UK Parliament / Open data

Sanctions and Anti-Money Laundering Bill [HL]

My Lords, again, I thank noble Lords. The noble Lord, Lord Pannick, asked me to confirm that the Bill makes no provision to change the ability of the designated person to be given the reasons for their designation and to be supplied with an irreducible minimum of the evidence against them. The only issue is that we have always said there would be national security elements. The amendment specifically says that,

“the regulations may not authorise the Minister to provide no statement of reasons”,

which I am sure the noble Lord has noted.

5.45 pm

On the opportunity for the designated person to challenge their listing, which I believe the noble Lord also raised, currently designated persons and entities can challenge their designation and the content of the sanctions in EU courts. There are currently around 100 sanctions-related cases before EU courts. Those persons and entities designated under UK sanctions regulations made using the powers in the Bill will be protected by the ability to request an administrative reassessment of the Government’s decision at the time they are designated or re-designated. Designated persons under UK sanctions will also be able to challenge their designation in the High Court. The court will then have the ability to order the Government to think again and, if necessary, make declarations of unlawfulness and, in some cases, award damages.

I trust that with those two clarifications, noble Lords are minded to support the government amendments.

About this proceeding contribution

Reference

788 c478 

Session

2017-19

Chamber / Committee

House of Lords chamber
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