16:00 - The House divided: - Ayes: 266 / Noes: 300 - Question accordingly negatived.
The Financial Secretary to the Treasury (Mr David Gauke)
It is a great pleasure, for the second time this week, for the Government to be able to inform the House of how much more we have done than the previous Government to tackle evasion, avoidance and aggressive tax planning and to become a world leader in tax transparency. In 2010, we inherited a situation in which no one could find out who really owned a company in the UK or find out the details of a London property if it was owned by a foreign company. Not only were the international rules governing multinational companies out of date, allowing the tax base to be eroded and profits to be shifted, but there was no attempt to bring those rules up to date. Nor was there any sign that those matters were going to change. Loopholes, secrecy and concealment are the issues that we are sorting out, not only through what we are doing in the UK but through our firm and decisive action overseas.
John McDonnell
I want to clarify something that the Minister just said. Can he confirm that, under his proposals, members of the public will not have access to the register of beneficial owners of companies and trusts in overseas territories or elsewhere?
Mr Gauke
Let me tell the hon. Gentleman precisely what I just said. In 2010, no one could find out who really owned a company in the United Kingdom. From June, we will be publishing a public register of beneficial ownership. What is more, HMRC could not find out who owned a company based in an overseas territory. As a consequence of the agreements we have reached this week, HMRC will be able to do exactly that. That is evidence of the progress that has been made under this Government, and that was not the case under the previous Government.
Clive Efford (Eltham) (Lab)
As my hon. Friend the Member for Hayes and Harlington (John McDonnell) pointed out, we have had lots of honeyed words from the Government about how they are going to deal with this matter. However, is that not belied by the fact that they appointed someone as the executive chair of HMRC who thinks that taxation is “legalised extortion”? Does that not demonstrate the attitude that exists in this Administration?
Mr Gauke
It is unfortunate that the hon. Gentleman seeks to smear a public servant who has served Governments of—[Interruption.] Let me make this point. This is someone who has served Governments of both colours and with whom I have worked extensively over six years. He has been and is determined to do everything he can to ensure that our tax laws are properly enforced and deal with avoidance and evasion. I suggest to anyone who throws around one line from an article written in 1999 that they look at the entire thing, because his argument is about properly addressing tax avoidance by ensuring that we get the law right. It is unfortunate when accusations are thrown around about dedicated, impartial public servants.
John Glen (Salisbury) (Con)
I pay tribute to my hon. Friend’s work over several years in dealing with some of these issues. Will he comment on the fact that this country now has the smallest gap on record between tax owed and tax paid? That is the real story about this Government’s efficiency in dealing with tax collection and the difficulties in the system.
Mr Gauke
My hon. Friend is right. The reality is that the tax gap, as a percentage of tax revenues, has fallen considerably over the past six years, which is testimony to the effort put in by not only this Government but HMRC. Bringing the tax gap down involves considerable challenges, such as tax evasion, tax avoidance, and inadvertent error on the part of taxpayers, which does happen from time to time as I am sure all hon. Members will recognise. We are determined to do what we can do improve and strengthen our systems. I am grateful for the opportunity today to make progress on that.
Robert Jenrick
Will the Minister emphasise the point about the tax gap? One of the most relevant measures is the tax gap specifically for those paying corporation tax. It was rising when the coalition Government came to power in 2010 and has fallen by almost 50% over the past six years, which is a major achievement.
Mr Gauke
I will give way to the hon. Gentleman, but I stand by the point that he has sought, not for the first time, to attack an impartial, dedicated public servant, who cannot answer back, by selectively quoting an article written in 1999. I have set out to the House the context in which that article was written. It is clear that this is someone who believes that the law should be properly enforced and who has a record over many years of doing precisely that.
Clive Efford
I am grateful to the hon. Gentleman, but he accused me of smearing this individual when I was actually quoting him word for word. He went on to say that tax is legitimised
“only to the extent of the law.”
If the bar is set too low, fewer people will pay tax and more will be able to avoid it. My point—I stick by it—is that this Government’s attitude towards tax avoidance is lax and their words are more honeyed than their actions.
Mr Gauke
This is a Government that closes loopholes year in, year out, whose actions led to the OECD work on base erosion and profit shifting, that have given more powers to HMRC, that have seen a significant fall in the tax gap, particularly in the context of avoidance, and that have a proud record on dealing with tax avoidance, tax evasion and with all abuses in the tax system.
Huw Merriman
This Government, via HMRC, have raised £2 billion since 2010 from offshore tax evasion. Does that not demonstrate that this Government ensure that the tax that should be paid is paid?
Several hon. Members rose—
Mark Durkan (Foyle) (SDLP)
I thank the Financial Secretary for giving way. He referred to the Government’s record, but that record also includes changes to the controlled foreign companies rules, which in effect cost Exchequers here and, more importantly, in developing countries.
Mr Gauke
I do not accept that. The hon. Gentleman and I have debated the issue on several occasions. When we came to office in 2010, the controlled foreign companies regime was outdated and was driving businesses out of this country. Since our reforms, more businesses have located in the United Kingdom and more businesses have located their European headquarters here. The change has added to the UK’s attractiveness as a place to do business. As for developing countries, I have said to the hon. Gentleman before that the UK has been at the forefront of building the capacity of tax authorities in developing countries to ensure that they are able to collect the tax that is due under their laws.
Several hon. Members rose—
Rehman Chishti (Gillingham and Rainham) (Con)
I thank the Minister for giving way. I of course welcome all that the Government have done on tackling tax avoidance and evasion. He says that more could be done on tax avoidance, but does he accept that, following the comments of the former Labour Foreign Secretary and Lord Chancellor, who said that the Labour Government could have taken but did not take action on tax avoidance and the previous Labour Government’s deficit, the Government are playing catch up?
Mr Anderson
In the interests of the people listening to this debate, will the Minister provide, either today or by putting something in the Library, details of companies or schemes identified since 2012 that could be classed as either morally repugnant or morally wrong, terms that were used by the Prime Minister and the Chancellor in 2012 to describe such schemes? Has any work been done on that? Can we get a register so that we know who to look out for in future?
Mr Gauke
I think the hon. Gentleman is actually being helpful—not that I ever doubted that he would be. When there is artificial, contrived behaviour and when schemes are clearly contrary to the intentions of Parliament, we need to take strong action. We are also entitled to be critical of those involved in promoting such schemes. Indeed, we brought in a regime whereby we can name and shame the promoters of tax avoidance schemes that are clearly contrary to our intentions.
Maria Caulfield
I thank the Minister for giving way. If Opposition Members want to be helpful, they could speak to the unions. Unison paid no corporation tax in 2011 or 2012, despite owning £51.6 million of stocks and shares and generating an income of over £5 million.
Mr Gauke
It would be fair to say that I try to make it a rule not to comment on the individual tax affairs of taxpayers, but perhaps those who are happy to wade in on such debates should answer such questions.
HMRC is committed to exposing and acting on financial wrongdoing. Its specialist offshore unit is currently investigating more than 1,100 cases of offshore evasion around the world, with more than 90 individuals subject to current criminal investigation. The motion calls for greater HMRC resourcing. This shows precisely why at the summer Budget of 2015 we confirmed an extra £800 million to fund additional work to tackle evasion and non-compliance by 2020-21.
We have already heard quite a lot today about HMRC resources and headcount. I have to concede that there was a period when the numbers working in compliance and enforcement fell—that period was up to 2010. If we look at where the numbers were in 2010 compared with where they are today, we see that the enforcement and compliance numbers are higher than they were when the Prime Minister, the Chancellor and I took our respective positions—there has been an increase. I accept that much more of HMRC’s work on processing self-assessment forms, for example, has been automated and the number of staff working in that area has fallen. However, the number of people working in compliance and enforcement has increased over the past six years.
Several hon. Members rose—
Mr Gauke
I want to make a few more points. Even before last week, HMRC had already received a great deal of information on offshore companies, including those in Panama and including Mossack Fonseca. This information comes from a wide range of sources and is currently the subject of intensive investigation. HMRC has asked the International Consortium of Investigative Journalists, the BBC and The Guardian to share the data they have received from last week’s leaks. Clearly, it is important to examine the data very closely, which is why we are providing new funding of up to £10 million for an operationally independent cross-agency taskforce to analyse the Panama papers and take action on any wrongdoing and regulatory breaches. The taskforce will include analysts, compliance specialists and investigators from across HMRC, the National Crime Agency, the Serious Fraud Office and the Financial Conduct Authority. Between them, those agencies will have some of the most sophisticated technology, experts and resources to tackle money laundering and tax evasion anywhere in the world. The taskforce will report to my right hon. Friends the Chancellor of the Exchequer and the Home Secretary on the strategy for taking action, and we will update Parliament later this year. I stress that the taskforce will have total operational independence. If it finds people to prosecute, it will prosecute them. If it finds information about illegality, it can act on it. In addition, the independent FCA has written to financial firms asking them to declare their links to Mossack Fonseca. If the FCA were to find any evidence that firms have been breaking the rules, it, too, has strong powers to take punitive action.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
The Minister mentioned last year’s Budget and the £800 million for non-compliance issues. However, I understand from his answer to a written question that only £266 million of that has been allocated specifically to address tax fraud. How much of that will be spent on dealing with tax evasion?
Mr Gauke
The vast majority of the additional money we have put into compliance, both the £800 million announced last year and the £1 billion announced in the last Parliament, is going to dealing with tax evasion. All of it is going into compliance, which is in the areas of dealing with tax evasion and tax avoidance, at its broadest points. I am happy to let the hon. Lady have details of the precise numbers and to write to her on that subject, but this money is going into compliance exactly to deal with these areas. We have taken this very seriously, substantial sums will be raised for us over the course of this Parliament and we are proud of our record on this.
Chris Stephens (Glasgow South West) (SNP)
First, on headcount, will the Financial Secretary confirm that there are 14,000 fewer staff in HMRC now than there were in 2010? Secondly, will he inform the House whether any HMRC staff currently have a compulsory redundancy notice?
Mr Gauke
I make no secret of the fact that HMRC is a smaller organisation than it was in 2010 in its headcount. That is because efficiency savings are capable of being found in an organisation that devotes a number of staff to processing pieces of paper when we are moving to a more digital world and we can make greater use of technology. On the area that is relevant to today’s discussion and is the concern of the House, the concern is to ensure that HMRC has the resources to deal with tax evasion and tax avoidance. In that area, headcount is not the be-all and end-all; it is about what we get out, not what we put in. As it happens, however, the numbers of people dealing with enforcement and compliance have gone up under this Government. That point sometimes seems to be missed from this debate.
In a globalised world, international action is clearly vital to stop cross-border tax avoidance, evasion and aggressive planning. The UK Government can be proud of having done more than any other country to stamp out these practices. On avoidance, we have already implemented the OECD recommendations for country-by-country reporting to improve transparency between business and tax authorities, and have advocated public country-by-country reporting on a multilateral basis. The Commission’s proposals for public country-by-country reporting are a step in the right direction towards new international rules for greater public transparency. However, we need to consider carefully the details of the Commission’s proposal, including how the reporting is done and how the information is broken down.
On transparency in the context of tax evasion, which is a key point, the UK will be the first major country to publish a register of company beneficial ownership, free for anyone to access, allowing everyone to see who owns what company. My right hon. Friend the Prime Minister made it a personal priority to use our G8 presidency to set a new global standard of tax transparency. As a result of our G8 presidency, 129 jurisdictions have committed to implementing the international standard for exchange of tax information on request, and more than 95 jurisdictions have committed to implementing the new global common reporting standard on tax transparency. This is a huge breakthrough. I recall that six years ago no one believed that we would get to that position, and I am delighted that we have done so. This is a step change in transparency.
Robert Jenrick
To emphasise that point, none of our major international economic competitors has agreed so far to have a public register of beneficial ownership. In fact, the state of Delaware, in which 90% of United States public companies are listed, has said that it has no intention of implementing this. We really are leading the world and leading our major competitors.
Mr Gauke
My hon. Friend is absolutely right to raise that point, and I will address the subject of the public register in a moment. It is considerable progress to have got central registers at all. We have pressed for that, and I am pleased that overseas territories and Crown dependencies have agreed to sign up to it.
Callum McCaig (Aberdeen South) (SNP)
The Prime Minister has stated that the registers that the overseas territories will provide will be available to tax authorities here. However, as this debate has clearly highlighted, this is a global problem, so will those registers be shared with other tax enforcement agencies globally so that they can ensure that tax is not being avoided from other countries?
Mr Gauke
The hon. Gentleman raises an important point, and I think there is scope for going further on it. What we have agreed is to ensure that we have access to those central registers. That is clearly very helpful but I think more progress can be made in that area and it is something to return to in the future.
Panama is one of the very few financial centres that has not yet fully committed to these international standards. We are clear that it should do so, and we continue to press for Panama to join the club of responsible nations. Of course, there is more international work to be done, particularly on tackling money laundering. That is why we are hosting an anti-corruption summit in May, with the aim of encouraging consensus not just on exchanging information, but on publishing such information and putting it into the public domain, as we are doing in the UK. Once again, Britain is leading the world on transparency, accountability and responsibility.
Mr Gauke
There are a few more points that I want to make, if the hon. Gentleman will forgive me.
Let me address the subject of the UK’s Crown dependencies and overseas territories. Reform of the regimes of the overseas territories and Crown dependencies has been a key objective for the UK, and the reforms that we have secured have been considerable. All the UK Crown dependencies and overseas territories with financial centres are signed up as early adopters of the common reporting standard, reporting annually from 2017 in respect of data that have already been collected. The Crown dependencies and overseas territories will share information with the UK from this year, one year earlier than the rest of the world. All the UK Crown dependencies and overseas territories with a financial centre have committed to transparency on company ownership.
Last Monday the Prime Minister announced that our overseas territories and Crown dependencies have agreed that they will provide UK law enforcement and tax agencies with full access to information on the beneficial ownership of companies. For the first time, UK police and law enforcement agencies will be able to see exactly who owns and controls every company incorporated in those territories. This is a major step forward in transparency, the result of the Government’s sustained work in this area.
It is right that we expect the overseas territories and Crown dependencies to meet international standards, and indeed they do. Yes, we want them to move towards a public central register. That is not yet the international standard. If, as the Leader of the Opposition suggests, every former colony that does not have a public register should be recolonised, where would we begin? Is he proposing that we invade Delaware? [Interruption.] Now we come to mention it, says the hon. Member for Wolverhampton South West (Rob Marris).
The reality is—and this is the point that my hon. Friend the Member for Newark (Robert Jenrick) was right to raise—that the UK is in favour of a public register. We are implementing a public register in June for the first time. We have never had one before. We want other countries to do it, but very few of our European Union colleagues do so. It is not the case that the US does it. We want to ensure that it becomes the new international standard, but Orders in Council condemning overseas territories for failing to do what most of our EU colleagues do not do would not be fair or effective. The approach that we have taken has brought the overseas territories and Crown dependencies a long way. I fear that the approach advocated by the Labour party would fail to work.
Mr Gauke
I will make some more progress. The hon. Gentleman has just arrived.
As well as leading international action, we have ensured that domestically our regime is both tough and transparent. We have invested more than £1.8 billion in HMRC since 2010 to tackle evasion, avoidance and non-compliance. The £800 million extra funding that we announced in the summer Budget 2015 will enable HMRC to recover a cumulative £7.2 billion in tax over the next five years, and to triple the number of criminal investigations it can undertake into serious and complex tax crime. In the last Parliament, we made more than 40 changes to tax law, closing down existing loopholes and introducing major reforms to the UK taxation system, raising £12 billion.
Penalties increased, new offences created, loopholes closed, new measures introduced, more money raised—it does not stop there. In this Parliament, we have already announced a further 25 measures for legislation to tackle avoidance, evasion and aggressive tax planning. These measures are forecast to raise £16 billion by 2020-21. This week, we announced that we will bring before the House this year legislation to make it a crime for corporations to fail to prevent their representatives from criminally facilitating tax evasion. This new corporate offence goes further than any other country has gone in holding corporations to account for criminal wrongdoing. It will apply to both UK and overseas corporations, and will set a new standard for corporate responsibility and accountability. I am sure that Members on all sides of the House will support any measures as they go through.
What a contrast to the 13 years of the Labour Government. This week, the Opposition ramp up the rhetoric, but it was not on our watch that private equity managers had a lower rate of tax than their cleaners. It was not on our watch that the wealthy could sidestep stamp duty. It was not on our watch that high earners could disguise their remuneration as loans that were never repaid. Those are just some of the loopholes left open by Labour—loopholes that we have been busy closing ever since.
Let me make one further point about the approach of the Labour party over the past week. Yes, taxes should be paid in accordance with the law and the intentions of Parliament, and we should take action against those who fail to do so. Those of us on the Government Benches certainly hold that view. But too often in the past week, Labour has appeared to be motivated by something else. That something else is hostility to the wealthy—not for dodging taxes, but just for being wealthy, for being successful, for earning money and for wanting to pass it on to their children. Those are things which millions of people aspire to do.
Thanks to the actions that this Conservative Government have taken domestically and overseas, we are revolutionising tax transparency and putting an end to offshore tax evasion. This is strong and firm action from a Government committed to ensuring that every penny of tax that is owed is paid. I urge the House to reject the motion.
The Economic Secretary to the Treasury (Harriett Baldwin)
I am again delighted to be given the opportunity to outline the action that the Government are proud to have taken to tackle tax evasion, tax avoidance and aggressive tax planning. No Government have done more to ensure that people and companies pay the taxes they owe and to crack down on those who do not play by the rules. That is why, from day one, we have introduced measure after measure to close the tax loopholes we inherited, to increase the punishment for those who break the law, to drive forward tax transparency and ensure that the UK is at the forefront of new global standards, to ensure that international tax rules are fit for the 21st century, to reform the regimes in overseas territories and Crown dependencies, and to increase HMRC’s powers to collect the money that pays for the public services on which we all depend.
Yes, individuals and companies should pay their fair share of tax, which is exactly what this Government have been ensuring that they do. The activities in Panama are already the subject of intensive HMRC investigation. It is imperative that the leaked data are examined closely, which is why we are setting up and providing funding for an operationally independent, cross-agency taskforce to sift through the millions of pages of data. Where there is evidence of any wrongdoing, rapid action will be taken. The Government also attach great importance to giving HMRC the resources to protect our tax base, which is why at last year’s summer Budget we announced an extra £800 million to fund additional work to tackle evasion and non-compliance by 2020-21. That will enable HMRC to recover a cumulative £7.2 billion in tax over the next five years.
The Opposition motion talks about beneficial ownership. Thanks to this Government’s action, our register of company beneficial ownership will go live in June. We are the first major country to have such a list in place, free for anyone to access. In addition, we are consulting on requiring foreign companies that own property or bid on public contracts in England to provide beneficial ownership information, too.
We heard from a range of speakers today. The hon. Member for Hayes and Harlington (John McDonnell) has a new-found interest in a topic he asked no questions on during 13 years of Labour government, but he has managed over the past week to confirm his party as anti-aspiration and anti-wealth-creation, and as wanting to create an atmosphere of envy. We heard from the hon. Member for Dundee East (Stewart Hosie), who was much more welcoming of the measures the Government have introduced, and he also attacked Labour’s lack of action in 13 years. We heard a very informed speech from my hon. Friend the Member for Torbay (Kevin Foster), a member of the Public Accounts Committee, who shared with us his expertise in that area. We also heard an interesting speech from the hon. Member for Newcastle upon Tyne North (Catherine McKinnell), who is chair and founder of the all-party group on anti-corruption. She will be aware of the proposed new offences that we are introducing in terms of prosecuting companies that fail to prevent evasion. She will want to participate in that consultation and in the process of legislation on that offence.
My hon. Friend the Member for South Suffolk (James Cartlidge) brought in his expertise in business, highlighting the steps the Government have taken to help low earners. The hon. Member for Oldham East and Saddleworth (Debbie Abrahams) used some fairly dodgy statistics, but I am pleased to confirm that the amount of £1.8 billion has been made available for compliance and enforcement, which is an increase in resources, over the last two Parliaments. She raised questions about trusts, asking whether the arrangements relating to the beneficial ownership of companies should be extended to trusts. There are many legitimate reasons for creating a trust and the vast majority of trusts across the UK are used for legitimate purposes. Setting up a blanket requirement would distract action from the areas of most concern, such as shell companies.
My hon. Friend the Member for Bracknell (Dr Lee) made an interesting speech, in which he recommended abolishing corporation tax completely. The Government are not ready to do that at this point in time. The hon. Member for Newport West (Paul Flynn) made an angry speech that included rather a lot of personal attacks on individual Conservative politicians. My hon. Friend the Member for Lewes (Maria Caulfield) made an excellent speech highlighting the Labour party’s politics of envy and our steps to make our income tax system even more progressive.
The hon. Member for Blaydon (Mr Anderson) spoke up for the low-paid, but I detected a strong streak of the politics of envy for anyone else in his speech. My hon. Friend the Member for Newark (Robert Jenrick) made a good speech about the credible action against corruption and criminality that this Government have taken. He gave an excellent and incisive summary of what we have done, drawing on his knowledge of the art world. We heard an interesting speech from the hon. Member for Glasgow South (Stewart Malcolm McDonald), and I can confirm that HMRC does work closely with Interpol and is indeed finalising the list for the anti-corruption summit as we speak. We heard helpful contributions from Members from Northern Ireland, who welcomed some of the steps the Government have taken.
In conclusion, this country is leading the way on tackling tax evasion and tax avoidance, bringing in billions from offshore tax evaders since 2010 through the actions we have taken. We have made more than 40 changes to tax law in the last Parliament alone, and in this Parliament more than 25 have already been announced for legislation.
Although Labour has suddenly decided to give lectures on tax, I remind the House that when we came into office there were foreign nationals not paying capital gains tax when selling UK property, private equity managers paying lower rates of tax than their cleaners, and rich homebuyers getting away without paying stamp duty by owning homes through companies. We have taken action to fix that. We have increased the amount paid in income tax by the top 1% from £31 billion 10 years ago to £47 billion now. We have made our taxes more internationally competitive. We have cut income tax for tens of millions of hard-working people, rewarded aspiration and made the tax system better, fairer and more efficient. That is our record. We are proud of it, and I urge the House to vote against today’s Opposition motion.