Economic Crime (Transparency and Enforcement) Bill

Debate between Stella Creasy and Iain Duncan Smith

Committee stage
Monday 7th March 2022 Commons Chamber

[Sir Iain Duncan Smith]

I am grateful to be called so early in the debate, and I rise to speak to the amendments standing in my name and those of colleagues on both sides of the House. I refer to amendments 24 to 27, and new clause 10. First, let me deal with new clause 10 and then come back to the main issues associated with the other amendments.

New clause 10 is really about the issue of debate in this House and being able to scrutinise properly the nature of what is being done or not being done to those whose ill-gotten gains are being used for purposes they should not be. It would place an obligation on the Government to schedule a debate on the annual sanctions regulations report. I know that the Government argue that that is the responsibility of the House, and of course it is, but it is also important that this provision would be specifically tied to this particular issue. There is a reason for that: it is too easy for Governments to find lots of reasons why they do not end up doing that debate or they schedule it somewhere else and it gets pushed away—I say that having served in Governments myself. The new clause would mean that within 10 days of the report there would have to be a debate. That is important as it opens this up to a proper debate and proper scrutiny. Therefore, I wish that the Government will give it further thought, but I will come to that later on, if necessary.

I return to the key area where I and others have tabled amendments. Amendments 24 to 27 are linked and consequential, but, crucially, they are linked to clause 31. Like others, I had concerns about that clause because it seemed to leave a back door open to any enabler to avoid any requirements for reporting by appealing to the excuse that they did not know that the assets or money they were dealing with had any link to any individual or entity. I draw the Minister’s attention to what clause 31 actually says. Subsection (1) uses the words:

“It is an offence for a person knowingly or recklessly”.

So the excuse is, “I didn’t know” or, “I’m not acting recklessly, because I didn’t know”. It is peculiar that we would want in a Bill a defence that someone may wish to use subsequently if they were in court. This will mean that they will never get to court if they challenge the Government.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

rose—

[Layla Moran (Oxford West and Abingdon) (LD)]

rose—

[Sir Iain Duncan Smith]

I will give way first to the hon. Member for Walthamstow (Stella Creasy) and then to the hon. Member for Oxford West and Abingdon (Layla Moran).

[Stella Creasy]

I thank my neighbour for giving way. Does he agree that many of our constituents will be looking at this and will be bemused, because when it comes to their own tax affairs they do not get the same leeway? They can be penalised for acting both recklessly and carelessly. So if we want to make sure that this legislation is watertight, we should take a lesson from Her Majesty’s Revenue and Customs and make sure that we are not giving people a loophole in that way, especially if they are oligarchs.