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Baroness Penn

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Penn, Baroness (22)

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My Lords, the Government agree that, where there are wider implications, it is critical that the bodies within the financial services regulatory framework, including the FCA and the FOS, co-operate effectively.

As my noble friend Lady Noakes noted, that is why Clause 38 of this Bill introduces a statutory duty for...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 cc157-8GC
House
House of Lords

I will have to write to the Committee to clarify the timescale for the noble Baroness.

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c158GC
House
House of Lords

My Lords, I recognise the keen interest across this Committee in the provisions in the Bill to tackle financial crime and fraud more generally, and, in this group of amendments, on tackling APP scams specifically and the related work of the Payment Systems Regulator to introduce mandatory reimbursement. The noble...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 cc165-7GC
House
House of Lords

I apologise to the noble Lord; I did have an answer for him on that. The Bill is clear that the Payment Systems Regulator has the duty to act on mandatory reimbursement. The PSR has the relevant powers and expertise, as well as the appropriate discretion, to determine the most...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c167GC
House
House of Lords

My Lords, the Government have a lot of sympathy with noble Lords who feel that they or their families have been subject to unreasonable treatment due to their status as politically exposed persons, or PEPs. As noble Lords have mentioned, I have engaged with noble Lords to understand this issue...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 cc191-2GC
House
House of Lords

That is a question of who is classed as a domestic PEP, not of the need to have a regime in place to identify domestic PEPs and then look at what enhanced due diligence measures should be applied to them.

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c192GC
House
House of Lords

I do not think that would be consistent with the Financial Action Task Force guidance that is interpreted at a UK level.

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c192GC
House
House of Lords

My Lords, to deal with the question of the risk assessment undertaken as part of this work, as I have already said, the Government have engaged closely with law enforcement and the intelligence community to inform our understanding of the risk in this area. It is a difficult area, and...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 cc193-4GC
House
House of Lords

As I said, I shall take away the point about what further I can say about the work on the risk assessment. The focus has been on looking at risk, and my understanding is that, in considering that, the question of close associates or family members—I believe that is the...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c194GC
House
House of Lords

My Lords, although I have not been following the detail of that Bill, I am aware of the provisions in it. As part of looking at this question, one question asked is, in our broader ecosystem

of the checks and balances that we have on our politicians and people defined...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 cc194-5GC
House
House of Lords

I believe that it aimed to get relevant information from all those involved and take a holistic view. I appreciate and agree that we need to ensure that, when these measures are put in place, they are proportionate to the risk faced, so it is entirely right to interrogate that...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c196GC
House
House of Lords

I absolutely take that point. It comes back to the appropriate and proportionate enforcement of these regulations. I know that that is something noble Lords have raised previously, but we need to continue to work to ensure that it takes place.

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c196GC
House
House of Lords

My Lords, I have already set out for the Committee, and I repeat now, the reasons why UK domestic PEPs may be at greater risk of money laundering. For example, in the general sense, the positions of influence that we have can put us at greater risk. I have also...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c197GC
House
House of Lords

I am very happy to clarify for the Committee and anyone who may be reading our proceedings, that we, due to our positions of influence, are at greater risk of being targeted by those who may seek to engage in money laundering.

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c198GC
House
House of Lords

I am sure that many of us in this Committee would do so—

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c198GC
House
House of Lords

I am sure we all would. The noble Baroness, Lady Bowles, asked me to set out in writing the position of the Financial Action Task Force in terms of the requirements for foreign and domestic PEPs. I will also set out in writing the position on the risk assessment that...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c198GC
House
House of Lords

Others are involved in looking at the risks of money laundering in counterterrorist and proliferation financing, which I believe are subject to these regulations.

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c199GC
House
House of Lords

The Government believe that the decision about the scope of the money laundering regulations is best taken by, and should remain with, the Government, rather than being delegated to the FCA.

I turn to Amendment 224 from the noble Baroness, Lady Hayter of Kentish Town. This would require the FCA to...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c199GC
House
House of Lords

Okay—I was going to talk about the engagement that we have conducted so far and will continue.

My noble friend Lord Trenchard touched on my noble friend Lord Forsyth’s Amendment 234, but I am not sure whether anyone spoke to it specifically. In my response, I addressed the Committee’s desire to...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c199GC
House
House of Lords

The noble Lord is absolutely right to say that. This Government are committed to do that with the regulator. I understand this Committee’s desire to look at legislative change, but I have also heard from the Committee that the guidance is clear on the lower risks of PEPs, and the...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
13 March 2023
Reference
828 c200GC
House
House of Lords