← LEADERSHIP TERMINAL

UK PARLIAMENT · SITTING

Stephen Kinnock

MP for Aberafan Maesteg · Labour · United Kingdom

IN THEIR OWN WORDS

I thank the shadow Secretary of State for her kind words and look forward to our exchanges across the Dispatch Box. I am ready to engage with her on getting the maximum benefits for the people of Wales.

STRENGTHENING THE UNION · 2026-09-02 · READ IN HANSARD

I thank the right hon. Lady and look forward to working with her. My understanding is that there were challenges around the helicopter capability. Decisions were taken by Natural Resources Wales some time ago to change the way that the tendering for helicopter capability works. We certainly need to look at that.

STRENGTHENING THE UNION · 2026-09-02 · READ IN HANSARD

I thank my right hon. Friend for his question. Like him, I pay tribute to all those involved in the collective and heroic response to the wildfires.

STRENGTHENING THE UNION · 2026-09-02 · READ IN HANSARD

I thank the right hon. Lady for her question. Many of the ideas coming forward for devolving power right across our United Kingdom, beyond Cardiff Bay and Holyrood, are very exciting, and I look forward to exploring them with her.

STRENGTHENING THE UNION · 2026-09-02 · READ IN HANSARD

Just to be clear, this is not about staying out of the issue; it is about respecting the devolution settlement, but being prepared to work constructively where we can in partnership with the Welsh Government. The hon.

STRENGTHENING THE UNION · 2026-09-02 · READ IN HANSARD

I know about and welcome the right hon. Gentleman’s strong connections to Wales. I recognise the connectivity benefits that WSMR’s proposal could deliver, particularly for passengers in Wales and the west midlands.

CROSS-BORDER RAIL LINKS · 2026-09-02 · READ IN HANSARD

The complete record

Every one of 5,341 lines we hold for Stephen Kinnock, in date order, each linked to its source. Free to read, in full, without an account. Page 58 of 107.

  1. First, we would crack down on the criminal gangs by repurposing the wasted Rwanda money for an elite unit in the National Crime Agency that would partner with France, Belgium and Europol to crack down on people smugglers. Secondly, we would speed up asylum decisions by restoring order and smart management to the Home Office and by returning to 2016 levels of asylum processing. As part of our plan, we would fast-track applications of asylum seekers from safe countries in order to ensure swift returns. The previous Labour Government used the safe countries list to fast-track returns, but when this Conservative Government lost control of the asylum system as a whole, the fast-tracking process fell off the cliff with it.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  2. The country can see that government by gimmick is not working. An obvious example of that is the failing Rwanda offloading plan: with a mere threat of deportation, we are supposed to prevent crossings, but crossings have increased dramatically since that announcement. The Labour party wants to stop refugees crossing the English channel and to crack down on the smuggling gangs that exploit refugees for profit, but the Rwanda plan is unworkable, unaffordable and unethical. Labour has shown leadership by setting out a five-point plan to deal with the mess. It is a serious approach based on sensible policy solutions; it is not based on what would best achieve a right-wing tabloid front page headline.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  3. Meanwhile, we recently had the chaos of 4,100 people living in Manston—more than double the legal limit—with the local Conservative MP blaming the Home Secretary for failing to provide the appropriate accommodation. Last month, another Conservative MP called on the Minister for Immigration to consider his position over the procurement of hotels around the country. We know that 222 vulnerable children have gone missing from asylum accommodation, and there have been other deeply disturbing safeguarding issues. The public can see that the asylum system is neither firm nor fair, neither compassionate nor competent, and neither safe nor secure. The system needs fixing, but unfortunately the Conservatives are more concerned about chasing headlines than doing the nitty-gritty of good government. They put tough talk above hard graft.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  4. It appears obvious that the right to work should exist alongside a functioning system. That is why our entire focus, when we are in government, will be on clearing the backlog and getting back to the six-month service standard. In other words, the debate about the right of asylum seekers to work is a symptom of the fact that the Government are not clearing the backlog or stopping the boats. On the issue of small boats, we on the Labour Benches are clear that the dangerous channel crossings are a real problem and that preventing them is a priority for our party. In 2019, the then Home Secretary, the right hon. Member for Witham (Priti Patel), said that she would stop the small boat crossings in months. Three years later, the numbers have rocketed to around 45,000.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  5. As I mentioned, we support the view that asylum seekers should be able to work after six months, on the basis that the Government should not be taking longer than that to process a claim, except in the most exceptional circumstances. There is strong support for that view across the House, including from a number of Conservative Members. In case the Minister has forgotten, may I remind her that the long-standing target of processing 98% of straightforward asylum claims within six months was scrapped by this Government more than four years ago, with no indication of when or whether it would be reinstated? Perhaps the Minister could enlighten us about whether that service standard will ever be reinstated. It is a shocking sign of Conservative Government failure that almost 100,000 asylum seekers have now been waiting more than six months.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  6. Moreover, research by the OECD found that being refused permission to work leads some asylum seekers to work unlawfully, which exposes them to exploitative working practices because of the absence of health and safety and other regulatory employment protections. That, of course, tends to lead to undercutting and a race to the bottom right across the labour market, so absolutely nobody benefits from the mess in which we currently find ourselves. Does the Minister recognise the absurdity of the situation? Currently, the Government allow asylum seekers to work in jobs on the shortage occupation list if they have been waiting more than 12 months for their claim to be heard.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  7. That money and more could be being paid by employers, especially at a time of high job vacancy rates in Britain. The current state of affairs is damaging to the taxpayer, damaging to the Exchequer, and damaging to the wellbeing of asylum seekers. The Government’s own Migration Advisory Committee said that restrictions were pushing asylum seekers “into exploitative situations by preventing them from obtaining safe and legal sources of income.” The Lift the Ban coalition, mentioned by my hon. Friend the Member for Bury South, estimates that reform of the policy could save the UK economy more than £333 million a year.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  8. That is the backdrop against which we discuss the right of asylum seekers to work while they await an asylum decision. Currently, asylum seekers who have been waiting more than a year are able to work in shortage occupations. The Labour party is clear that that period should be reduced to six months. It would not be appropriate for people to work straightaway on arrival, as those with clearly unfounded claims or who have come from safe countries should be swiftly returned. The asylum system is for those fleeing persecution and conflict; it is not an alternative to the normal immigration rules for those who are not. However, where people are in limbo for more than six months simply because of Home Office incompetence, there are real problems with expecting the British taxpayer to pay them about £40 in weekly earnings.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  9. They chose to downgrade asylum decision makers from higher executive officer grade to lower executive officer grade, leading to a less experienced workforce on lower wages and with lower morale, lower retention rates and a collapsing process. The inevitable consequences were slower decisions, more decisions overturned at appeal, an increasing backlog, and ballooning costs for the taxpayer. As a result, the British taxpayer is now forking out almost £7 million every single day on emergency accommodation in hotels—with private contractors, by the way, making a killing. It is worth noting that the Nationality and Borders Act 2022 has made the whole situation worse by adding an extra layer of bureaucracy through its so-called inadmissibility provisions. Make no mistake: the system is a shambles.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  10. After 12 years, a series of Conservative Home Secretaries have openly admitted that their asylum system is “broken”—and they should know, because they broke it. The backlog of asylum seekers awaiting decisions stands at 143,000. An enormous 97,700 of those have been waiting more than six months. The root cause is that the Government have failed to process asylum claims with anything like the efficiency required. In 2012, Home Office decision makers were making an average of 14 asylum decisions a month; now, they are making just five. Tory Ministers try to blame covid, but the truth is that this is a mess of their own making.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  11. It is a pleasure to serve under your chairship, Mr Davies. I thank my hon. Friend the Member for Bury South (Christian Wakeford) for calling this important debate, and I commend him for his brave, powerful and honest speech. I thank all hon. Members who have made such excellent contributions —in particular my hon. Friend the Member for York Central (Rachael Maskell), who always speaks with such passion and commitment on these matters. I echo the comments about the terrible incident in the channel today. It is just appalling to think of those poor people suffering. It shows that the issues that we are discussing today are matters of life and death in the most literal sense. The debate about whether asylum seekers should have the right to work has come to the fore largely because of slow asylum claim processing by this Government.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  12. Having set out our approach to the right to work and how Labour will deliver on that in government, I look forward to the Minister’s response to these vital questions. We need to get away from empty rhetoric and towards something that resembles the efficiency, speed, compassion and control that we need, so that we can have an asylum system that works for our country, we can start to get control of our borders again, and we can ensure that people who come here fleeing war and persecution are able to make a valued contribution to our society and, indeed, our economy.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  13. I thank my hon. Friend for her intervention. She is absolutely right that the hostile environment is profoundly counterproductive. Much of the thinking around the asylum system is based on a hostile environment for assessing applications, which has led to the system becoming completely blocked, and that has become a magnet in itself. The backlog is a magnet for many people, who pay people smugglers knowing that when they arrive in the UK it will take up to 450 days for their claim to be processed, so it is counterproductive in terms of the efficiency of the system. Of course, the hostile environment to which she refers is also the root cause of the appalling Windrush scandal, which has had such a damaging impact on communities across our country.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  14. When Labour left Government in 2010, 6,000 asylum cases had been outstanding for more than six months. It is really important to correct the record on that.

    ASYLUM SEEKER EMPLOYMENT AND THE COST OF LIVING · 2022-12-14 · READ IN HANSARD

  15. The Opposition fervently hope that both Ministers will agree with their former selves that this is the No. 1 measure we need in the prevention and detection of economic crime. We urge the Conservative Front-Bench team to accept the new clause as a necessary and urgent provision to tackle economic crime that would have support across the board.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  16. According to the Crown Prosecution Service (CPS): ‘an extension of the “failure to prevent” model to fraud, false accounting and money laundering would be unlikely to require companies to do more than what they would already be expected to do under the current law (which relies on the identification doctrine) but it would enable prosecutors to hold them to account more effectively where they fail to do so’. The heads of the Serious Fraud Office (SFO) and the CPS have both recently called for new failure to prevent offences.” I refer the Minister, in addition to the stakeholders that support the call for change, to his own words on Second Reading. I will not replay his greatest hits—that my right hon. Friend the Member for Barking has already done so—but he has stated clearly that he sees this offence as “the No. 1 measure” that we need.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  17. The Labour Front Bench team welcomes the new clauses tabled by my right hon. Friend the Member for Barking as vital to help to drive cultural change and corporate governance standards for the prevention of economic crime in the UK. They would also standardise criminal rules for holding companies to account across different economic crimes. The call for this change is supported by a number of stakeholders, including Spotlight on Corruption, which made the following argument in written evidence to the Committee: “Most urgently, a new failure to prevent fraud offence would help address the UK’s serious fraud epidemic. Fraud accounts for 40% of all recorded crime, but fraud prosecutions have fallen from 42,000 in 2011, to 13,500 in 2021 in the last decade, a 67% decrease.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  18. It is a pleasure to serve under your chairship, Mr Robertson. I pay tribute to my right hon. Friend the Member for Barking. The passion and eloquence with which she spoke was exemplary in terms of reminding us about what is at the heart of the Bill and one of the top priorities that we want to achieve. I do not want to say much more; how can I follow that? New clause 73 would introduce a new offence of failing to prevent fraud, false accounting or money laundering, and new clause 74 would extend that offence, so I shall take them together. In effect, the new clauses would extend current failure to prevent offences beyond bribery and tax evasion to other economic crimes, money laundering and fraud. The offences would be applicable both to companies themselves and to senior managers or directors.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  19. If the Minister does not agree with it, we hope that he will acknowledge that the existing mechanisms are unfit for the kind of joined-up, systemic, expert-driven scrutiny that is needed to keep pace with and keep ahead of economic crime. Throughout this Committee’s proceedings, my colleagues and I have tabled amendments and new clauses designed to increase the scrutiny and transparency of the measures that the Bill will introduce, so as to ensure that when they are implemented, they are as effective as possible. If the Minister is not able to support the new clause, Parliament and the country more broadly would need him to come up with something better.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  20. The proposed committee would consist of nine Members drawn from the House of Commons and the House of Lords, with each member of the ECC appointed by their respective House of Parliament. The ECC would have the power to meet confidentially; it could examine or otherwise oversee any regulatory enforcement or supervision agencies involved in work related to, but not limited to, tax avoidance and evasion by corporations, illicit finance, money laundering, fraud, kleptocracy, corruption, and whistleblower protection. We welcome the new clause as it would introduce a vital mechanism for transparency and accountability within the Bill.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  21. I am happy to support new clause 75, tabled by my right hon. Friend the Member for Barking, which would require the Secretary of State by regulation to establish a body to be known as the economic crime committee of Parliament. The new clause is driven by and based on the fundamental principles of transparency and accountability. Our call for those two principles to be adhered to is important because it recognises that the structures for reviewing progress, and scrutinising and reviewing economic crime, are simply not good enough. There is too much siloed thinking. This aspect of scrutiny does not sit neatly within BEIS, the Treasury, the Home Office, or the Ministries of Defence and of Justice; it really spans the waterfront, yet those Departments are all vital parts of what should be a systemic approach to tackling economic crime.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  22. New clause 76 provides an excellent and strong platform to make that happen.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  23. I will be brief because my right hon. Friend the Member for Barking has, again, made the case so eloquently. We support new clause 76. The basic fact is that by their very nature, money laundering and economic crime are very often linked to serious organised crime gangs and hostile states. We are dealing with some pretty frightening people. Without adequate protection, the stakes for an informed insider blowing the whistle are simply too high. New clause 76 would take those vital first steps to provide more adequate protection for whistleblowers and enable the greater detection of fraud and economic crime by establishing a body specifically set up to both protect whistleblowers and investigate their reports. We feel strongly that the Government must bring forward steps to protect and enable whistleblowers.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  24. We fully welcome the new clause, which we think is very important to ensure that all perpetrators of economic crime are caught and dealt with.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  25. We welcome these new clauses, which would give effect to the Government’s stated intention to unlock the proceeds of crime held in bank accounts to fund law enforcement efforts to tackle economic crime. Their adoption would also optimise the potential of the defence against money laundering regime and streamline the process of UK law enforcement identifying tainted wealth and being able to seek its forfeiture.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  26. The new clause would require the Government to prepare and publish a wide-ranging strategy for efforts to ensure that the necessary financial compensation is made available to victims of economic crime, wherever they may be. This could and should be applied to victims of international crimes, of which the war in Ukraine is without doubt an example, but it could be applied more broadly as a means of providing a measure of justice to the victims of any other kleptocratic regimes around the world. The new clause would provide a mechanism for compensating victims of economic crime in the UK, including the thousands, or perhaps even millions, of British victims of online scams and other kinds of fraud. We therefore commend the new clause to the Committee, and I look forward to the Minister’s response.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  27. I beg to move, That the clause be read a Second time. As this is the last time I will be on my feet, I thank the Committee; it has been an excellent set of debates, and I look forward to further constructive engagement with the Government on these matters. The context of new clause 84 is the devastation caused by Putin’s barbaric and illegal war for the lives and livelihoods of Ukraine’s population. This demands a concerted cross-party and international effort, of which the UK should be at the forefront, as the staggering costs of reconstruction are sure to remain a key challenge long after the war itself has reached its inevitable end.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  28. Has the Minister any thoughts on the international forums that have been set up—for example, the Russian Elites, Proxies, and Oligarchs Taskforce and the European Commission’s Freeze and Seize Taskforce. What contribution are the UK Government planning to make to those processes?

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  29. Part 2 of this Schedule amends the Terrorism Act 2000 to make provision about financial institutions and cryptoassets. Brought up, read the First and Second time, and added to the Bill. Bill, as amended, to be reported.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  30. (1AE) For the purposes of sub-paragraph (1AB)— (a) “cryptoasset” includes a right to, or interest in, the cryptoasset; (b) “money” means— (i) money in sterling, (ii) money in any other currency, or (iii) money in any other medium of exchange, but does not include a cryptoasset. (1AF) The Secretary of State may by regulations amend the definitions in sub-paragraphs (1AB) to (1AE).” 8 In section 123 (orders and regulations), after subsection (6ZE) insert— “(6ZF) Regulations under paragraph 6(1AF) of Schedule 6 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”’— (Tom Tugendhat.) Part 1 of this Schedule amends the Anti-terrorism, Crime and Security Act 2001 to make provision for a civil recovery regime in relation to terrorist cryptoassets.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  31. (1AC) For the purposes of sub-paragraph (1)(k), “custodian wallet provider” means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer— (a) cryptoassets on behalf of its customers, or (b) private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets. (1AD) For the purposes of sub-paragraphs (1AB) and (1AC), “cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  32. 7 In Schedule 6 (financial information)— (a) in paragraph 6(1) (meaning of financial institution)— (i) omit the “and” after paragraph (ha), and (ii) after paragraph (i) insert— (b) after sub-paragraph (1AA) insert— “(1AB) For the purposes of sub-paragraph (1)(j), “cryptoasset exchange provider” means a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved— (a) exchanging or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets, (b) exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another, or (c) operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  33. (8) In relation to money held in an account that is subject to an account freezing order, references in this paragraph to a person from whom money was seized include a reference to a person by or for whom the account was operated immediately before the account freezing order was made.” 5 In Part 6, in paragraph 19(1), at the appropriate places insert— ““cryptoasset” has the meaning given by paragraph 10Z7A(1);”; ““crypto wallet” has the meaning given by paragraph 10Z7A(1);”; ““justice of the peace”, in relation to Northern Ireland, means lay magistrate;”; ““terrorist cryptoasset” has the meaning given by paragraph 10Z7A(1);”. Part 2 Amendments to the Terrorism Act 2000 6 The Terrorism Act 2000 is amended as follows.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  34. (7) Money is not to be released under this paragraph— (a) if an account forfeiture notice under paragraph 10W is given in respect of the money, until any proceedings in pursuance of the notice (including any proceedings on appeal) are concluded; (b) if an application for its forfeiture under paragraph 10Z2, is made, until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded; (c) if (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the cash is connected, until the proceedings are concluded.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  35. (5) This sub-paragraph applies where— (a) the applicant is not the person from whom the money to which the application relates was seized, (b) it appears to the court that the money belongs to the applicant, (c) the court is satisfied that the release condition is met in relation to the money, and (d) no objection to the making of an order under sub-paragraph (4) has been made by the person from whom the money was seized. (6) The release condition is met— (a) in relation to money held in a frozen account, if the conditions for making an order under paragraph 10S in relation to the money are no longer met, or (b) in relation to money held in a frozen account which is subject to an application for forfeiture under paragraph 10Z2, if the court or sheriff decides not to make an order under that paragraph in relation to the money.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  36. (3) The court may, subject to sub-paragraph (7), order the money to which the application relates to be released to the applicant if it appears to the court that— (a) the applicant was deprived of the money to which the application relates, or of property which it represents, by criminal conduct, (b) the money the applicant was deprived of was not, immediately before the applicant was deprived of it, property obtained by or in return for criminal conduct and nor did it then represent such property, and (c) the money belongs to the applicant. (4) If sub-paragraph (5) applies, the court may, subject to sub-paragraph (7), order the money to which the application relates to be released to the applicant.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  37. 4 In Part 4B (forfeiture of terrorist money held in bank and building society accounts), after paragraph 10Z6 insert— “Victims etc 10Z6A (1) A person who claims that money in respect of which an account freezing order has been made belongs to them may apply to the relevant court for the money to be released. (2) The application may be made in the course of proceedings under paragraph 10S or 10Z2 or at any other time.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  38. (10) In this paragraph— “the relevant cryptoassets” means— (a) in relation to converted cryptoassets detained under paragraph 10Z7DD, the cryptoassets mentioned in sub-paragraph (1) of that paragraph; (b) in relation to converted cryptoassets detained under paragraph 10Z7DE, the cryptoassets mentioned in sub-paragraph (1) of that paragraph; “the relevant crypto wallet freezing order”, in relation to converted cryptoassets detained under paragraph 10Z7DE, means the crypto wallet freezing order mentioned in sub-paragraph (1) of that paragraph.” 3 In Part 1, in paragraph 1(1) (terrorist cash), for “and 4B” substitute “to 4BD”.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  39. (8) If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by an immigration officer, the compensation is to be paid by the Secretary of State. (9) This paragraph does not apply if the relevant court makes an order under paragraph 10Z7DK.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  40. (7) If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by a counter-terrorism financial investigator, the compensation is to be paid as follows— (a) in the case of a counter-terrorism financial investigator who was— (i) a member of the civilian staff of a police force (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or (ii) a member of staff of the City of London police force, it is to be paid out of the police fund from which the expenses of the police force are met; (b) in the case of a counter-terrorism financial investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  41. (6) If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by a constable, the compensation is to be paid as follows— (a) in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met; (b) in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority; (c) in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  42. (3) If the relevant court is satisfied that— (a) the applicant has suffered loss as a result of— (i) the conversion of the relevant cryptoassets into money, or (ii) the detention of the converted cryptoassets, and (b) the circumstances are exceptional, the relevant court may order compensation to be paid to the applicant. (4) The amount of compensation to be paid is the amount the relevant court thinks reasonable, having regard to the loss suffered and any other relevant circumstances. (5) If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by an officer of Revenue and Customs, the compensation is to be paid by the Commissioners for His Majesty’s Revenue and Customs.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  43. Compensation 10Z7DL (1) This paragraph applies if no order is made under paragraph 10Z7DG in respect of converted cryptoassets detained under this Part. (2) Where this paragraph applies, the following may make an application to the relevant court for compensation— (a) a person to whom the relevant cryptoassets belonged immediately before they were seized; (b) a person from whom the relevant cryptoassets were seized; (c) a person by or for whom the crypto wallet mentioned in paragraph 10Z7DE(1) was administered immediately before the crypto wallet freezing order was made in relation to the crypto wallet.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD

  44. (10) Where sub-paragraph (2)(b) applies, references in this paragraph to a person from whom relevant cryptoassets were seized include a reference to a person by or for whom the crypto wallet mentioned in that provision was administered immediately before the crypto wallet freezing order was made in relation to the crypto wallet. (11) In this paragraph “the relevant cryptoassets” means— (a) in relation to converted cryptoassets detained under paragraph 10Z7DD, some or all of the cryptoassets mentioned in sub-paragraph (1) of that paragraph, and (b) in relation to converted cryptoassets detained under paragraph 10Z7DE, some or all of the cryptoassets mentioned in sub-paragraph (1) of that paragraph.

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  45. (8) The release condition is met— (a) if the conditions in this Part for the detention of the converted cryptoassets are no longer met, or (b) in relation to converted cryptoassets which are subject to an application for forfeiture under paragraph 10Z7DG, if the court or sheriff decides not to make an order under that paragraph in relation to the converted cryptoassets. (9) If (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the converted cryptoassets are connected, the converted cryptoassets are not to be released under this paragraph (and so are to continue to be detained) until the proceedings are concluded.

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  46. (7) This sub-paragraph applies where— (a) the applicant is not the person from whom the relevant cryptoassets were seized, (b) it appears to the relevant court that the relevant cryptoassets belonged to the applicant immediately before— (i) the relevant cryptoassets were seized, or (ii) the crypto wallet freezing order was made in relation to the crypto wallet in which the relevant cryptoassets were held, (c) the relevant court is satisfied that the release condition is met in relation to the converted cryptoassets, and (d) no objection to the making of an order under sub-paragraph (6) has been made by the person from whom the relevant cryptoassets were seized.

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  47. (6) If sub-paragraph (7) applies, the relevant court may, subject to sub-paragraph (9), order the converted cryptoassets to which the application relates to be released to the applicant or to the person from whom the relevant cryptoassets were seized.

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  48. (5) The condition in this sub-paragraph is that— (a) the applicant was deprived of the relevant cryptoassets, or of property which they represent, by criminal conduct, (b) the relevant cryptoassets the applicant was deprived of were not, immediately before the applicant was deprived of them, property obtained by or in return for criminal conduct and nor did they then represent such property, and (c) the relevant cryptoassets belonged to the applicant immediately before— (i) the relevant cryptoassets were seized, or (ii) the crypto wallet freezing order was made in relation to the crypto wallet in which the relevant cryptoassets were held.

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  49. (3) The application may be made in the course of proceedings under paragraph 10Z7DD, 10Z7DE or 10Z7DG or at any other time. (4) The relevant court may, subject to sub-paragraph (9), order the converted cryptoassets to which the application relates to be released to the applicant if it appears to the relevant court that the condition in sub-paragraph (5) is met.

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  50. (3) But converted cryptoassets are not to be applied or paid under sub-paragraph (1) or (2)— (a) before the end of the period within which an appeal under paragraph 10Z7DH may be made, or (b) if a person appeals under that paragraph, before the appeal is determined or otherwise disposed of. Victims etc 10Z7DK (1) This paragraph applies where converted cryptoassets are detained under this Part. (2) Where this paragraph applies, a person (“P”) who claims that the relevant cryptoassets belonged to P immediately before— (a) the relevant cryptoassets were seized, or (b) the crypto wallet freezing order was made in relation to the crypto wallet in which the relevant cryptoassets were held, may apply to the relevant court for some or all of the converted cryptoassets to be released to P.

    ECONOMIC CRIME AND CORPORATE TRANSPARENCY BILL (NINETEENTH SITTING) · 2022-11-29 · READ IN HANSARD