Corporate Transparency and Economic Crime

With your permission, Mr Speaker, I would like to make a statement on the reforms the Government will be bringing forward to improve transparency over the ownership of companies and property in the UK, and to strengthen the enforcement of financial sanctions. These are the key elements of our strategy to tackle dirty money from Russia and elsewhere.

The openness of our economy to investment from all parts of the world is one of our greatest strengths. However, we are determined that we want to attract the right kind of investment. As many Members will know, oligarchs and kleptocrats from Russia and elsewhere have used the veneer of legitimacy provided by UK registered companies and partnerships, and have used high-end property to help launder proceeds of corruption. At present, Companies House has very limited powers to prevent that abuse. In light of Russia’s outrageous actions in recent days, it is necessary that we put those criminals on notice and send a clear message that the UK will not tolerate their corruption here. To that end, I am announcing two immediate steps.

First, the Department for Business, Energy and Industrial Strategy is today publishing a White Paper on corporate transparency and register reform. The White Paper sets out a comprehensive package of reforms to Companies House. [Interruption.] Stop pre-empting. Just be patient. The agency will be transformed into a custodian of accurate and detailed information, ensuring that we can clamp down on those who seek to abuse UK corporate structures to launder money. Anyone setting up, running, owning or controlling a company in the UK will need to verify their identity with Companies House, which will then be able to challenge dubious information and inform the security agencies. Company agents from overseas will no longer be able to create companies in the UK on behalf of foreign criminals or secretive oligarchs. The reforms will not only tackle illicit finance, but directly support the millions of legitimate enterprises which transact with Companies House every day. Alongside the White Paper, we will be legislating for other measures, including reform of limited partnerships law, new powers to seize crypto-assets, and reforms to help businesses share information on suspected money laundering.

Secondly, we will be introducing legislation to Parliament tomorrow to accelerate other measures that will make an immediate dissuasive effect on dirty money and its purveyors from Russia and elsewhere. The Bill we introduce tomorrow will create a register of overseas entities to crack down on foreign criminals using UK property to launder their money. The new register will require anonymous foreign owners to reveal their real identity to ensure that criminals can no longer hold property behind secretive chains of shell companies. By legislating now, we will send a clear warning to those who have used, or who are thinking about using, the UK property market to launder ill-gotten gains, particularly those linked to the Putin regime. Tomorrow’s Bill will reform unexplained wealth orders, removing key barriers to their use by law enforcement. It will also include amendments to financial sanctions legislation, helping to deter and prevent breaches of sanctions.

The new property register and the reforms to Companies House will once more see the UK take innovative and world-leading steps to tackle anonymous shell companies. We have been leading on this agenda since being the first major economy to put in place a public register of beneficial ownership for all domestic companies in 2016. Not only can we pay tribute to the heroic efforts of the people of the Ukraine—Ukraine—to defend their democracy and their freedom; these measures, in a small but significant way, will put pressure on kleptocrats and oligarchs who have abused our hospitality for their own nefarious purposes.

I thank the Secretary of State for early sight of his statement and for our call with the Under-Secretary of State for Business, Energy and Industrial Strategy, the hon. Member for Sutton and Cheam (Paul Scully), this afternoon. The Labour party and the House are united in our support for Ukraine and we take very seriously our role in ensuring that Russia’s unprovoked and unjustifiable aggression fails.

Russia’s invasion of Ukraine has shaken the world, with huge concern across Parliament and the country about the invasion and the unfolding humanitarian crisis. It is clear, however, that it has taken the Russian invasion of Ukraine to shake the Conservative party into finally taking the action that is required. These steps are imperative, not just for financial transparency but for our national security, and the Government’s action on that to date falls far short of the leadership required. That is why we must urgently take the necessary steps to drag illicit finance out of the shadows and make it clear that the UK will no longer be a home to dirty money.

We therefore support the Government in introducing the emergency legislation in the light of the atrocities that we are seeing in Ukraine. The need for it is clear for all to see, but the Secretary of State will recognise that these steps have been needed for a long time. He will know that Labour and, indeed, some Government Members have been calling for years for the measures that the Government have announced. We were first promised this legislation in 2016, and this draft legislation has in fact been ready since 2018. Although we support the Government’s actions today, the Secretary of State needs to take responsibility for the time and progress lost through Government inaction. I hope we will see that lessons are learned for this Bill and future legislation, because time is of the essence.

The UK would have been in a much stronger position to act with speed and our national security would have been better protected if the register had already been up and running. That is why the Government must move quickly, because the dangers of a lack of transparency, particularly in the current climate, are all too plain to see. If the intention, as stated, is to impede Russian money, the register will need to be operational in the coming weeks to have any effect. I assure the Government of Labour’s full support in moving through the Bill’s stages quickly, and hope in turn that they will act quickly to make the register and other measures a reality.

I am grateful to the hon. Lady for her points. Clearly, on the time that this has taken, she will remember that in the 2017 to 2019 Parliament, a huge amount of our time was taken up by members of the Labour party and the Opposition parties frustrating Brexit. They absorbed a huge amount of parliamentary time and I am afraid that that was one of the reasons we could not expedite this sort of legislation.

There will be criminal liability for failure to update the register annually and for giving misleading or inaccurate information. We are working with the Crown dependencies to update their transparency; by next year, they will have to have much greater transparency requirements. The hon. Lady will be pleased to know that my Government colleagues and I speak to our counterparts in the devolved Administrations on a very regular basis.

I welcome the statement, as far as it goes. As a matter of principle, does my right hon. Friend agree that cleansing British public life of dirty Russian money is not quintessentially difficult?

As my right hon. Friend appreciates, this legislation is timely. We are grateful that it seems to have elicited huge support across the House, and we are pleased to be able to expedite it.

I thank the Secretary of State for advance sight of his statement. I also thank the small Business Minister—the Under-Secretary of State, the hon. Member for Sutton and Cheam (Paul Scully)—for giving me and my hon. Friend the Member for Aberdeen South (Stephen Flynn) his time earlier, which was appreciated.

I put on record the concerns that many of my Glasgow Central constituents have expressed over the weekend for the people of Ukraine. They call on the Government to do more. Like me, they will welcome action on sanctions and on the flow of dirty money through the City of London, so I am glad that there will be reform of Companies House. It is long overdue, and SNP Members have not been holding it back; we have been calling for it constantly for years. The Government have had multiple chances to deal with it.

As an interim step to action on Companies House, will the Government use the Verify scheme to ensure that people cannot fill the register with absolute guff, as happens now? Will they give Companies House interim anti-money laundering responsibility until the new Bill comes into force? When it does, will it be retrospective? Will it go back to the register and root out all the nonsense, or will it start again from scratch?

I am glad to hear about the register of overseas entities in the Bill, but I would like to know how it will differ from the draft Registration of Overseas Entities Bill. I sat on the Joint Committee on the draft Bill; our report came out in May 2019. How will the new Bill differ? Will it pick up on issues around definitions of legal entities, the use of trusts and the loopholes that they create? Will it take action on Scottish limited partnerships, which have legal personality and can hold property? Tackling them in the Bill is crucial.

Will we look at the cost to land registries of working on the Bill? In Scotland, the register of persons holding a controlled interest in land will come into force on 1 April 2022 and will include overseas entities, so the Scottish Government are moving on the issue in just over a month’s time. What conversations has the Secretary of State had with the Scottish Government on how the Scottish register will interact with the UK register?

I am grateful for the hon. Lady’s remarks. As far as the enablers are concerned, we have legislation already on the statute book. As my right hon. Friend the Foreign Secretary said in her statement, we are looking at other measures to tighten the regime.

We work with DA Ministers constantly. The Under-Secretary of State, my hon. Friend the Member for Sutton and Cheam (Paul Scully), has engaged ably and directly with DA Ministers, and we look forward to doing so.

This set of measures is only the beginning of the much tighter regime that we want to bring in. [Interruption.] People are chuntering from a sedentary position, but I would like to point out that these matters, particularly those regarding cryptocurrencies and cyber-crime, are complicated. We are trying to expedite legislation on those fronts as quickly as possible.

My right hon. Friend has brought excellent news to the House this afternoon, but will he at least acknowledge that the right hon. Member for Barking (Dame Margaret Hodge), my hon. Friend the Member for Amber Valley (Nigel Mills), my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) and I have been asking the Government to do these things for the last four years and more? Will he now look at the other measures that we have advocated to clamp down on dirty money and money laundering? He is absolutely right about Companies House, but will he now ensure that it has real monkey glands for investigating, and is not just a library? That will require money and officials with great expertise, but sunlight, as ever, is the best disinfectant.

I welcome my right hon. Friend’s remarks. I pay tribute to him, and to Members on both sides of the House, for the excellent work that they have done in ensuring that the measures have been introduced in a timely way. I look forward to working with him to ensure that we have a good regime. Let me also point out that we have £63 million in the spending review to deal precisely with the funding of Companies House.

The Secretary of State is sensing some frustration, and I will tell him why. The public register of beneficial ownership of properties that are foreign-owned was promised when David Cameron was Prime Minister in 2015. That had nothing to do with Brexit; it could have been introduced in that year. Then we come to Companies House. I am dismayed that all we are getting is a White Paper. We had an extensive consultation, completed a year ago, which built plenty of consensus around the reforms that were necessary. We do not need a White Paper; we need legislation, because that is what will stop this situation.

I am not sure that the Minister understands the issue of the enablers. There is hardly any ability for any of our enforcement agencies to get at those who not only collude with the process of dirty money coming into Britain, but facilitate it—lawyers, banks, accountants and others. If we do not stop them doing that, dirty money will continue to come in.

My final point to the Secretary of State is about the unexplained wealth orders. We greeted them with great expectations, but they have let us down. I would urge him to put a cost cap on litigation so that when we fail in an unexplained wealth order, the various recipients of dirty money do not get away with £2 million-worth in legal costs, as they did in one case.

I am sure that my answer will not satisfy the right hon. Lady, but I am pleased that we are introducing this legislation, and I look forward to working with her and colleagues on both sides of the House in ensuring that it is right. As for the cap on unexplained wealth orders, I think it will be the subject of plenty of discussion imminently, when we introduce the legislation.

Order. I was very generous with Dame Margaret Hodge, for obvious reasons, but I shall be less generous now in respect of the length of questions. You are all warned.

I welcome the statement. While I fully support efforts to have the means to investigate criminality and sanctions-busting schemes at Companies House—and I hope that that will be properly funded, because it will be expensive to carry out—I also hope that the process of registration will not be burdened to the extent that we lose competitive advantage and throw the baby out with the bathwater.

I think my hon. Friend is right. There is always a balance to be struck in legislation of this sort, but I think that, as he takes the temperature of the House, there is a real feeling that we need to expedite it. I feel confident that it strikes the right balance between fairness and transparency, and will not be overburdening people with bureaucracy.

This is at best a half measure. Companies House has 11,000 shell companies where there is no person of significant control registered, yet there have been only 112 prosecutions, which is just 1%. We have 12 different agencies in charge of economic crime, there is no Minister with clear responsibility, and the National Crime Agency says that its budget needs to be doubled. Irony of ironies, journalist Tom Burgis is being taken to court this Wednesday for daring to reveal the truth about the corrupt company ENRC; our courts are being used as arenas to shut down journalists. We need a far bigger, bolder plan from the Minister.