainly, that is something we specifically
asked the Law Commission to do because we believe it is an area
that needs careful consideration.
I know the Minister wants to assess the options, but he will be
aware that that debate has been ongoing for a number of years
now, well in advance of its referral to the Law Commission. The
matter has been debated in political circles and in legal and
judicial circles for a great deal of time and there is a huge
amount of information there, so I hope he can come to his
assessment very quickly.
Obviously, it would be tempting for me, at the Dispatch Box in
the current situation, to make a raft of pledges on behalf of the
Government about all the things I might like to see happen. At
this stage, I will say that I share my hon. Friend’s enthusiasm
for coming to a conclusion on our assessment fairly quickly.
My hon. Friend the Member for Cheadle () in particular talked about
whistleblowers. We recognise the value of whistleblowers’ being
prepared to shine a light on wrongdoing and we believe they
should be able to do so without fear of recrimination. I want to
make it clear that workers can seek redress through the
whistleblowing regime if they are dismissed or suffer detriment
because they have made a protected disclosure. It is worth noting
that uncapped compensation can be awarded by an employment
tribunal to reflect this.
If a whistleblower does not feel they can blow the whistle to
their employer, they may make a disclosure to a prescribed
person. There are over 80 prescribed persons and the Department
for Business, Energy and Industrial Strategy regularly publishes
guidance for them and updates the list of prescribed persons.
I appreciate the fact that the Minister is covering this brief.
On the point he makes, if whistleblower legislation works, then
why has my constituent Ian Foxley, who blew the whistle on GPT
Special Project Management in 2011—a company that was found
guilty last year and faced £28 million in financial
sanctions—been without a single penny of compensation or a single
penny of earnings for 11 years? The legislation is not broad
enough or all-encompassing, and it needs urgent reform.
As always, my hon. Friend makes a powerful case for going
further. He will be aware that the Government have committed to a
review of the whistleblowing framework, and we are considering
the scope and timing of that review. We would certainly be happy
to engage with him about how that could be taken forward
effectively, particularly given examples such as the one he has
cited, although he will realise that I do not necessarily want to
comment on individual cases from the Dispatch Box.
This has been a helpful and productive debate. I reassure
colleagues that the Home Office and the Treasury, when leading
the policy response for Government, ensure that we do so through
a governance structure that oversees activity across the system.
This is not the only area where our two Departments work together
in the national interest to deliver the overall objectives we
wish to see.
In closing, I again thank all right hon. and hon. Members for
their contributions to this debate. This is an immensely
important subject and an area in which we will shortly see
significant legislation brought before the House for colleagues
to scrutinise, examine and develop, as I know they will want to.
Certainly, from what we have heard in this debate, there will be
many positive and constructive engagements in that debate. That
is something we very much look forward to, because, as has been
said, this is not just about tackling crime; it is ultimately
about keeping our nation and its allies safe.
2.29pm
This has been an excellent debate. I thank all Members across the
House for supporting the application for the debate and for their
contributions, and the Backbench Business Committee for granting
it. I have learned an awful lot in addition to what I know from
having looked at this issue for some time. “Coalitions” is
perhaps a bit of a dirty word in the Conservative party, but I am
a big fan of them, actually. I invite everyone who has spoken in
the debate and anybody else interested in this issue to work with
our all-party groups on this agenda, because we are not going
away—we will make sure that future legislation is fit for
purpose.
It is fair to say that, for whatever reason, we have turned a
blind eye to this issue for too long. Ukraine has been an
eye-opener because we have suddenly realised what it means and
facilitates. I welcome the economic crime Bill mark 1, but mark 2
is coming along, with the reforms that will come from it. I urge
the Government to look at the economic crime manifesto and
include what they can in there, and also make provision in other
areas, particularly on failure to prevent, whistleblowers, and
beefing up, co-ordinating and strategising our resources.
It is great to see so much cross-party agreement on this. With
all the work of the Justice Committee, the Treasury Committee,
the Foreign Affairs Committee and our all-party groups, it
involves MPs and peers across the political spectrum. It is time
we opened our eyes. We have been a world leader in facilitating
economic crime; we now want to be a world leader in fighting
economic crime.
Question put and agreed to.
Resolved,
“That this House notes that economic crime costs the UK economy
at least £290 billion per year; recognises that law enforcement
agencies are significantly under-resourced to deal with the scale
of the problem and can be unwilling to properly enforce existing
laws; is concerned at the fragmented nature of the enforcement
landscape; and calls on the Government to bring forward an
economic crime enforcement strategy that allows for a significant
increase in resource to expand and restructure the fight against
economic crime, including money laundering and fraud.”
|