Economic Crime and Corporate Transparency Bill — Report (2nd Day) — Amendment 125A — 27 Jun 2023 at 19:30

Moved by Lord Garnier

125A: After Clause 194, insert the following new Clause-“Failure to prevent fraud and money laundering(1) A relevant body is guilty of an offence if a person who is associated with the body (“the associate”) commits a fraud or money laundering offence intending to benefit (whether directly or indirectly)-(a) the relevant body, or(b) any person to whom, or to whose subsidiary, the associate provides services on behalf of the relevant body.(2) The relevant body is not guilty of an offence under subsection (1)(a) where the conduct underlying the offence was intended to cause harm to the body.(3) It is a defence for the relevant body to prove that, at the time the relevant offence was committed- (a) the body had in place such prevention procedures as it was reasonable in all the circumstances to expect the body to have in place, or(b) it was not reasonable in all the circumstances to expect the body to have any prevention procedures in place.(4) In subsection (3) “prevention procedures” means procedures designed to prevent persons associated with the body from committing fraud or money laundering offences as mentioned in subsection (1).(5) A “fraud or money laundering offence” is an act which constitutes-(a) an offence listed in Schedule 11 (failure to prevent fraud: fraud offences) (a “listed offence”), or(b) aiding, abetting, counselling or procuring the commission of a listed offence.(6) For the purposes of this section a person is associated with a relevant body if-(a) the person is an employee, agent or subsidiary of the relevant body, or(b) the person otherwise performs services for or on behalf of the body.(7) Whether or not a particular person performs services for or on behalf of a relevant body is to be determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship between that person and the body.(8) Where a relevant body is liable to be proceeded against for an offence under subsection (1) in a particular part of the United Kingdom, proceedings against the body for the offence may be taken in any place in the United Kingdom.(9) Where by virtue of subsection (8) proceedings against a relevant body for an offence are to be taken in Scotland-(a) the body may be prosecuted, tried and punished in a sheriff court district determined by the Lord Advocate, as if the offence had been committed in that district, and(b) the offence is, for all purposes incidental to or consequential on the trial or punishment, deemed to have been committed in that district.(10) A relevant body guilty of an offence under this section is liable-(a) on conviction on indictment, to a fine;(b) on summary conviction in England and Wales, to a fine;(c) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum.(11) In this section-“relevant body” means-(a) a body which is incorporated under the law of any part of the United Kingdom and which carries on a business (whether there or elsewhere),(b) any other body corporate (wherever incorporated) which carries on a business, or part of a business, in any part of the United Kingdom,(c) a partnership which is formed under the law of any part of the United Kingdom and which carries on a business (whether there or elsewhere), or(d) any other partnership (wherever formed) which carries on a business, or part of a business, in any part of the United Kingdom,and, for the purposes of this section, a trade or profession is a business;“sheriff court district” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).(12) It is immaterial for the purposes of section (1) whether- (a) any relevant conduct of a relevant body, or(b) any conduct which constitutes part of a relevant fraud or money laundering offence,takes place in the United Kingdom or elsewhere.”

Ayes 176, Noes 160.

Debate in Parliament |

Public Whip is run as a free not-for-profit service. If you'd like to support us, please consider switching your (UK) electricity and/or gas to Octopus Energy or tip us via Ko-Fi.

All Votes Cast - sorted by party

Lords for which their vote in this division differed from the majority vote of their party are marked in red. Also shows which lords were ministers at the time of this vote. You can also see every eligible lord including those who did not vote in this division.

Sort by: Name | Party | Vote

NamePartyVote
The Bishop of LondonBishopaye
The Bishop of ManchesterBishopaye
Lord Agnew of OultonCon (front bench)aye
Lord Garnier Con (front bench)aye
Baroness Morgan of CotesConaye
Lord Ahmad of WimbledonCon (front bench)no
Lord Altrincham Con (front bench)no
Baroness Anelay of St JohnsCon (front bench)no
Lord Ashcombe Conno
Lord Ashton of HydeCon (front bench)no
Lord Balfe Conno
Baroness Barran Con (front bench)no
Lord Bellamy Con (front bench)no
Lord Bellingham Conno
Lord Benyon Con (front bench)no
Baroness Berridge Con (front bench)no
Baroness Bertin Con (front bench)no
Lord Borwick Con (front bench)no
Lord Bourne of AberystwythConno
Baroness Bray of ColnCon (front bench)no
Viscount Bridgeman Con (front bench)no
Baroness Browning Con (front bench)no
Lord Brownlow of Shurlock RowCon (front bench)no
Lord Caine Con (front bench)no
The Earl of CaithnessCon (front bench)no
Viscount Camrose Con (front bench)no
Lord Carrington of FulhamCon (front bench)no
Baroness Chisholm of OwlpenConno
Lord Colgrain Con (front bench)no
The Earl of CourtownCon (front bench)tellno
Lord Crathorne Con (front bench)no
Lord Cruddas Conno
Lord Davies of GowerCon (front bench)no
Lord de Mauley Con (front bench)no
Lord Dobbs Conno
Lord Duncan of SpringbankCon (front bench)no
Lord Dunlop Conno
Viscount Eccles Con (front bench)no
The Earl of EffinghamConno
Baroness Evans of Bowes ParkCon (front bench)no
Lord Evans of RainowCon (front bench)no
Lord Fairfax of CameronCon (front bench)no
Baroness Fall Con (front bench)no
Lord Farmer Conno
Lord Fink Conno
Baroness Finn Con (front bench)no
Lord Forsyth of DrumleanConno
Baroness Foster of OxtonConno
Baroness Fraser of CraigmaddieCon (front bench)no
Lord Godson Con (front bench)no
Baroness Goldie Con (front bench)no
Lord Goldsmith of Richmond ParkCon (front bench)no
Lord Griffiths of FforestfachCon (front bench)no
Lord Hamilton of EpsomCon (front bench)no
Lord Hannan of KingsclereCon (front bench)no
Lord Harlech Con (front bench)no
Lord Harrington of WatfordConno
Lord Harris of PeckhamConno
Lord Haselhurst Con (front bench)no
Lord Hayward Conno
Baroness Helic Conno
Lord Henley Con (front bench)no
Lord Herbert of South DownsConno
Lord Hill of OarefordCon (front bench)no
Lord Hodgson of Astley AbbottsConno
Lord Holmes of RichmondCon (front bench)no
Baroness Hooper Conno
Lord Horam Conno
Lord Howard of RisingCon (front bench)no
Earl Howe Con (front bench)no
Lord Howell of GuildfordCon (front bench)no
Lord Hunt of WirralCon (front bench)no
Lord Jackson of PeterboroughConno
Baroness Jenkin of KenningtonCon (front bench)no
Lord Johnson of LainstonCon (front bench)no
Lord Kamall Con (front bench)no
Lord Kirkhope of HarrogateCon (front bench)no
Lord Lamont of LerwickCon (front bench)no
Baroness Lawlor Conno
Baroness Lea of LymmCon (front bench)no
The Earl of LeicesterConno
Lord Lexden Con (front bench)no
Lord Lilley Con (front bench)no
The Earl of LindsayCon (front bench)no
Lord Lingfield Con (front bench)no
Lord Lucas Con (front bench)no
Baroness Manzoor Conno
Lord Markham Con (front bench)no
Lord Marlesford Conno
Lord Maude of HorshamConno
Baroness McGregor-Smith Con (front bench)no
Lord McInnes of KilwinningCon (front bench)no
Baroness McIntosh of PickeringCon (front bench)no
Lord McLoughlin Con (front bench)no
Baroness Meyer Con (front bench)no
Baroness Mobarik Con (front bench)no
The Duke of MontroseCon (front bench)no
Baroness Morris of BoltonCon (front bench)no
Lord Mott Con (front bench)no
Lord Moylan Con (front bench)no
Baroness Moyo Conno
Lord Murray of BlidworthCon (front bench)no
Lord Naseby Con (front bench)no
Baroness Neville-Jones Con (front bench)no
Baroness Neville-Rolfe Con (front bench)no
Baroness Newlove Con (front bench)no
Baroness Nicholson of WinterbourneCon (front bench)no
Lord Norton of LouthConno
Baroness O'Neill of BexleyConno
Lord Offord of GarvelCon (front bench)no
Lord Parkinson of Whitley BayCon (front bench)no
Lord Patten Conno
Lord Patten of BarnesConno
Baroness Penn Con (front bench)no
Baroness Pidding Conno
Lord Polak Con (front bench)no
Lord Popat Conno
Lord Randall of UxbridgeConno
Baroness Rawlings Conno
Lord Reay Con (front bench)no
Lord Remnant Conno
Lord Risby Conno
Lord Robathan Con (front bench)no
Lord Roberts of BelgraviaConno
Baroness Rock Conno
Baroness Sanderson of WeltonCon (front bench)no
Lord Sandhurst Con (front bench)no
Lord Sarfraz Con (front bench)no
Baroness Sater Con (front bench)no
Baroness Scott of BybrookCon (front bench)no
Baroness Seccombe Con (front bench)no
Lord Selkirk of DouglasConno
Lord Sewell of SandersteadConno
Lord Sharpe of EpsomCon (front bench)no
Lord Sherbourne of DidsburyCon (front bench)no
Lord Shinkwin Conno
Lord Smith of HindheadCon (front bench)no
Lord Soames of FletchingCon (front bench)no
Baroness Stedman-Scott Con (front bench)no
Lord Stewart of DirletonCon (front bench)no
Lord Strathclyde Con (front bench)no
Baroness Sugg Con (front bench)no
Baroness Swinburne Con (front bench)no
Lord Swire Conno
Viscount Trenchard Con (front bench)no
Lord True Con (front bench)no
Lord Tugendhat Conno
Lord Udny-Lister Con (front bench)no
Baroness Vere of NorbitonCon (front bench)no
Baroness Verma Con (front bench)no
Lord Wei Con (front bench)no
Lord Wharton of YarmConno
Baroness Williams of TraffordCon (front bench)tellno
Lord Wolfson of TredegarConno
Lord Wrottesley Conno
Baroness Wyld Con (front bench)no
Lord Young of CookhamCon (front bench)no
Viscount Younger of LeckieCon (front bench)no
Lord Alton of LiverpoolCrossbench (front bench)aye
Lord Cameron of DillingtonCrossbench (front bench)aye
Lord Carlile of BerriewCrossbench (front bench)aye
Lord Cromwell Crossbench (front bench)aye
Baroness D'Souza Crossbench (front bench)aye
Baroness Deech Crossbench (front bench)aye
Baroness Falkner of MargravineCrossbenchaye
Lord Greenway Crossbenchaye
Lord Hannay of ChiswickCrossbench (front bench)aye
Lord Londesborough Crossbench (front bench)aye
Lord Macpherson of Earl's CourtCrossbench (front bench)aye
Baroness Neuberger Crossbench (front bench)aye
Lord St John of BletsoCrossbenchaye
Lord Stevens of BirminghamCrossbenchaye
Lord Vaux of HarrowdenCrossbench (front bench)aye
Baroness Wheatcroft Crossbench (front bench)aye
Viscount Brookeborough Crossbenchno
Lord Carrington Crossbench (front bench)no
Viscount Craigavon Crossbenchno
Lord Mawson Crossbench (front bench)no
Lord Browne of BelmontDUPaye
Lord Dodds of DuncairnDUP (front bench)aye
Lord McCrea of Magherafelt and CookstownDUPaye
Lord Morrow DUPaye
Baroness Bennett of Manor CastleGreenaye
Baroness Anderson of Stoke-on-TrentLab (minister)aye
Lord Anderson of SwanseaLab (minister)aye
Baroness Andrews Lab (minister)aye
Lord Bach Lab (minister)aye
Lord Bassam of BrightonLab (minister)aye
Baroness Blake of LeedsLab (minister)aye
Baroness Blower Lab (minister)aye
Lord Bradley Lab (minister)aye
Lord Browne of LadytonLab (minister)aye
Lord Campbell-Savours Labaye
Baroness Chakrabarti Lab (minister)aye
Viscount Chandos Lab (minister)aye
Baroness Cohen of PimlicoLab (minister)aye
Lord Collins of HighburyLab (minister)aye
Lord Davidson of Glen ClovaLabaye
Lord Davies of BrixtonLab (minister)aye
Baroness Donaghy Lab (minister)aye
Lord Dubs Labaye
Lord Evans of WatfordLabaye
Lord Falconer of ThorotonLab (minister)aye
Lord Faulkner of WorcesterLab (minister)aye
Lord Foulkes of CumnockLab (minister)aye
Baroness Gale Labaye
Baroness Golding Labaye
Lord Grantchester Lab (minister)aye
Lord Grocott Lab (minister)aye
Lord Hacking Labaye
Viscount Hanworth Lab (minister)aye
Lord Harris of HaringeyLabaye
Lord Haworth Labaye
Baroness Hayman of UllockLab (minister)aye
Baroness Healy of Primrose HillLab (minister)aye
Lord Hendy Lab (minister)aye
Lord Howarth of NewportLabaye
Lord Hunt of Kings HeathLabaye
Lord Kennedy of SouthwarkLab (minister)tellaye
Baroness Kennedy of The ShawsLab (minister)aye
Lord Knight of WeymouthLab (minister)aye
Baroness Lawrence of ClarendonLab (minister)aye
Lord Layard Lab (minister)aye
Lord Leong Lab (minister)aye
Lord Levy Labaye
Baroness Liddell of CoatdykeLab (minister)aye
Lord Liddle Lab (minister)aye
Baroness Lister of BurtersettLabaye
Lord Livermore Lab (minister)aye
Baroness Mallalieu Lab (minister)aye
Lord Mandelson Labaye
Lord Maxton Labaye
Lord McAvoy Labaye
Baroness McIntosh of HudnallLab (minister)aye
Lord McNicol of West KilbrideLab (minister)aye
Baroness Merron Lab (minister)aye
Lord Morgan Labaye
Baroness Morris of YardleyLab (minister)aye
Baroness Nye Labaye
Baroness O'Grady of Upper HollowayLab (minister)aye
Baroness Osamor Lab (minister)aye
Lord Ponsonby of ShulbredeLab (minister)aye
Baroness Primarolo Lab (minister)aye
Baroness Ramsay of CartvaleLabaye
Baroness Rebuck Labaye
Lord Reid of CardowanLab (minister)aye
Lord Robertson of Port EllenLab (minister)aye
Lord Rooker Lab (minister)aye
Lord Rowlands Lab (minister)aye
Lord Sahota Lab (minister)aye
Baroness Sherlock Lab (minister)aye
Lord Sikka Labaye
Baroness Smith of BasildonLab (minister)aye
Lord Snape Lab (minister)aye
Viscount Stansgate Lab (minister)aye
Baroness Symons of Vernham DeanLab (minister)aye
Baroness Taylor of BoltonLab (minister)aye
Baroness Taylor of StevenageLab (minister)aye
Baroness Thornton Lab (minister)aye
Lord Tunnicliffe Lab (minister)aye
Lord Turnberg Labaye
Baroness Twycross Lab (minister)aye
Baroness Warwick of UndercliffeLab (minister)aye
Lord Watson of InvergowrieLab (minister)aye
Lord Watson of Wyre ForestLab (minister)aye
Lord Watts Lab (minister)aye
Baroness Wheeler Lab (minister)tellaye
Baroness Whitaker Labaye
Lord Whitty Lab (minister)aye
Baroness Wilcox of NewportLab (minister)aye
Lord Wood of AnfieldLab (minister)aye
Lord Young of Norwood GreenLab (minister)aye
Baroness Young of Old SconeLab (minister)aye
Lord Addington LDem (front bench)aye
Baroness Bakewell of Hardington MandevilleLDem (front bench)aye
Baroness Barker LDem (front bench)aye
Lord Beith LDem (front bench)aye
Baroness Benjamin LDemaye
Baroness Bonham-Carter of YarnburyLDem (front bench)aye
Baroness Bowles of BerkhamstedLDem (front bench)aye
Baroness Brinton LDemaye
Lord Bruce of BennachieLDem (front bench)aye
Lord Clement-Jones LDem (front bench)aye
Lord Dholakia LDem (front bench)aye
Baroness Doocey LDem (front bench)aye
Lord Foster of BathLDem (front bench)aye
Lord Fox LDem (front bench)aye
Baroness Garden of FrognalLDem (front bench)aye
Lord German LDem (front bench)aye
Lord Goddard of StockportLDemaye
Baroness Grender LDemaye
Baroness Hamwee LDem (front bench)aye
Baroness Harris of RichmondLDem (front bench)aye
Baroness Humphreys LDem (front bench)aye
Lord Hussain LDemaye
Baroness Hussein-Ece LDem (front bench)aye
Baroness Janke LDemaye
Baroness Kramer LDem (front bench)aye
Lord Marks of Henley-on-ThamesLDem (front bench)aye
Lord McNally LDem (front bench)aye
Lord Oates LDem (front bench)aye
Lord Paddick LDem (front bench)aye
Lord Palmer of Childs HillLDem (front bench)aye
Baroness Pinnock LDem (front bench)aye
Lord Purvis of TweedLDem (front bench)aye
Baroness Randerson LDem (front bench)aye
Lord Razzall LDem (front bench)aye
Earl Russell LDemaye
Lord Scriven LDem (front bench)aye
Lord Sharkey LDem (front bench)aye
Baroness Sheehan LDemaye
Lord Shipley LDem (front bench)aye
Baroness Smith of NewnhamLDem (front bench)aye
Lord Stoneham of DroxfordLDem (front bench)aye
Lord Storey LDem (front bench)aye
Lord Strasburger LDem (front bench)aye
Lord Stunell LDemaye
Baroness Suttie LDem (front bench)aye
Baroness Thomas of WinchesterLDem (front bench)aye
Baroness Thornhill LDem (front bench)aye
Viscount Thurso LDemaye
Lord Tope LDemaye
Lord Willis of KnaresboroughLDem (front bench)aye
Lord Wrigglesworth LDemaye
Lord Austin of DudleyNon-affiliatedaye
Lord Cashman Non-affiliatedaye
Lord Faulks Non-affiliatedaye
Baroness Kennedy of CradleyNon-affiliated (front bench)aye
Lord Mann Non-affiliatedaye
Baroness Ritchie of DownpatrickNon-affiliated (front bench)aye
Lord Wallace of TankernessNon-affiliatedaye
Lord Walney Non-affiliatedaye
Lord Gadhia Non-affiliatedno
Baroness Hoey Non-affiliatedno
Baroness Stowell of BeestonNon-affiliated (front bench)no
Lord Wigley PCaye

About the Project

The Public Whip is a not-for-profit, open source website created in 2003 by Francis Irving and Julian Todd and now run by Bairwell Ltd.

The Whip on the Web

Help keep PublicWhip alive