Economic Crime and Corporate Transparency Bill

Debate between Robert Buckland and Tom Tugendhat

Report stage
Wednesday 25th January 2023 Commons Chamber

[Sir Robert Buckland]

I was going to spare the blushes of the Minister for Security, my right hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat) and the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), but my hon. Friend has said it for me, and he is right. They know that what I am saying does not just have force, but that they agree with it. That will no doubt carry great weight—

[Tom Tugendhat]

Will my right hon. and learned Friend give way?

[Sir Robert Buckland]

Of course.

[Tom Tugendhat]

What I am enormously enjoying in this Session is the way in which Bills are being picked up and put down by different Ministers. When they are on the Front Bench, they do one thing; when they are on the Back Benches, they say another—sadly, that is the nature of our current political system. It is taking a little while, I admit, for many of us to realise quite how long it can take to get things through in government. Those who have been in government for many years are sharing their knowledge very generously.

[Sir Robert Buckland]

Well, my right hon. Friend must speak for himself. I will tell the House a story: I remember when the present Secretary of State for Defence, my right hon. Friend the Member for Wyre and Preston North (Mr Wallace), held the office of Minister for Security, which my right hon. Friend the Member for Tonbridge and Malling now enjoys. We used to have cross-governmental committee meetings—this was during the Government of my right hon. Friend the Member for Maidenhead (Mrs May)—and I remember having a very fierce argument with a very senior permanent secretary at the Treasury about this very issue. I will not name them, because that would be wrong, but they told me that there was concern about the proliferation of criminal offences in this area because somehow it would add more of a regulatory burden to business. I disagreed hotly with that civil servant then, and I disagree hotly now.

The Minister for Security now has a great opportunity. It is a great privilege as a Minister to get on with a job that others would have wished to finish. We have passed the parcel to him, and he can open it and enjoy the gifts within.

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[Tom Tugendhat]

I thought that we were to have the joy and the privilege of hearing from the hon. Member for Aberavon, who can never say too much in this Chamber, or indeed anywhere else—which is lucky, because he very rarely says too little.

It is a huge pleasure to have been here this afternoon. Members in all parts of the House have made extremely powerful points, but I will touch on just a few of them, because many have been covered at length and in detail on numerous other occasions. If Members will forgive me, I will deal straight away with a few of the matters that I think require immediate attention.

I thank my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) for tabling new clause 6 and for the way in which he has approached the area of corporate criminal liability, in which he and I agree that reform is required. That is why the Government commissioned a review by the Law Commission, which my right hon. and learned Friend cited and which showed a definite need to clamp down on economic crime conducted by commercial organisations. We have been working closely across Government and with prosecutors in carefully considering its recommendations and how improvements can best be made. It is vital that any reform can be used by law enforcement agencies, does not duplicate what already exists and avoids placing unnecessary burdens on legitimate businesses, but we must also operate within the constraints of the Bill.

I share my right hon. and learned Friend’s passion for change. I am immensely grateful for his thoughtful input, and I greatly value my engagement with him, and with other Members, on this issue. I can assure him that the Government intend to address the need for a “failure to prevent” offence in the other place, and I would welcome further discussion with him about the most effective way in which that can be done.

[Sir Robert Buckland]

I am extremely grateful for what my right hon. Friend has said, but may I gently press him on the issues of “failure to prevent”, fraud, money laundering and false accounting offences—I accept that they may well have to be separate—and a further discussion on the identification doctrine? If so, I will not need to press my new clauses to a vote.

[Tom Tugendhat]

My right hon. and learned Friend is certainly more learned than me, and I will certainly be listening to his views. There are a number of areas that I am sure we will be able to discuss, and I am sure we will reach a conclusion that is acceptable to all sides.

Oral Answers to Questions

Debate between Robert Buckland and Tom Tugendhat

Tuesday 14th January 2020 Commons Chamber

[Tom Tugendhat]

The Lord Chancellor speaks very well on many matters of sentencing, but one of the things that came up in the manifesto that I would be particularly interested in hearing him speak about is extending sentences for some of the worst offences. On page 18 of our manifesto, as he will remember—indeed, I am sure he wrote it—there is a call for extending child cruelty sentences as well. I would be very grateful if he tried to introduce Tony’s law, named after baby Tony Hudgell, who was so brutally assaulted by his birth parents before, thank God, he found love with his true parents, the Hudgell family.

[Robert Buckland]

I pay tribute to my hon. Friend for his consistent campaigning on this issue. He will remember my own involvement in getting child cruelty law updated to cover psychiatric and psychological harm because, frankly, it was out of date. I would be happy to talk to him about it. It is important to remember that there is an interrelationship between this offence and very serious offences of violence that tragically are inflicted on children and for which, for example in section 18, the maximum sentence is life imprisonment.

Oral Answers to Questions

Debate between Robert Buckland and Tom Tugendhat

Tuesday 8th October 2019 Commons Chamber

[Tom Tugendhat (Tonbridge and Malling) (Con)]

Very briefly, Mr Speaker. The Lord Chancellor will remember that there used to be a convention involving judges not speaking publicly other than in their written declarations. Does he agree that speaking publicly can sometimes make people confused about what is the judgment of the court and what is personal opinion?

[Robert Buckland]

My hon. Friend is absolutely right. The judgments speak for themselves, and the judges cannot really answer back when it comes to criticism. That is why I am here to defend them.

Withdrawal Agreement: Legal Advice

Debate between Robert Buckland and Tom Tugendhat

Thursday 29th November 2018 Commons Chamber

[The Solicitor General]

I can assure the hon. Lady that she will not be voting for it blindfold. Whatever her final decision might be, she will be in a position, come the vote, to have heard the Attorney General, to have read the Government’s position and to fully understand and appreciate the issues at stake. I know that she will do all that and make her decision.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

Despite the Welsh origins of the Solicitor General, does he agree that there is no wizardry in legal advice, that it is simply the accumulation of the collected knowledge of our culture, history and agreed norms, and that in many ways we can read all that in the press that we are seeing every day? We may seek legal advice in this place, but I have been given tons for free by every lawyer in the country, as far as I can tell. Does he therefore agree that the Attorney General’s advice is relevant, but not essential?

[The Solicitor General]

My hon. Friend puts the context of all this admirably well.

Oral Answers to Questions

Debate between Robert Buckland and Tom Tugendhat

Thursday 22nd March 2018 Commons Chamber

[Paul Scully (Sutton and Cheam) (Con)]

2. What steps the Government are taking to reduce the level of victim withdrawal in cases involving domestic abuse.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

4. What steps the Government are taking to reduce the level of victim withdrawal in cases involving domestic abuse.

[The Solicitor General (Robert Buckland)]

The Government see the response to domestic abuse as a top priority. We want every victim to have full confidence in the justice system. When cases go to trial, a number of measures are already in place to support victims to give their best evidence. Where possible, we will take prosecutions forward without victims having to give evidence.

[The Solicitor General]

My hon. Friend is absolutely right to highlight this important reform that I managed to take through as part of the Serious Crime Act 2015. Between the commencement of the offence in December 2015 and April last year, more than 300 cases have been charged and reached a first hearing. That is progress. The offence also allows the police to intervene in relationships at an earlier stage than they have in the past.

[Tom Tugendhat]

Of course, the importance of the legal change is fundamental, as those of us who followed the story in “The Archers” are particularly aware. However, there is a technological solution to some of this as well. Will the Solicitor General join me in praising Kent police for its work in introducing body-worn cameras? That can mean that victims do not have to give evidence, ending the situation we so often find when they will not do so.

[The Solicitor General]

My hon. Friend is absolutely right to mention body-worn cameras, which can, in a moment, capture the aftermath of an incident of domestic abuse, or indeed an ongoing incident. That often spares the victim from having to bear the complete burden of helping the prosecution to prove the case, or from having to give evidence at all.

Oral Answers to Questions

Debate between Robert Buckland and Tom Tugendhat

Thursday 21st December 2017 Commons Chamber

[Tom Tugendhat (Tonbridge and Malling) (Con)]

9. What steps he has taken to promote public legal education in the last 12 months.

[The Solicitor General (Robert Buckland)]

In July I launched a public legal education panel to support and drive forward legal education initiatives. Bringing together key organisations will mean a more joined-up approach to PLE, and will ensure that more people can reap the benefits of the good work that is being done. The panel is currently combining its resources to map the provision of, and need for, PLE around the country.

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[The Solicitor General]

As the hon. Lady says, there is a wide range of people with vulnerabilities. I am glad to say that the CPS is doing some excellent work, especially in the field of hate crime. The packs that it produces for schools in particular, dealing with disability, race, religion and LGBT issues, are being downloaded and used by schools in regions throughout the country, including the hon. Lady’s region. They are designed to teach students about the nature, effects and consequences of this type of crime, and have a strong anti-bullying focus which encourages young people to become active citizens.

[Tom Tugendhat]

I welcome the work that my hon. and learned Friend has done on public legal education. I also welcome the work done by Citizens Advice in such places as Edenbridge in Kent. Does my hon. and learned Friend agree, however, that the spread of contract law through every clickable website and every app that is downloaded means that the emphasis must now be on legal education throughout people’s lives, not just in schools but through general services as well?

[The Solicitor General]

I pay tribute to my hon. Friend, who, in the last Parliament, chaired the very first all-party parliamentary group on public legal education. He shares my passionate desire to enable young people in particular to understand that when they buy a mobile phone they sign a contract, and thus enter into legal obligations at a very early age. It is our duty to try to educate, encourage and support them in order to prevent some of the legal problems that they might encounter.