Hansard

The tragic events in Ukraine have brought these long-standing issues to the fore.

Some members made the point that this should have happened some time ago, but it is undeniable that now is the time to lift the veil of secrecy and shine a light on who owns one of our most vital assets as a nation—our land—and to help to call out the corruption and ownership of assets that are purchased through unlawful conduct.

We want a Scotland that is, and is seen as, hostile to anybody who thinks that they can hide assets that were obtained by unlawful conduct. We support the unexplained wealth order provisions, which deliver key improvements to the effectiveness of UWOs as part of measures that will also strengthen the financial sanctions regime, which will do more to tackle corrupt regimes, businesses and individuals across the world.

On the measures included in the LCM relating to a register of overseas entities, the Scottish Government is fully supportive of measures to tackle money laundering and improve transparency of land ownership. Indeed, transparency of ownership has long been a key objective of our land reform policy and, as I mentioned, the Land Reform (Scotland) Act 2016 included provisions to establish a register of persons with a controlled interest in land.

It should be noted that UK ministers have committed to table an amendment to a sunset clause regulation-making power in schedule 4 to the bill to require consultation with the Scottish ministers before any regulations are made that impact on aspects that are devolved to Scotland.

To take up a point that Michelle Thomson made, I should say in passing that there is a lot further to go in the process, and we are taking quite a lot on trust from UK ministers. I hope that that trust is well placed and that the concerns that we have expressed are taken in the spirit in which they are intended, and are respected as we proceed.

As I said, we are entirely supportive of the sentiment behind Mr Marra’s amendment. However, I highlight that, if the bill were to be amended in the manner that he proposes, that would add little to the transparency regime in Scotland. That is due to the nature of how people had to register before 2014, and the nature of the records. People would have obligations after that was passed that they did not have then, which would create complications for taking legal action. I am happy to go into that in more detail, but it is a complex picture. Of course, our register of persons with a controlled interest in land will go live on 1 April. That will provide transparency for land and property that was acquired before 8 December 2014.

I also stress that time is short and that the UK bill needs to progress in an expedited manner to ensure that the register of overseas entities is up and running as soon as possible. As such, although we accept Mr Marra’s amendment, as I have said, we must recognise that there is no time for the UK Government to make the necessary changes.

The Scottish Government is content with all the ROE provisions that extend into devolved competence, and we recommend that the Parliament gives consent to the UK Parliament to legislate for those provisions. On reforms to the UWO regime in Scotland, the Scottish Government is supportive of the measures in the bill. As I have said, the measures that are included in the LCM will enable enforcement authorities to take more effective action against kleptocrats and serious and organised criminals who launder their funds in the UK, and they will enable UWOs to be sought against property that is held in trust and under other complex ownership structures such as opaque foundations.

I am sure that everyone in the chamber will agree that corruption and the purchase of assets through unlawful conduct are not welcome in Scotland, irrespective of from where the perpetrators originate. I urge members to support the LCM, the purpose of which is really to say—to go back to the song that I mentioned—that this land is our land, and it is not the land of kleptocrats and oligarchs. I ask all members to support the LCM.