Tax Avoidance (HSBC)

Ed Balls Excerpts

Monday 23rd February 2015 Commons Chamber

[Ed Balls (Morley and Outwood) (Lab/Co-op)]

(Urgent Question): To ask the Chancellor of the Exchequer if he will make a statement about the HSBC tax evasion scandal.

[Mr Speaker]

Order. I do not wish to be pedantic, simply accurate, but I think the wording of the urgent question was “avoidance”—the tax avoidance scandal. The point is on the record.

[The Chancellor of the Exchequer (Mr George Osborne)]

The allegations about tax evasion at HSBC Swiss are extremely serious and have been the subject of extensive investigation by Her Majesty’s Revenue and Customs. Money has been recovered for the Exchequer, and HMRC continues to be in active discussion with our prosecuting authorities. The chief executive of HMRC and the Director of Public Prosecutions have confirmed that they have the necessary resources to carry out their work on this matter, and if they need more resources they will get them.

The House should know, however, that in each and every case the alleged tax evasion—both by individuals and the bank—happened before 2006 when the shadow Chancellor was the principal adviser on tax policy and economic affairs to the then Labour Government. News that the French had got hold of the files with the names of the bank accounts became publicly known in 2009 when the shadow Chancellor was sitting on the Government Benches, and the files were requested and recovered by HMRC before May 2010, when he was a member of the Cabinet.

The right hon. Gentleman has written to ask me five questions about my responsibilities. I will answer each one directly, and in return he can account for his own responsibilities. He asked about what he calls the selective prosecution policy pursued by HMRC, and whether that decision was made by Ministers. Yes, that decision was made by Ministers, and the Inland Revenue’s overall approach to prosecuting cases of suspected serious tax fraud was set out in the Official Report on 7 November 2002, column 784W, in an answer by the then Chancellor of the Exchequer, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown). That was confirmed again when HMRC was created in 2005—again by the right hon. Gentleman. I have increased resources for tackling tax evasion, and as a result prosecutions are up fivefold. I have answered for my responsibility on that question; perhaps the right hon. Member for Morley and Outwood (Ed Balls) will answer for his and tell us whether he drafted that policy.

Secondly, the right hon. Gentleman asked when I was first made aware of the HSBC files, what action I took, and whether I discussed them with the Prime Minister. I first became aware of the existence of the files in 2009 when a story appeared in the Financial Times. I was shadow Chancellor at the time so I could take no action, and I could not discuss it with the then Prime Minister because I was not on speaking terms with him. That is what I knew. The right hon. Member for Morley and Outwood was a Cabinet Minister. When he heard about these revelations, did he speak to the Prime Minister about them?

Thirdly, the right hon. Member for Morley and Outwood asked why we appointed Stephen Green to the Government. We appointed him because we thought he would do a good job as trade Minister, as did the Labour party, which welcomed the appointment. The trade job was not Stephen Green’s first public appointment. That was when he was appointed by the previous Government to be not just a member of the Prime Minister’s business council but its chair—a post he continued to hold after the existence of the HSBC files became public and after HMRC negotiated to recover them under the previous Government. I have explained why we appointed Stephen Green. Perhaps the right hon. Member for Morley and Outwood will explain why he appointed Stephen Green.

Fourthly, the right hon. Gentleman asked about discussions with Stephen Green on tax evasion. I can confirm that the Cabinet Secretary and the director general of ethics at the Cabinet Office carried out the background checks for ministerial appointments that were put in place by the previous Government. Stephen Green’s personal tax affairs were examined by HMRC on behalf of the House of Lords Appointments Commission, again using the procedures put in place by the previous Government. Those are the procedures we followed when we appointed Stephen Green. What procedures did the right hon. Gentleman follow?

Finally, the right hon. Gentleman asked me why I signed a deal with the Swiss authorities in 2012. He does not need my explanation. Listen to what the shadow Chief Secretary at the time, the hon. Member for Newcastle upon Tyne North (Catherine McKinnell), said:

“We support the agreement signed by the UK and Swiss Governments to secure billions in unpaid tax.”––[Official Report, Finance Public Bill Committee, 26 June 2012; c. 655.]

She is right: billions of unpaid tax never collected under a Labour Government. Under this Government, tax evasion is at the top of the G8 agenda. We have collected more money and prosecutions have increased five times over. Ahead of the Budget, I set the Treasury to work on providing further ways to pursue not just the tax evaders, but those providing them with advice. So anyone involved in tax evasion, whatever your role, this Government are coming after you. Unlike the previous Government, who simply turned a blind eye, this Government are taking action now and will do so again at the Budget. So I am happy, any time, to answer for our record on tackling tax evasion. Now, let him account for his.

[Ed Balls]

Finally, the Chancellor has been dragged to the House to answer questions about the HSBC scandal, which broke a full two weeks ago. At a time when the living standards of working people are squeezed, when our public services are under pressure, when HSBC is paying out high bonuses and when the amount of uncollected tax has gone up under this Government, we need proper answers, not another Chancellor sweeping these issues under the carpet as we have heard today. [Interruption.] I think the hon. Member for Northampton North (Michael Ellis) should listen to these questions and then the Chancellor can tell us whether he actually has any answers. Don’t you agree, Mr Speaker?

Detailed information was passed to this Government in May 2010 about 1,100 HSBC clients—[Interruption.]

[Mr Speaker]

Order. These exchanges are not, frankly, to the advantage of this House. They will be conducted in a more decorous atmosphere. I say to Members on both sides who are calculatedly trying to whip it up and are shouting at the tops of their voices, some holding very senior positions in this House: cut it out or get out.

[Ed Balls]

We know when they shout that it is because they have something to hide, Mr Speaker. That is the truth.

First, let me ask the Chancellor about what he knew and when. Two weeks ago, Downing street announced that no Minister found out about the HSBC issues until two-and-a-half weeks ago. At the weekend, the Chancellor said that he should not be involved in the tax dealings of any individual bank. Today, he has told us he knew in 2009. If he knew about systemic abuse on this scale in 2009, why did he not act when he became Chancellor? That is the first question.

Secondly, given that the Chancellor says he knew about this in 2009, why, five years on, has there been only one prosecution after the provision of 1,100 names? We know that in November 2012 HMRC confirmed that the Government had adopted a selective prosecution policy. Let me ask the Chancellor: given he knew what was happening at HSBC, did he confirm he wanted a selective prosecution policy in these cases?

Thirdly, why in 2012 did the Chancellor sign a deal with the Swiss authorities that has prevented the UK from actively obtaining similar information in the future? The agreement states that the UK and Swiss Governments will

“not actively seek to acquire customer data stolen from Swiss banks”.

Why sign up to a declaration that clearly impedes HMRC’s and the Government’s ability to act in the future? Two weeks ago, they told us it was because they did not know, but we now know that the Chancellor has known for six years. Why did he sign that deal?

Fourthly, if the Chancellor and the Prime Minister knew what was happening at HSBC in 2009, why, one month after the Government received these files, did they appoint the chair of HSBC during the period in question as a Conservative peer and Minister? What due diligence did the Government carry out in advance, and did the Prime Minister and the Chancellor see the details? Fifthly, did Lord Green have any involvement in the Swiss tax deal when he was a trade Minister? Did he ever advise the Treasury on it? Did the Chancellor discuss what happened at HSBC with Lord Green in the almost three years he was a Conservative Minister? Two weeks ago, the Prime Minister was unable to answer that question. Did the Chancellor discuss the Swiss deal and those past events at HSBC with Lord Green, who was appointed as a Minister after this scandal came to light?

It is not good enough for the Chancellor to shout and bluster, and to try and sweep these questions under the carpet and claim he did not ask the questions. Since the Government were given the files, he has been the Chancellor for five years. Is it not clear either that he and the Prime Minister were negligent in failing to act on the evidence the Government received, including about HSBC and Lord Green, or, just as with the appointment of Mr Coulson, that they deliberately turned a blind eye?

[Mr Osborne]

Well, I do not think that performance will save the shadow Chancellor’s political career. Every single question he asked I had already answered. The whole House can see that the person bringing this question to the House is the person with the most to answer for, and that he has no answers. He has nothing to say about the fact that every single one of these alleged offences occurred when he was the principal tax adviser to the last Labour Government, and nothing to say about the fact that the HSBC files came to light while he was in office. He said I admitted I knew about them in 2009. I read the Financial Times—it was in the newspapers; he was in the Cabinet and did absolutely nothing about it. He said that the information was provided to the Government in May 2010.

[Ed Balls]

indicated assent.

[Mr Osborne]

He nods his head, but the information was provided in April 2010, when there was a Labour Government and he was in the Cabinet. He has nothing to say either about the agreement with the French authorities restricting the use that could be made of this information—an agreement that we are now busily trying to change.

None of these things has the shadow Chancellor admitted to or apologised for, and none of it is of any surprise to Government Members, because the Labour party was the friend of the tax avoiders and the tax evaders when it was in office. When we entered office, City bankers were paying lower tax rates than those who cleaned for them; foreigners were not paying capital gains tax; hedge funds were abusing partnership rules; and the richest in our society routinely did not pay stamp duty at all. We have put at end to all of that, and we will take more action in the Budget. All we have on the Opposition Benches is a bunch of arsonists throwing rocks at the firefighters who are putting out the fire that they started.

The shadow Chancellor comes to the House fighting for his political life. He asks about tax evasion, but he was the principal tax adviser when tax evasion occurred. His economic policy is in tatters, and he cannot name a single business supporter of his business policy. His tax avoidance campaign has turned into a war with his own window cleaner. Now he has lost the confidence of his colleagues and his leader, but he lost the confidence of the country a long time ago.