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20 July 2020
Issue: 7896 / Categories: Legal News , Constitutional law
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Spies, lies & dirty money

The long-awaited ‘Russia report’ has called for new legislation to ‘tackle espionage, the illicit financial dealings of the Russian elite and the “enablers” who support this activity’

The Official Secrets Act regime is out of date and ‘not fit for purpose’, according to the 55-page report by the Intelligence and Security Committee (ISC) into Kremlin influence, simply titled ‘Russia’.

‘Crucially, it is not illegal to be a foreign agent in this country,’ the report states. The outcome of a 2017 Law Commission consultation on a new Espionage Act is ‘still awaited’.

One specific issue an Espionage Act could address is ‘individuals acting on behalf of a foreign power and seeking to obfuscate this link’. The report refers to the US Foreign Agents Registration Act (FARA), which dates back to the 1930s and requires everyone who represents the interests of a foreign power apart from accredited diplomats to register with the authorities and provide information about activities and finances. There is no UK equivalent.

In evidence to the ISC, the director-general of MI5 said FARA-type legislation would create ‘the basis therefore of being able to pursue under criminal means somebody not declaring, thereby being undercover… today, it is not an offence in any sense to be a covert agent … unless you acquire damaging secrets and give them to your masters’.

While unexplained wealth orders were introduced in January 2018 and can be applied to assets valued at more than £50,000, they ‘may not be that useful in relation to the Russian elite’… moreover, ‘there are practical issues around their use’. The report quotes the director general of the National Crime Agency, ‘Russians have been investing for a long period of time… you can track back and you can see how they will make a case in court that their wealth is not unexplained, it is very clearly explained’.

The report states there are ‘similar concerns in relation to sanctions’.

Issue: 7896 / Categories: Legal News , Constitutional law
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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