PARLIAMENTARY DEBATE
Economic Crime: Planned Government Bill - 26 January 2022 (Commons/Commons Chamber)
Debate Detail
However, I can confirm that the Government remain committed to tackling economic crime, which is why my colleagues in the Home Office and the Treasury take the lead on this. In recent years we have taken a number of actions, including creating the new National Economic Crime Centre to co-ordinate the law enforcement response to economic crime and establishing the Office for Professional Body Anti-Money Laundering Supervision to improve oversight of anti-money laundering compliance in the legal and accountancy sectors. We delivered the Criminal Finances Act 2017, which introduced new powers including unexplained wealth orders and account freezing orders. We are determined to go further to crack down on dirty money to protect our security and our prosperity. With the publication of the fraud strategy and second economic crime plan this year, we will further level up the response to crack down on crimes of this type.
My Department is playing its part. The Department for Business, Energy and Industrial Strategy announced plans to reform Companies House in September 2020. In 2021 we consulted on more detailed aspects of the reforms, and we will respond to the consultation soon. Investment in new capabilities at Companies House is already under way, with £20 million being invested in this financial year and a further £63 million announced in the spending review. The draft Registration of Overseas Entities Bill has undergone pre-legislative scrutiny. We are amending the Bill in line with the Committee’s recommendations, and in line with comments that the Prime Minister made to the House just yesterday. We will introduce the Bill and the broader reforms of Companies House when parliamentary time allows.
This is not a notional white-collar offence; it affects real people in very tangible ways. Terrorists and drug dealers depend on it to launder and legitimise their money through UK banks, companies and properties. Up to 50% of moneys flowing through Russian laundromats, often used for tax avoidance, for stolen public funds and to launder moneys derived from organised crime, flow through UK shell companies. UK corporate structures were involved in arms deals which breached sanctions in Sudan. HSBC and NatWest have been fined hundreds of millions of pounds for allowing criminals and Mexican drug cartels to launder their money through accounts held at their banks. An estimated £5 billion or so of taxpayers’ money, in the form of bounce back loans, has been taken fraudulently because some banks have not applied the most basic of checks. Criminals, despots and terrorists involved in people trafficking, illegal immigration, drug dealing, extortion, kleptocracy, the impoverishment of nations, and fraud—including what is taken directly from the public purse, to the tune of £30 billion per annum—are all facilitated by some of the lax rules that we have in this country.
The Government have promised to tackle this issue—as my hon. Friend the Minister has said—by means of Companies House reform; to fund regulation by applying a small surcharge to the current cost of establishing a company in the UK so that we can close down those shell companies and trusts; and to introduce a register of overseas entities to reveal the real beneficial owners of UK property, and a corporate offence of failing to prevent economic crime so that, for example, banks can be properly held to account for granting those fraudulent bounce back loans.
All this, plus more resources for our agencies and new whistleblower protections, will boost this country’s reputation, tackle crime, and help to reduce our tax burden. Every Minister I have spoken to wants us to do this. The Treasury Committee wants us to do it, all our crime agencies want us to do it, and campaigners want us to do it. I urge the Government to introduce the legislation as soon as possible.
My hon. Friend is right to say that economic crimes are a significant cost to the economy. It should also be borne in mind that there are victims at the end of these crimes, and that they experience significant distress. We also recognise the national security implications of allowing dirty money from overseas into our financial system. We acknowledge the need for action on economic crime, and the Government have acted. My colleagues in the Home Office and the Treasury have begun reforms to the suspicious activity reporting regime, created the National Economic Crime Centre to co-ordinate the law enforcement response, and reviewed our money laundering regulations and supervisory regime. That review will produce a report by June 2022. We are legislating for the economic crime levy in the current Finance (No. 2) Bill. We are committed to building a framework that will deter such crimes from happening and to providing a framework that will ensure that those who commit such crimes can be held to account.
At the beginning of the pandemic, there was widespread recognition of the urgent need to get money out to support businesses as soon as possible, but what made Lord Agnew’s resignation statement this week so alarming was his criticism of how the Government are handling cases of fraud now we know about them, and the news that the Government may no longer be intending to bring forward an economic crime Bill.
Lord Agnew described the performance of the Department for Business, Energy and Industrial Strategy as “nothing less than woeful”, and added that it has
“been assisted by the Treasury, which appears to have no knowledge of, or little interest in, the consequences of fraud to our economy or society.”—[Official Report, House of Lords, 24 January 2022; Vol. 818, c. 20.]
To be honest, it is one of the few times in this Parliament that the two Departments have been consistent with each other. These are very serious allegations for a serving Minister to make, and I am worried by what the Minister has just had to say about the economic crime Bill, so let me ask him however about the Government’s intentions in his area and whether its commitments still apply.
First, is it still Government policy to legislate for a register of beneficial ownership of property in the UK, so that we can find out who really owns property in this country? Secondly, will the Government still legislate to prevent abuses of Scottish limited partnerships? Thirdly, will the Government still legislate to prevent the shortcomings in the unexplained wealth order regime highlighted by the recent case in the High Court of NCA v. Baker and others? Fourthly, will the Government still reform Companies House? If the register of British companies was more rigorously checked and policed, there would not have been as many fraudulent companies as there were to engage in fraud when the crisis began. Finally, can the Minister confirm that his Department’s latest estimate of the value of fraudulent bounce back loans is £4.9 billion, and that it is the Department’s intention to write off £4.3 billion of that?
This sorry episode reveals a Government far too casual with wasting taxpayers’ money, but there is also an aspect to economic crime that relates to the probity and integrity of our financial and political systems. I hope the Minister can provide me, and the House, with some much needed reassurance today.
In terms of the bounce back loans, the Economic Secretary to the Treasury, my hon. Friend the Member for Salisbury (John Glen), made it clear in the House that HMRC did not produce the figure of £4.3 billion, and the money has not been written off. The figure was an inference by journalists, who subtracted £1.5 billion—the estimate of the amount to be recovered by taxpayer protection—from the £5.8 billion that was estimated as error and fraud in 2020-21. It was publicised before Christmas. Our Department continues to work with our fraud measures with partners in Government, the British Business Bank and all the partner banks who issued this money in the first place.
Some £4.3 billion was lost in the covid schemes and as-yet-unknown sums were lost in Government-backed loan schemes to crooks and fraudsters, while some in this country got no support. For example, it was deemed too difficult to redress support for parents in the self-employment income support scheme. Lord Agnew also said that it was a foolish decision to kill off the economic crime Bill, and given the evidence that I have heard at the Treasury Committee during our inquiry on it, I wholeheartedly agree.
Many cases of economic crime could be halted if the Government tightened up Companies House, because reform is well overdue. They have huge volumes of evidence on that. There is no verification, it costs only a tiny sum to set up a company and the information on the Companies House register is—politely—utter guff. If the Minister looks at Graham Barrow’s account on Twitter, he will see some of the absolute nonsense that is entered on to the Companies House register and somehow accepted. All that has led to an open door through which crooks and fraudsters have been allowed to waltz off with public money and Government-backed loans. UK corporate structures, such as Scottish limited partnerships, allow that to happen—and have done for years.
When, on what date, will we see an economic crime Bill? When, on what date, will we see the registration of overseas entities Bill, for which I sat on the Joint Committee years ago and on which the Government have failed to act? Why are the Government so unconcerned that the UK is deemed Londongrad and notorious for the laundering of dirty money? Who benefits from that—is it Tory donors and their pals?
The Minister has a choice to make. Will he come down on the fraudsters with a slap on the wrist or with a mighty hammer? I know which I would choose. What is he going to do?
“the Government are poised to act.”—[Official Report, 20 January 2022; Vol. 707, c. 603.]
Given that they have abandoned their economic crime Bill, given that the Attorney General is investigating malpractice at the Serious Fraud Office, which she is supposed to supervise, and given that too much oligarch money flows into the Tory party, how poised are they?
From migrant boats to county lines, the golden thread that runs between them is illicit money flows. Although the national cyber-security strategy and the economic crime plan, and the measures in them, are welcome, what we really need is a Bill to bring this forward. May I urge my hon. Friend to use his good offices to make that case, in order to deal with not only some of the big issues but the low-level frauds that are affecting so many of our constituents? Let us not forget that it is the No. 1 crime in this country at the moment.
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