Session 2017-19
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Other Bills before Parliament


 
 

Consideration of Bill (Report Stage): 1 May 2018          

8

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

(b)    

if not approved by a resolution of each House of Parliament before the

 

end of the 28 days beginning with the day on which it is made, ceases to

 

have effect at the end of that period (but without that affecting the power

 

to make a new Order).

 

(4)    

In calculating a period of 28 days for the purposes of subsection (4), no account

 

is to be taken of any time during which Parliament is dissolved or prorogued or

 

during which both Houses are adjourned for more than 4 days.

 

(5)    

For the purposes of this section, a “publicly accessible register of beneficial

 

ownership of companies” means a register which, in the opinion of the Secretary

 

of State, provides information broadly equivalent to that available in accordance

 

with the provisions of Part 21A of the Companies Act 2006 (information about

 

people with significant control).

 

(6)    

For the purposes of this section, “Crown Dependency” means—

 

(a)    

any of the Channel Islands;

 

(b)    

the Isle of Man.”

 


 

Alison Thewliss

 

NC19

 

To move the following Clause—

 

         

“Scottish Limited Partnerships: UK bank account requirement

 

(1)    

For the purposes of preventing money laundering, where a limited partnership

 

registered in Scotland has general partners at least one of those must have an

 

active UK bank account.

 

(2)    

Where a limited partnership registered in Scotland has limited partners at least

 

one of those must have an active UK bank account.

 

(3)    

In this section—

 

a “limited partnership registered in Scotland” means a partnership

 

registered under the Limited Partnerships Act 1907;

 

“general partner” has the meaning given in section 4(2) of the Limited

 

Partnership Act 1907;

 

“limited partner” has the meaning given in section 4(2A) of the Limited

 

Partnership Act 1907.”

 

 


 

Sir Alan Duncan

 

Helen Goodman

 

Anneliese Dodds

 

Stephen Kinnock

 

10

 

Clause  1,  page  2,  line  11,  at end insert—

 

“(ea)    

provide accountability for or be a deterrent to gross violations of human

 

rights, or otherwise promote—

 

(i)    

compliance with international human rights law, or


 
 

Consideration of Bill (Report Stage): 1 May 2018          

9

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

(ii)    

respect for human rights,”

 

Member’s explanatory statement

 

This amendment makes clear that sanctions regulations can be made for the purpose of preventing,

 

or in response to, a gross human rights abuse or violation.

 

Sir Alan Duncan

 

Helen Goodman

 

Anneliese Dodds

 

11

 

Clause  1,  page  2,  line  12,  leave out “and human rights”

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 10.

 

Sir Alan Duncan

 

Helen Goodman

 

Anneliese Dodds

 

12

 

Clause  1,  page  2,  line  16,  leave out “human rights,”

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 10.

 

Alison Thewliss

 

32

 

Clause  1,  page  2,  line  17,  at end insert—

 

“(i)    

further accountability for, or act as a deterrent to, the commission of a

 

gross human rights abuse or violation.”

 

Member’s explanatory statement

 

This amendment would enable sanctions to be made for the purpose of preventing, or in

 

response to, a gross human rights abuse or violation.

 

Alison Thewliss

 

33

 

Clause  1,  page  2,  line  35,  at end insert—

 

“(5A)    

In this section, conduct constitutes “the commission of a gross human rights

 

abuse or violation” if each of the following three conditions is met.

 

(5B)    

The first condition is that—

 

(a)    

the conduct constitutes the torture of a person who has sought—

 

(i)    

to expose illegal activity carried out by a public official or a

 

person acting in an official capacity, or

 

(ii)    

to obtain, exercise, defend or promote human rights and

 

fundamental freedoms, or

 

(b)    

the conduct otherwise involves the cruel, inhuman or degrading

 

treatment or punishment of such a person.

 

(5C)    

The second condition is that the conduct is carried out in consequence of that

 

person having sought to do anything falling within subsection (2)(a)(i) or (ii).

 

(5D)    

The third condition is that the conduct is carried out—

 

(a)    

by a public official, or a person acting in an official capacity, in the

 

performance or purported performance of his or her official duties, or

 

(b)    

by a person not falling within paragraph (a) at the instigation or with the

 

consent or  acquiescence—

 

(i)    

of a public official, or

 

(ii)    

of a person acting in an official capacity, who in instigating the

 

conduct, or in consenting to or acquiescing in it, is acting in the


 
 

Consideration of Bill (Report Stage): 1 May 2018          

10

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

performance or purported performance of his or her official

 

duties.

 

(5E)    

Conduct that involves the intentional infliction of severe pain or suffering on

 

another person is conduct that constitutes torture for the purposes of subsection

 

(2)(a).

 

(5F)    

It is immaterial whether the pain or suffering is physical or mental and whether it

 

is caused by an act or omission”.

 

Member’s explanatory statement

 

This amendment, which is consequential on Amendment 32, would define what constitutes the

 

commission of a gross human rights abuse or violation. The commission of a gross human rights

 

abuse or violation would include the torture of a person who had sought to expose the illegal

 

activity of a public official, or the torture of a person who had sought to defend human rights or

 

fundamental freedoms, by a public official or a person acting in an official capacity.

 

Sir Alan Duncan

 

Helen Goodman

 

Anneliese Dodds

 

Stephen Kinnock

 

13

 

Clause  1,  page  2,  line  38,  at end insert—

 

“(6A)    

In this Act any reference to a gross violation of human rights is to conduct

 

which—

 

(a)    

constitutes, or

 

(b)    

is connected with,

 

    

the commission of a gross human rights abuse or violation; and whether conduct

 

constitutes or is connected with the commission of such an abuse or violation is

 

to be determined in accordance with section 241A of the Proceeds of Crime Act

 

2002.”

 

Member’s explanatory statement

 

This amendment establishes that “gross violation of human rights” includes the torture of a

 

person, by a public official or a person in an official capacity, where the tortured person has

 

sought to expose the illegal activity of a public official or to defend human rights or fundamental

 

freedoms.

 

Sir Alan Duncan

 

14

 

Clause  1,  page  3,  line  3,  after first “to” insert “(e), (ea) and (f) to”

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 10.

 


 

Sir Alan Duncan

 

15

 

Clause  2,  page  3,  line  26,  after “to” insert “(e), (ea) and (f) to”

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 10.

 



 
 

Consideration of Bill (Report Stage): 1 May 2018          

11

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

Sir Alan Duncan

 

16

 

Clause  28,  page  22,  line  25,  after “to” insert “(e), (ea) and (f) to”

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 10.

 


 

Sir Alan Duncan

 

17

 

Clause  40,  page  31,  line  39,  after “to” insert “(e), (ea) and (f) to”

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 10.

 


 

Dame Margaret Hodge

 

Mr Andrew Mitchell

 

Richard Benyon

 

Tom Tugendhat

 

Helen Goodman

 

Nick Herbert

Ms Harriet Harman

Nicky Morgan

Sir Vince Cable

Mr Kenneth Clarke

Frank Field

Ian Blackford

Nick Boles

Hilary Benn

Dr Sarah Wollaston

Jo Swinson [R]

Crispin Blunt

Meg Hillier

Mr Dominic Grieve

Yvette Cooper

Margaret Beckett

Stephen Crabb

Edward Miliband

Adam Holloway

John Mann

Heidi Allen

Caroline Flint

Bob Stewart

Rachel Reeves

Dame Caroline Spelman

Chris Bryant

Nigel Mills

Dr Rupa Huq

Alison Thewliss

Anna Soubry

Rushanara Ali

Jeremy Lefroy

Caroline Lucas

Grant Shapps

Anneliese Dodds

Jamie Stone

Tim Farron

Layla Moran

Tom Brake

Mr Bob Seely

Wera Hobhouse

Lloyd Russell-Moyle

Joanna Cherry

 

20

 

Clause  56,  page  43,  line  7,  after first “1”, insert “, section (Public registers of

 

beneficial ownership of companies registered in British Overseas Territories)”

 

Member’s explanatory statement

 

This amendment is consequential on NC6.

 



 
 

Consideration of Bill (Report Stage): 1 May 2018          

12

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

Sir Alan Duncan

 

18

 

Clause  57,  page  43,  line  31,  at end insert—

 

“( )    

section (Periodic reports on exercise of power to make regulations under

 

section 1);”

 

Member’s explanatory statement

 

This amendment has the effect that the commencement date of clause (Periodic reports on exercise

 

of power to make regulations under section 1) is the day on which the Act is passed.

 

Sir Alan Duncan

 

34

 

Parliamentary Star    

Clause  57,  page  43,  line  32,  leave out “section 45;” and insert “sections 45,

 

(Reports on public registration of beneficial ownership in certain territories),

 

(Independent review relating to certain territories) and (Sharing of beneficial ownership

 

information);”

 

Member’s explanatory statement

 

This amendment has the effect that the commencement date of clause (Reports on public

 

registration of beneficial ownership in certain territories), (Independent review relating to certain

 

territories) and (Sharing of beneficial ownership information) is the day on which the Act is

 

passed.

 


 

Alison Thewliss

 

31

 

Title,  line  5,  after “objectives”, insert “or to further accountability for, or act as a

 

deterrent to, the commission of a gross human rights abuse or violation”

 

Member’s explanatory statement

 

This amendment to the long title would be consequential on Amendment 32.

 


 

Remaining proceedings on Consideration

 

Sir Alan Duncan

 

NC4

 

To move the following Clause—

 

         

“Independent review of regulations with counter-terrorism purpose

 

(1)    

The Secretary of State must appoint a person to review the operation of such

 

asset-freeze provisions of relevant regulations made by the Secretary of State as

 

the Secretary of State may from time to time refer to that person.

 

(2)    

The Treasury must appoint a person to review the operation of such asset-freeze

 

provisions of relevant regulations made by the Treasury as the Treasury may from

 

time to time refer to that person.

 

(3)    

The persons appointed under subsection (1) and (2) may be the same person.

 

(4)    

In each calendar year, by 31 January—

 

(a)    

the person appointed under subsection (1) must notify the Secretary of

 

State of what (if any) reviews under that subsection that person intends

 

to carry out in that year, and


 
 

Consideration of Bill (Report Stage): 1 May 2018          

13

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

(b)    

the person appointed under subsection (2) must notify the Treasury of

 

what (if any) reviews under that subsection that person intends to carry

 

out in that year.

 

(5)    

Reviews of which notice is given under subsection (4) in a particular year—

 

(a)    

may not relate to any provisions that have not been referred before the

 

giving of the notice, and

 

(b)    

must be completed during that year or as soon as reasonably practicable

 

after the end of it.

 

(6)    

The person who conducts a review under this section must as soon as reasonably

 

practicable after completing the review send a report on its outcome to—

 

(a)    

the Secretary of State, if the review is under subsection (1), or

 

(b)    

the Treasury, if the review is under subsection (2).

 

(7)    

On receiving a report under this section the Secretary of State or (as the case may

 

be) the Treasury must lay a copy of it before Parliament.

 

(8)    

The Secretary of State may pay the expenses of a person who conducts a review

 

under subsection (1) and also such allowances as the Secretary of State may

 

determine.

 

(9)    

The Treasury may pay the expenses of a person who conducts a review under

 

subsection (2) and also such allowances as the Treasury may determine.

 

(10)    

For the purposes of this section, regulations are “relevant regulations” if—

 

(a)    

they are regulations under section 1, and

 

(b)    

they state under section 1(3) at least one purpose which—

 

(i)    

is not compliance with a UN obligation or other international

 

obligation, and

 

(ii)    

relates to counter-terrorism.

 

(11)    

A purpose “relates to counter-terrorism” if the report under section 2 in respect of

 

the regulations indicated that, in the opinion of the appropriate Minister making

 

them, the carrying out of that purpose would further the prevention of terrorism

 

in the United Kingdom or elsewhere.

 

(12)    

For the purposes of this section a provision of relevant regulations is an “asset-

 

freeze provision” if and to the extent that it—

 

(a)    

imposes a prohibition or requirement for a purpose mentioned in section

 

3(1)(a), (b) or (d), or

 

(b)    

makes provision in connection with such a prohibition or requirement.

 

(13)    

If a provision is referred under this section which contains a designation power,

 

any review under this section of the operation of that provision may not include

 

a review of any decisions to designate under that power.”

 

Member’s explanatory statement

 

This new clause requires the appointment of an independent reviewer to conduct reviews of

 

sanctions regulations which impose asset-freezes or similar financial sanctions where the

 

regulations are made for purposes relating to the prevention of terrorism and have been referred

 

to the independent reviewer for review.

 



 
 

Consideration of Bill (Report Stage): 1 May 2018          

14

 

Sanctions and Anti-Money Laundering Bill-[Lords], continued

 
 

Sir Alan Duncan

 

NC5

 

To move the following Clause—

 

         

“Retained EU rights

 

(1)    

If and to the extent that anything in the European Union (Withdrawal) Act 2018

 

would, in the absence of this section, prevent any power within subsection (2)

 

from being exercised so as to modify anything which is retained EU law by virtue

 

of section 4 of that Act (saving for certain rights etc), it does not prevent that

 

power from being so exercised.

 

(2)    

The following powers fall within this subsection—

 

(a)    

any power conferred by this Act, or by regulations under this Act, on a

 

Minister of the Crown within the meaning of the Ministers of the Crown

 

Act 1975 (however that power is expressed);

 

(b)    

any power conferred by regulations under Schedule 2 on a supervisory

 

authority.

 

(3)    

In this section “modify” has the same meaning as in the European Union

 

(Withdrawal) Act 2018.”

 

Member’s explanatory statement

 

This new clause is consequential on government amendments to the European Union (Withdrawal)

 

Bill, and makes clear that any restrictions in that Bill on the modification of retained EU law do

 

not prevent powers under this Bill (for example, powers to impose an asset-freeze or immigration

 

sanction) from being exercised in cases where their exercise will interfere with a retained right

 

that a person would otherwise have under clause 4 of the European Union (Withdrawal) Bill.

 


 

Sir Alan Duncan

 

NC15

 

To move the following Clause—

 

         

“Enforcement: goods etc on ships

 

(1)    

The provision that may be made by virtue of section 17(2) (enforcement of

 

prohibitions or requirements) includes provision as to the powers and duties of

 

prescribed persons in relation to—

 

(a)    

British ships in foreign waters or international waters,

 

(b)    

ships without nationality in international waters, and

 

(c)    

foreign ships in international waters.

 

(2)    

Regulations may make provision by virtue of this section only for the purpose of

 

enforcing relevant prohibitions or requirements.

 

(3)    

A prohibition or requirement is a “relevant prohibition or requirement” for the

 

purposes of this section if it is—

 

(a)    

a prohibition or requirement specified by the regulations which is

 

imposed by regulations for a purpose mentioned in any of paragraphs 2

 

to 7, 15(a), (b) or (c) or 16(a) of Schedule 1, or

 

(b)    

a prohibition or requirement imposed by a condition of a licence or

 

direction issued by virtue of section 15 in relation to a prohibition or

 

requirement mentioned in paragraph (a).

 

(4)    

The powers that may be conferred by virtue of this section include powers to—

 

(a)    

stop a ship;

 

(b)    

board a ship;


 
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Revised 01 May 2018