Corporate Structures and Financial Crime

Baroness Primarolo Excerpts

Thursday 4th July 2013 Commons Chamber

[Tessa Munt]

I thank the hon. Gentleman for giving way again. I wanted to draw it to his attention that the power has been used several times by the UK already to make the dependencies comply with other parts of regulation, so we could just require them to do what they should do. I would give as examples the banning of the death penalty, the rules on acceptance of homosexuality, and, on a slightly minor level, an acceptance that they should ban pirate radio.

[Madam Deputy Speaker (Dawn Primarolo)]

Order. The hon. Lady knows, because it is repeatedly pointed out to her by occupants of the Chair, that interventions must be brief. That was another very long intervention. I think she has made her point. While I am on my feet, may I also say to the hon. Gentleman that he has been speaking for quite a long time? This is a short debate and a lot of people want to get in, including, funnily enough, the hon. Member for Wells (Tessa Munt).

[John Mann]

Madam Deputy Speaker, my speech was already at an end, save for the final sentence. I did not wish to hog the debate with illustrations and proposals. I wanted to set some of the terms of the debate and implore those on both Front Benches to come forward with effective proposals, because this is a major issue for the UK economy and for our democracy.

--- Later in debate ---

[Helen Goodman]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Before the hon. Lady returns to her point, I am sure she is going to tell us how what she is talking about connects with financial crime. We are discussing corporate structures, tax evasion, money laundering and financial crime. The crime she was describing was serious, but she said there was a link between it and financial crime, and I would quite like to hear what it is.

[Helen Goodman]

Thank you, Madam Deputy Speaker.

Let me respond to the hon. Member for Dover (Charlie Elphicke). The companies that I listed have been inadvertently caught up in financing in this particular way, but the question for them is whether they have made it clear, publicly, that they do not wish to be financing the distribution.

In response to your point, Madam Deputy Speaker, the problem is that we have a system through which money is hoovered up in one way and can then be used to finance any other kind of crime—the crimes that I have described, but also those mentioned by my hon. Friend the Member for Bassetlaw. What we do not have from these organisations is any proper accountability that would allow us to get to the bottom of the issues and tackle them properly. It is extremely problematic that we do not have international agreements about how to deal with these internet companies when it comes to their taxes and their other behaviour. Although it is true that tax avoidance is a scourge and tax evasion is a crime, the industry’s use of these sites helps to promote other kinds of crime. I believe that there is a serious cultural issue about these companies that must be addressed.

--- Later in debate ---

[Several hon. Members]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I remind the two remaining Members who wish to speak that we are running out of time. So that we can hear the Front-Bench speakers, may I ask them each to take a maximum of six minutes? I will not put a limit on the clock, as they are both experienced Members who can judge it for themselves to enable us to hear the wind-ups.

--- Later in debate ---

[Mr Jim Cunningham]

The hon. Member for Daventry (Chris Heaton-Harris) has raised the issue of Coventry football club. I do not want to go too far down that road, except to say that the parent company should be investigated. It set up two sub-companies, one of which went into administration and was then given by the administrator to the other company. It is a ludicrous situation for the people of Coventry to find themselves in: the fans are up in arms, they do not know where they are going to play next season and all sorts of threats are being made.

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Before the right hon. Member for Leicester East (Keith Vaz) responds to that point, I remind Mr Cunningham that the courtesies of the House indicate that he should not enter a debate at the end and immediately intervene, because he has not been present at any stage during the debate.

[Mr Cunningham]

rose—

[Madam Deputy Speaker]

We will not discuss this now, but I am sure Mr Cunningham will remember it for the future.

[Keith Vaz]

I thought that my hon. Friend the Member for Coventry South (Mr Cunningham) was going to tell me that the directors of Coventry City were chewing khat. I did not realise that he wanted to make another point.

In conclusion, I say to the Minister: let us look at the proceeds of crime and the way in which financial structures protect them, and let us use effective action through the structures of Government and the financial agencies to try to make sure that the Mr Bigs pay back the money they have stolen.

--- Later in debate ---

[Sir Edward Garnier]

It is always so lovely to hear the hon. Lady, but I am actually addressing the shadow Attorney-General.

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Before the hon. Member for Islington South and Finsbury (Emily Thornberry) responds, I point out again that interventions made by people who have only just arrived in the Chamber, not having been present at any point during the debate, do not show the best courtesy to the House. I hope that all Members will bear that in mind.

[Sir Edward Garnier]

On a point of order, Madam Deputy Speaker. If I have caused any offence, I apologise. The reason I addressed the hon. Member for Islington South and Finsbury (Emily Thornberry) was that she and I have a joint interest in the matter. I am sure she did not take offence.

[Madam Deputy Speaker]

Thank you, Sir Edward, but you are continuing the debate. Your point is on the record, but we are now eating into the Minister’s time. I understand that he does not mind, so I call Emily Thornberry to conclude her speech.

[Emily Thornberry]

I am grateful to the hon. and learned Member for Harborough (Sir Edward Garnier) and appreciate his expertise in the matter, but I actually did say that immediately before he came into the Chamber. I am glad that there is now cross-party agreement, and I urge him to ensure that his party’s Front Benchers adopt my ideas. Now is the time to move on in relation to fraud, and I believe that companies should be held liable for the fraudulent activity of individuals, building on the Bribery Act. That is a way forward, and if we can agree on it, then great—let’s do it.

If the Government are committed to a crackdown on crime, why have they left it to Labour to amend the Financial Services (Banking Reform) Bill, which will come before the House again on Monday? Why have they not tabled amendments? We understood that the Prime Minister was committed to introducing a crime of reckless management of a financial institution, so why have the Government not tabled such an amendment? Why do we need to do it? It seems odd. We are concerned that, although the Prime Minister is happy to make pledges when everyone is watching, he hopes that when nobody is noticing he can carry on and do nothing.

It seems to us that an offence of reckless banking needs to do more than deliver symbolic sacrifices after the event. We need managers to be held liable if they turn a blind eye to those who are committing crime. They should have a responsibility to monitor what happens. No single person brings a bank to its knees and no single person should be responsible for UBS, Société Générale or Barings, whatever some may want us to believe. There are further people who are also responsible, and we need to ensure that the law allows for other people to be prosecuted. Nowhere is that more apparent than in the Government’s record on basic economic crime such as the failure to ensure that people are paid the minimum wage. In the past three years, only two bosses have been prosecuted for that, and workplace inspections have halved in the past 12 months. It seems to us that it is about time the Government started taking seriously economic crime of all types, including people not being paid a basic wage.