Author: Pulse Assent

Speaking after her bilateral meeting this afternoon with An Tánaiste, Simon Coveney TD, the Secretary of State reaffirmed the commitment of the United Kingdom Government to the 1998 Agreement.

Secretary of State for Northern Ireland, Rt Hon Karen Bradley MP said:

The Agreement reached on 10 April 1998 offered the prospect of a new beginning for relationships within Northern Ireland; between Northern Ireland and Ireland; and throughout these islands.

On this, the 20th anniversary of that historic Belfast Agreement, the United Kingdom Government welcomes the peace and stability that has been achieved in Northern Ireland. The bilateral relationship between the United Kingdom and Ireland has never been stronger.

The 1998 Agreement and its successors have been the bedrock of political progress in Northern Ireland over the past two decades. The UK Government remains committed to working together with the Irish Government, in full accordance with the well-established three-stranded approach to Northern Ireland affairs, to ensure that the Agreement is fully protected and implemented.

This means upholding the core principles that there can be no change in the constitutional status of Northern Ireland without the consent of a majority of people who live there; inclusive devolved government; North-South co-operation and the strongest bilateral relationship between the UK and Ireland; and the protection of people’s rights, culture and identity.

The current political impasse in Northern Ireland and the absence of a fully functioning devolved Executive and Assembly is deeply regrettable. The UK and Irish Governments remain fully committed to the restoration of devolved government at the earliest possible opportunity and will do whatever we can, in accordance with the three-stranded approach, to achieving that.

A huge amount has been achieved in Northern Ireland over the past twenty years: politically, socially, economically, and of course in respect of the security situation. There is, however, still much work to be done. Today, we take inspiration from those who took enormous risks, on all sides, to reach an accommodation twenty years ago.

The UK Government reaffirms its commitment to building a shared society in Northern Ireland that works for everyone. We also remember those who were killed or injured during the Troubles. We also recall the sacrifice of the Royal Ulster Constabulary and the Armed Forces in upholding democracy and the rule of law. We will never forget the debt that we owe them.

The UK Government continues to believe that the best way we can honour them, as well as discharge our obligations to this and future generations, is through the full implementation of the Belfast Agreement, along with its successors, to achieve a stronger, more prosperous and united Northern Ireland. We want to build a Northern Ireland that is fit for the future.

The British High Commission (BHC) in Kigali is now accepting project proposals for the 2018/2019 financial year (April 2018-March 2019).

This year the BHC is seeking to support projects in Rwanda that focus on the following themes:
• Human Rights – Implementation of the accepted 2015 UPR recommendations and strengthening human rights in Rwanda
• Justice – Strengthening the capacity of the criminal justice system, enabling improved access to justice and protection of rights for all citizens

We are particularly interested in project proposals aiming towards the following outcomes:
1. Measurable progress towards full implementation of the UPRs in Rwanda
2. Strengthening human rights in Rwanda via innovative activities to improve relationships and cooperation between all stakeholders (civil society organisations, the general public, relevant institutions and the Government of Rwanda)
3. Measurable increase awareness of, and access to judicial services, particularly for citizens in rural areas

Bid Guidance:
• Projects are funded for a single financial year running from 1st April 2018 to 31st March 2019, with no expectation of continued funding beyond this period.
• Minimum budget limit: £15,000
• Maximum budget limit: £55,000

Assessment:
Bids will be assessed against the following criteria:
• Alignment with the above mentioned thematic priorities and outcomes
• Outcomes are achievable within the funding period
• Project design includes clear monitoring and evaluation procedures
• Sustainability demonstrating the project benefits continue after the funding ends
• Risk and financial accountability procedures
• The organisation’s safeguarding policies that ensure protection of beneficiaries
• Overall value for money

Process:
1. Project proposals must be received by midnight on Friday 27th April. Late proposals will not be considered.
2. Proposals must be submitted using the attached form only.
3. Proposals must be submitted to BHC.Kigali@fco.gov.uk
4. Successful project proposals will be notified on Wednesday 9th May. Only those selected for further consideration will be notified.
5. The BHC aim to sign grant agreements with successful project implementers by 16th May

[Proposal Form for £10k to £80k:1]

[Project Form Guidance:2]

Contacts:

Robert Kamuratsi, Programme and Communications Officer, Robert.Kamuratsi@fco.gov.uk

Alternative contact:

Christopher Finucane, Head of Political Section, Christopher.Finucane@fco.gov.uk

This follows an investigation that resulted in 5 Somerset estate agents being fined more than £370,000 last year for secretly agreeing between themselves the fees they charged.

Mr David Baker and Mr Julian Frost were, at the time, both directors of Abbott and Frost Estate Agents Ltd. in Burnham-on-Sea. This was one of a group of estate agents who agreed to fix their minimum commission rates at 1.5%, so denying local home owners the chance of getting a better deal when selling their property.

During the investigation, the Competition and Markets Authority (CMA) identified that a number of directors were actively involved in the cartel or were aware of it and failed to take any steps to stop it.

The CMA secured legally binding undertakings from two of these directors – Mr Baker and Mr Frost –which have the effect of disqualifying them as directors and preventing them from being involved from being a director of any UK company.

Mr Baker has been disqualified for 3.5 years, and Mr Frost has been disqualified for 3 years.

The CMA is continuing to investigate whether to seek the disqualification of other directors of companies involved in the fee-fixing agreement.

The Competition and Markets Authority (CMA) has the power to seek the disqualification of an individual from holding company directorships, under the Company Directors Disqualification Act 1986, where they have been director of a company which has breached competition law and their conduct makes them unfit to be a director.

This is the second time a disqualification has been secured on grounds that the company broke competition law, the previous case being in December 2016.

Michael Grenfell, Executive Director for Enforcement at the CMA, said:

Agreeing prices with competitors is one of the most serious ways a company can break competition law, as it harms individuals, businesses and the economy.

When, as in this case, estate agents agreed among themselves commission fee rates, the effect is to stop people from shopping around for the best deal on one of the biggest financial decisions any of us make – selling a house.

Company directors have an important responsibility to ensure that their companies don’t engage in illegal anti-competitive practices.

Today’s news should send a clear message to directors that if their companies breach competition law they risk personal disqualification.

Notes to editors:

1. On 31 May 2017 the CMA imposed fines totalling £370,084 on 5 of the 6 agents involved- the 6th was granted immunity as part of a leniency agreement as they were the first to report the cartel to the CMA
2. The CMA is the UK’s primary competition and consumer authority. It is an independent non-ministerial government department with responsibility for carrying out investigations into mergers, markets and the regulated industries and enforcing competition and consumer law
3. Under the Company Directors Disqualification Act 1986, the CMA has the power to apply to the court for an order disqualifying a director from holding company directorships or performing certain roles in relation to a company for a specified period if a company of which he or she is a director has breached competition law. The Act also allows the CMA to accept a disqualification undertaking from a director instead of bringing proceedings. A disqualification undertaking has the same legal effect as a disqualification order
4. The Competition Act 1998 prohibits agreements, practices and conduct that may have a damaging effect on competition in the UK. The Chapter I prohibition in the Act prohibits anti-competitive agreements and concerted practices between businesses (‘undertakings’) which have as their object or effect the prevention, restriction or distortion of competition within the UK. Any business found to have infringed the Competition Act 1998 can be fined up to 10% of its annual worldwide group turnover
5. 3 out of the 6 estate agents qualified for leniency, which means the CMA will not seek disqualification against their cooperating directors, as long as the estate agent continues to comply with the terms of their leniency agreement with the CMA
6. The disqualification of Mr David Baker takes effect from 11 April 2018 for a period of 3 years and 6 months and the disqualification of Mr Julian Frost takes effect from 24 April 2018 for a period of 3 years. Mr Baker resigned as a director of Abbott and Frost on 31 January 2018
7. For more information on the CMA see our homepage or follow us on Twitter, Facebook and LinkedIn. Sign up to our email alerts to receive updates on Competition Act 1998 and civil cartels cases
8. Media enquiries should be directed to press@cma.gsi.gov.uk, or call 020 3738 6460

The Attorney General, Jeremy Wright QC MP, has today announced an update on recruitment for the next Director of the Serious Fraud Office (SFO).

David Green CB QC will leave the SFO on 20 April following 6 years as Director. David has overseen major successes and breakthroughs over recent years, including 6 convictions for rate rigging offences, the first SFO conviction after trial of a corporate entity for offences involving bribery of foreign officials and obtaining a number of high profile Deferred Prosecution Agreements.

Following a Civil Service Commission led process, a preferred candidate has been selected by the Attorney General to lead the SFO. They are currently undertaking the final stages of the appointment process and managing their exit from their current position. We will make an announcement in due course and the new Director will take up the role later this year.

Mark Thompson, currently the SFO’s Chief Operating Officer has been appointed as the Interim Director and will take on the role from 21 April.

Mark Thompson joined the SFO in 2004. He headed the SFO’s Proceeds of Crime Division from 2012 to 2016 and became its Chief Finance Officer in May 2015. Prior to joining the SFO, Mark started his career as a police officer with the Metropolitan Police before qualifying as a chartered accountant in 1997 and working for the National Audit Office and KPMG Forensic.

Commenting on the decision to appoint Mark Thompson as Interim Director, the Attorney General Jeremy Wright QC MP said:

I am grateful to Mark for taking on the role of Interim Director of the SFO. Mark has a wealth of experience in tackling corruption and economic crime and he is well placed to lead the SFO effectively at such a crucial time. He will continue to work closely with the SFO’s experienced General Counsel, Alun Milford.

Economic crime, at all levels, is a growing and changing threat and tackling it is a priority for the Government. The SFO will continue to undertake crucial work to investigate and prosecute some of the most serious and complex economic crime, working closely and collaboratively with other agencies.

I would like to thank David Green personally for his service and wish him well for his next endeavour.

As set out in the Criminal Justice Act 1987, the Attorney General appoints the DSFO.

David Green’s term ends on 20 April. This is following a 4 year contract that was extended for 2 years.

The Prime Minister will today [10 April 2018] set out ambitious new plans to help thousands of men with prostate cancer get treated earlier and faster.

Over 40,000 men will be recruited into prostate cancer studies over the next five years, which will be backed by £75 million to support new research into early diagnosis and treatment.

The Prime Minister will also meet with NHS staff during the visit to Cambridgeshire – the first in a series of discussions as the government works with the health service to develop a long-term plan for the NHS.

Ahead of the visit, Theresa May said:

Too many people endure the loss of a loved one because cancer diagnosis comes too late in the day.

Our cancer treatments are world class and survival rates are at a record high, but prostate cancer still claims thousands of lives every year.

I know we can do more. That’s why I am setting out new plans to help thousands of men get treated earlier and faster.

Today’s announcement comes as the Prime Minister confirmed the government will come forward with a fully funded, long-term plan for the NHS this year – the year of the service’s 70th birthday – in conjunction with NHS leaders, clinicians, and health experts.

She continued:

Now in its 70th year, our NHS has a bright future – since last November, we have already committed £10 billion in new funding, including a new pay deal for one million NHS workers. In fact, as part of our balanced approach to managing the economy we have increased spending on the health service every year since 2010. But I’m clear the way to secure the NHS’s future is having a long-term plan, with sustainable multi-year funding.

To inform this, I’ll be meeting doctors, nurses and other NHS staff today to understand the challenges they face and discuss how we can effectively meet the demands of the future.

Health and Social Care Secretary Jeremy Hunt said:

Prostate cancer claims too many lives every year and our ability to detect and treat it in the very early stages is crucial in fighting this disease.

The plans announced today will refocus our efforts to develop new treatments and will give men with prostate cancer, and their families, hope of survival. The NHS is a world leader in fighting cancer and survival rates are at record highs but there is still more to do – this research will ensure that many more lives are saved.

The new studies will particularly target higher risk groups including black men – one in four of whom will develop the disease – as well as men aged 50 or over and men with a family history of prostate cancer.

Over 40,000 patients will be recruited for more than 60 studies in prostate cancer, to test treatments including more precise radiotherapy, high-intensity focused ultrasound, cryotherapy, alongside supportive interventions including exercise and dietary advice.

This new research drive comes as ‘one stop cancer shops’ are being piloted in ten areas to catch cancer early and speed up diagnosis, particularly for those suffering with less obvious symptoms.

Dr Jonathan Sheffield, Chief Executive at the National Institute for Health Research (NIHR) Clinical Research Network said:

Clinical research brings us closer to the development of new treatments for prostate cancer patients.

The NIHR will work closely with the NHS, life sciences industry, charities and research funders to support the recruitment of 40,000 men into research studies over the next five years. This will provide more opportunities for earlier access to new drugs and therapies, which will ultimately lead to improved diagnoses and care in the future.

Today’s announcement will both complement and extend research undertaken over the past fifteen years in close partnership with Cancer Research UK, Prostate Cancer UK, the Medical Research Council and the NIHR.

Dr Iain Frame, Director of Research at Prostate Cancer UK said:

Prostate cancer is the most common cancer in men and it is now the third most common cause of cancer deaths in the UK.

However, with increased research investment used wisely, over the next few years we can turn this around and make prostate cancer a disease men no longer need to fear. This is what Prostate Cancer UK is striving for through our ambitious research programme.

Today’s announcement shows a very welcome and positive commitment from the government to play a key role in getting men the early and accurate diagnosis and treatments for prostate cancer they deserve. It at last shows recognition of what a huge issue prostate cancer is and the focus needed to stop it being a killer.

We look forward to finding out more about the plans laid out by the Prime Minister. By working together and pooling our resources we will be able to save more lives more quickly and build a better future for men.

The ban, from 7 February 2018 to 6 February 2032, one year short of the maximum, follows an investigation into the affairs of Fintan Noel Arrowsmith.

During the period 2010 to 2017, Fintan Arrowsmith had traded as a horticulturist but ceased trading in April 2017 after the failure of his crop.

He stated his liabilities mostly related to stock obtained on credit from suppliers and on 18 October 2017, Fintan Arrowsmith filed on his own bankruptcy petition, listing a deficiency of £39,374.

Fintan Arrowsmith was interviewed by the Official Receiver at which time he stated that he had traded as F Arrowsmith, Glebe Farm Nursery during the period 2010 to April 2017.

He further explained that in 2016 he had a significant loss of his perishable stock, which were uninsured as no underwriter was willing to insure him because of his bankruptcy history

The Insolvency Service investigation into his affairs confirmed that Fintan Arrowsmith had signed a Bankruptcy Restrictions Undertaking (BRU) on 17 November 2009, which was accepted by the Secretary of State and was effective for 11 years to November 2020.

This meant that Fintan Arrowsmith had defied his bankruptcy restrictions and obtained a variety of stock and supplies, to the value of at least £24,549, from trade creditors on cash-on-delivery and credit terms.

The Official Receiver made enquiries with these trade creditors, all of whom confirmed Fintan Arrowsmith had not disclosed that he had been made bankrupt before obtaining credit and that they would not have extended credit to Mr Arrowsmith had they been aware of this.

On 7 February 2018, a bankruptcy restrictions order (BRO) was made by the court, as directed by the Secretary of State for Business, Energy and Industrial Strategy, against Mr Arrowsmith (47), ordering him to be bound for 14 years, by the restrictions set out in insolvency law that a bankrupt is subject to until they are discharged from bankruptcy – normally 12 months – until 2032.

Gerard O’Hare, an Official Receiver at the Insolvency Service, said:

Where a bankrupt has acted contrary to restrictions placed upon him by insolvency law, by obtaining credit with fully disclosing his states, he should not expect to do so without consequences, particularly when others suffer financial loss as a result.

A bankruptcy restriction in these circumstances will serve to provide creditors with a degree of protection, and it will also act as a deterrent to the bankrupt not to act in a similar manner in the future.

Notes to editors

Mr Fintan Noel Arrowsmith is of Sleaford and his date of birth is December 1970. The Bankruptcy Order was made against him on 19 October 2017 on his own petition.

Mr Arrowsmith’s bankruptcies were:

• In 2003 – as Fintan Mahgabhan
• In 2005 – as Fintan Noel Mahgabhan-Arrowsmith
• In 2008 – as Fintan Noel Arrowsmith
• In 2017 – as Fintan Noel Arrowsmith

If the Official Receiver considers that the conduct of a bankrupt has been dishonest or blameworthy in some other way, he (or she) will report the facts to court and ask for a Bankruptcy Restrictions Order (BRO) to be made. The court will consider this report and any other evidence put before it, and will decide whether it should make a BRO. If it does, the bankrupt will be subject to certain restrictions for the period stated in the order. This can be from 2 to 15 years.

The bankrupt may instead agree to a Bankruptcy Restrictions Undertaking (BRU) which has the same effect as an order, but will mean that the matter does not go to court.

These are restrictions set out in insolvency law that the bankrupt is subject to until they are discharged from bankruptcy – normally 12 months and include that bankrupts:

• must disclose their status to a credit provider if they wish to get credit of more than £500
• who carry on business in a different name from the name in which they were made bankrupt, they must disclose to those they wish to do business with the name (or trading style) under which they were made bankrupt
• may not act as the director of a company nor take part in its promotion, formation or management unless they have a court’s permission to do so
• may not act as an insolvency practitioner, or as the receiver or manager of the property of a company on behalf of debenture holders

The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.

BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.

The agency also authorises and regulates the insolvency profession, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.

Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

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