(5 years, 2 months ago)
Commons ChamberThe hon. Lady is absolutely right to focus on the activity of the promoters. They are extremely ingenious in operating within the framework of law, but doing some very nasty and duplicitous things. They often operate offshore and it is extremely difficult to close them down when they are constantly mutating from one company to another. I assure hon. Members that we are looking at the problem extremely closely, and I hope to return to the House at some point fairly soon with some thoughts.
I worry that the Government characterise those who are suffering from the loan charge as in some way egregious tax avoiders, when it is abundantly clear that in the case of my constituents they acted on advice, openly, and in the belief that the scheme was approved by HMRC. I also worry that HMRC is behaving towards taxpayers in a fashion that is new, and in many cases, tax advisers say, unprecedented. I also think that the retrospectivity is deeply questionable.
I must say, I am surprised to hear a man of my right hon. and learned Friend’s legal standing and status regard this as retrospective, because it plainly is not. [Hon. Members: “It is!”] There are many parts of tax policy that have to look back to the basis of an asset or a liability, and that has happened here. In this case, HMRC has taken quite vigorous action over the years, in different forms, to let people know. Of course, it is subject to the loan charge review; we will see what that concludes. However, I remind my right hon. and learned Friend that these people were in many cases paying very little or zero in tax. [Interruption.] Of course the circumstances can differ, but there are a large number of people who knew, or should have known, that they were avoiding tax, and doing so un—
(10 years, 9 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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Our prosecutorial services are independent. If the Crown Prosecution Service thought that it was justified in appealing the decision that has led to the stay, it would be wholly within its discretion to decide to do so. It is right that I discussed the matter with the CPS. It was quite clear from that discussion, and indeed I concur with the view, that there was no basis for taking the matter further.
Anthony Daly was one of those killed by this bomb. He was a friend of mine, a man I knew well and a great man, and he perished in the service of his Queen and his country. May I ask the Attorney-General, first, what steps have been taken to ensure that safeguards were put in place for these kinds of letters, and have remained in place or been strengthened? Secondly, what measures were taken to discipline the people responsible for issuing this letter, at any level of the chain of authority? Thirdly, what measures will now be taken to ensure that those people make some public apology for what has been done?
I should say first of all that the police have already apologised for what has happened through the Chief Constable of the PSNI, and as I indicated there will be an inquiry by the police ombudsman. I have no doubt that that inquiry will be wide-ranging as to how this problem emerged. I hope that it will be able to provide the best safeguards, linked with the other work that will be done by the Northern Ireland Office and others, to ensure that there is never a repetition of this.