Sanctions and Anti-Money Laundering Bill [Lords] — House of Commons, 2018-05-01
Topic: Civil Rights
John Simon Bercow (Conservative, Centre-right): I think the hon. Gentleman has achieved his objective. I gently point out that I still have propositions to put to the House and there is not a huge amount of time for the second group. I hope that that is the end to points of order. I thank the hon. Gentleman for what he has said Amendments made: Amendment 10, page 2, line 11, clause 1, 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 (ii) respect for human rights," 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. Amendment 11, page 2, line 12, leave out "and human rights" This amendment is consequential on Amendment 10. Amendment 12, page 2, line 16, leave out "human rights," This amendment is consequential on Amendment 10. Amendment 13, 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." 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. Amendment 14, page 3, line 3, after first "to" insert "(e), (ea) and (f) to". —(Sir Alan Duncan.) This amendment is consequential on Amendment 10. Clause 2 Types of Sanction Amendment made: 15, page 3, line 26, clause 2, after "to" insert "(e), (ea) and (f) to". —(Sir Alan Duncan.) This amendment is consequential on Amendment 10. Clause 28 Review of Regulations Amendment made: 16, page 22, line 25, clause 28, after "to" insert "(e), (ea) and (f) to". —(Sir Alan Duncan.) This amendment is consequential on Amendment 10. Clause 40 Revocation and amendment of regulations under section 1 Amendment made: 17, page 31, line 39, clause 40, after "to" insert "(e), (ea) and (f) to".—(Sir Alan Duncan.) This amendment is consequential on Amendment 10. Clause 56 Extent Amendment made: 20, page 43, line 7, clause 56, after first "1", insert ", section (Public registers of beneficial ownership of companies registered in British Overseas Territories)".—(Dame Margaret Hodge.) This amendment is consequential on NC6. Clause 57 Commencement Amendment made: 18, page 43, line 31, clause 57, at end insert— "( ) section (Periodic reports on exercise of power to make regulations under section 1);"—(Sir Alan Duncan.) 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. New Clause 4 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 (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." 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.—(John Glen.) Brought up, and read the First time.