UK Sanctions Bill raises constitutional concerns

HOLs

The House of Lords Select Committee on the Constitution has published its Report on the UK Sanctions and Anti-Money Laundering Bill, in which it (inter alia):

  1. Considers it “constitutionally inappropriate” for Ministers to have such broad delegated powers, in particular to create new forms of sanctions, and says there must be sufficient safeguards and adequate parliamentary scrutiny to make those powers “constitutionally acceptable”.
  2. Recommends that the requirement for designation decisions to be limited by the concept of “proportionality” should appear on the face of the Bill, that EU law remedies for those subject to UN sanctions should be retained, that reviews of designations should take place more frequently than every 3 years, and that those designated are given rights of defence.
  3. Invites the House of Lords to consider whether the power to designate by description as opposed to name, and by connection with certain countries, are appropriate, too broad and whether they comply with legal certainty.
  4. Expresses “deep concern” that the Bill permits criminal offences to be created by regulation.
  5. Asks whether the consent of the devolved legislatures should be required when regulations are made amending or repealing legislation that they enacted.

The Explanatory Notes to the Bill have also been published – link here.

This entry was posted in United Kingdom by Maya Lester QC. Bookmark the permalink.

About Maya Lester QC

Maya Lester QC has a wide ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. As the most recent (2016) Chambers & Partners directory put it, she "owns the world of sanctions". She spent 2011-12 in New York at Columbia Law School lecturing and writing on sanctions. She represents and advises hundreds of companies and individuals before the European and English courts and has acted in most of the leading cases, including Kadi, Tay Za, Central Bank of Iran, NITC and IRISL.

Please Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s