Statutory Instrument 2006 No. 2657
The Terrorism (United Nations Measures) Order 2006
which was published on the 10th October, and came into force on the 12th October 2006, says, in the Explanatory Notes:
A partial regulatory impact assessment of the effect that this instrument will have on the costs of business may be attained [sic] from the Asset Freezing Unit of the Financial Crime Team, HM Treasury, 1 Horse Guards Road, London SW1A 2HQ and is also available on HM Treasury's website (www.hm-treasury.gov.uk). A copy of the regulatory impact assessment has been placed in the libraries of both Houses of Parliament.
Unfortunately, we can find no reference to this United Nations Measures 2006 Order Partial Regulatory Impact Assessment on the HM Treasury website, and, despite emailing and phoning the Treasury , they have not been forthcoming.
Does the Partial RIA actually exist, or is it still being revised and there was an error in the Explanatory Notes to the Statutory Instrument ?
Why the secrecy ?
Is it to do with the Gordon Brown's evasive answers to questions about SWIFT financial network snooping scandal ?
This Order in Council , which is as long and as complicated as many full Acts of Parliament, and which Parliament did not have the opportunity to scrutinise or debate, was published in the middle of a public consultation:
This public consultation ends on December 6th 2006, and includes a Partial Regulatory Assessment, running to some 28 pages.
Money Service Businesses, including foreign exchange bureaux, cheque cashing businesses, and electronic funds transfer systems like Western Union, have been used for money laundering by organised drugs smuggling and terrorist gangs etc.
However, The Terrorism (United Nations Measures) Order 2006, does not apply to just these businesses, it applies to every UK person, either individual or corporate.
We would therefore expect this Partial Regulatory Impact Assessment to be longer and more comprehensive that the one just dealing with Money Services Businesses.
Why should we have had to resort to a formal Freedom of Information Act request, to ask to see a document which has already been published, according to the Order in Council, signed on behalf of Her Majesty the Queen by the Privy Council ?
How can anyone respond sensibly to the Money Service Business consultation, without having read the very relevant, United Nations Measures 2006 Partial RIA as well ?
What do these new financial snooping powers mean in terms of extra red tape and costs to customers of UK financial institutions ?
What is the privacy and security impact of these new powers, especially as they seem to sidestep the limited protections offered by the Regulation of Investigatory Powers Act and the Data Protection Act ?