Asked by: Baroness Jones of Whitchurch (Labour - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government, further to the Written Answer by Baroness Vere of Norbiton on 22 January (HL1443), in what circumstances His Majesty's Revenue and Customs would seek account details from banks for specified categories of tax payers beyond individuals already suspected of fraud.
Answered by Baroness Vere of Norbiton - Parliamentary Secretary (HM Treasury)
HM Revenue and Customs (HMRC) can ask for bank account details when reasonably required by the officer for the purpose of checking the taxpayer’s tax position, or for the purpose of collecting a tax debt of the taxpayer, as set out in Schedule 36 Finance Act 2008 information and inspection powers. They also have data-gathering powers that enable them to collect data from certain third parties to use in compliance activities and that includes requesting from financial institutions information relating to accounts of recipients of bank and building society interest, as detailed in Schedule 23 Finance Act 2011.
Operationally, when investigating, HMRC work on a case-by-case basis after identifying where tax is most at risk of not being paid, and design tailored, targeted and proportionate interventions to address it. They may need specific information to check a person's tax position where it may be incorrect, whether this inaccuracy was deliberate or erroneous. The vast majority of people co-operate with requests for such information and this collaborative approach enables HMRC to check the person's tax position quickly and effectively. Where this does not happen, they may use their legal powers to obtain the information directly from financial institutions.
Asked by: Baroness Jones of Whitchurch (Labour - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government what access fraud investigators in the Inland Revenue have to individual bank accounts, and what discussions they have had with banks about broadening that access beyond individuals already suspected of tax fraud.
Answered by Baroness Vere of Norbiton - Parliamentary Secretary (HM Treasury)
HM Revenue and Customs (HMRC) has long-established legislative powers to access information on bank accounts for a number of its functions, including the investigation of tax fraud. Any extension of these powers would be subject to full public consultation.
A HMRC officer may require information and examine documents from third parties, including banks and other financial institutions, using the information and inspection powers in Schedule 36 of Finance Act 2008. An officer can require information and documents that are not unduly onerous for the institution to provide or produce and are reasonably required for the purpose of checking the tax position or collecting a tax debt of the taxpayer. These civil information powers may be used by investigators that suspect fraud.[1]
In the course of conducting Criminal Investigations into suspected fraud, HMRC officers might require access to information contained in bank accounts. To obtain the account information the officer makes an application to a Crown Court to seek a Court Order, if it is granted it will be served on the bank. Granted Court Orders are specific and limit access to the accounts and date range that has been granted by the Court[2].
[1] https://www.gov.uk/hmrc-internal-manuals/compliance-handbook/ch23000, https://www.gov.uk/hmrc-internal-manuals/compliance-handbook/ch220000,
[2] https://www.gov.uk/government/publications/criminal-investigation/criminal-investigation
Asked by: Baroness Jones of Whitchurch (Labour - Life peer)
Question to the HM Treasury:
To ask Her Majesty's Government what plans they have to include clarifications for drinks producers on the application of VAT on deposits in their response to the consultation on introducing a Deposit Return Scheme, which closed on 4 June 2021.
Answered by Baroness Penn - Minister on Leave (Parliamentary Under Secretary of State)
It is a fundamental principle of VAT that all amounts paid for the purchase of goods are subject to VAT, including amounts under drinks deposit return schemes (DRS). The Government is committed to making DRS work effectively and is exploring how the VAT regulations may be amended to support the schemes. HMRC will issue guidance on the application of VAT to deposit refunds in advance of the introduction of any scheme.Asked by: Baroness Jones of Whitchurch (Labour - Life peer)
Question to the HM Treasury:
To ask Her Majesty's Government what assessment they have made of the impact that VAT laws would have on the rollout of a Deposit Return Scheme.
Answered by Baroness Penn - Minister on Leave (Parliamentary Under Secretary of State)
It is a fundamental principle of VAT that all amounts paid for the purchase of goods are subject to VAT, including amounts under drinks deposit return schemes (DRS). The Government is committed to making DRS work effectively and is exploring how the VAT regulations may be amended to support the schemes. HMRC will issue guidance on the application of VAT to deposit refunds in advance of the introduction of any scheme.Asked by: Baroness Jones of Whitchurch (Labour - Life peer)
Question to the HM Treasury:
To ask Her Majesty's Government what plans they have to introduce regulations to amend VAT law to accommodate the introduction of the Deposit Return Scheme.
Answered by Baroness Penn - Minister on Leave (Parliamentary Under Secretary of State)
To ensure that new drinks deposit return schemes (DRS) being introduced across the UK operate effectively, the Government is exploring how VAT regulations may be amended to support the operation of new DRS and will continue to work closely with stakeholders.Asked by: Baroness Jones of Whitchurch (Labour - Life peer)
Question to the HM Treasury:
To ask Her Majesty's Government what discussions they have had with the Financial Conduct Authority about enforcement action against the food delivery company Just Eat over its failure to comply with the mandatory requirement to disclose climate change risks to investors in its annual report.
Answered by Lord Agnew of Oulton
The Financial Conduct Authority (FCA) does not generally confirm or deny whether it is investigating a particular firm or individual.
The FCA has powers to take a variety of enforcement actions against firms that breach its rules. It is the responsibility of the independent regulator to investigate and decide upon the appropriate course of action in a particular case. The Treasury has no general power of direction over the FCA and cannot intervene in individual cases.
Asked by: Baroness Jones of Whitchurch (Labour - Life peer)
Question to the HM Treasury:
To ask Her Majesty's Government how many customs border points will be in place between Northern Ireland and Britain at the end of the transition period of the UK's departure from the EU; where any such border points will be sited; and how many trained inspectors will be employed at each border point.
Answered by Lord Agnew of Oulton
The Government has been clear that it does not see the need to construct any new bespoke customs infrastructure in Northern Ireland (or in Great Britain ports facing Northern Ireland) in order to meet its obligations under the Protocol.
As set out in the Command Paper on the Northern Ireland Protocol, the Government guarantees unfettered access for Northern Ireland’s businesses to the whole of the UK market. This means no declarations, tariffs, new regulatory checks or customs checks. There will be only very limited exceptions to this, for example in upholding international obligations (such as in the movement of endangered species).
Goods moving from GB into NI will be subject to very limited additional processes such as electronic import declarations and traders can receive assistance for these from the free-to-use Trader Support Service.
Asked by: Baroness Jones of Whitchurch (Labour - Life peer)
Question to the HM Treasury:
To ask Her Majesty's Government what plans they have, if any, to remove the entitlement to use red diesel in agriculture, fish farming and rail beyond 2022; and if so, what support they will provide to those industries to improve their energy efficiency or source greener alternatives.
Answered by Lord Agnew of Oulton
The Government has no current plans to review the entitlement to use red diesel in agriculture, fish farming and rail.
However, the Government still expects these users of red diesel to improve the energy efficiency of their vehicles and machinery, or to look for greener alternatives. To support the development of these alternatives, the Government has committed to at least a doubling of the size of the Energy Innovation Programme, accelerating the design and production of innovative clean energy technologies.
Asked by: Baroness Jones of Whitchurch (Labour - Life peer)
Question to the HM Treasury:
To ask Her Majesty's Government what proportion of the £9.2 billion funding to invest in the energy efficiency of homes, schools and hospitals announced in the Queen's Speech is new money that has not already been allocated.
Answered by Earl of Courtown - Captain of the Queen's Bodyguard of the Yeomen of the Guard (HM Household) (Deputy Chief Whip, House of Lords)
The Government takes its environmental responsibilities very seriously and is committed to meeting net zero by 2050.
Any spending decisions are for future fiscal events. This year’s Budget and Spending Review will confirm multi-year budgets including those commitments made in the Queen’s speech.
We are considering what further fiscal and other policy measures are needed to meet our net zero target and HMT Net Zero Review will be looking at how to pay for net zero over the course of this year.
Asked by: Baroness Jones of Whitchurch (Labour - Life peer)
Question to the HM Treasury:
To ask Her Majesty’s Government what steps they will take to match, post-Brexit, the funding provided by the European Investment Bank for the environment and water industry within the UK; and what long-term plans they intend to have in place to guarantee future funding.
Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)
The Government is in the process of assessing the contribution the EIB makes in the UK, including in the water sector, but we are clear that the future relationship between the UK and the EIB will be a matter for the Article 50 negotiations.