Loan Charge

Hywel Williams Excerpts

Thursday 18th January 2024 Commons Chamber

[Hywel Williams (Arfon) (PC)]

It is a pleasure to agree with so many right hon. and hon. Members, which I must say is a novel experience for me. Looking at the history of this scandal, it reminds me of the time when many of our constituents were claiming working tax credits. Sometimes those credits were overpaid, and they would receive letters from the Revenue, which were standard letters but had individual clauses stitched together to give the semblance of having been personalised. One such sentence is etched on my memory. It goes like this:

“Even though we told you that your assessment was correct, it was not reasonable for you to believe so.”

[Laughter.]Thank you. This, though, is an extremely serious matter. As I thought about how I would approach the debate, I thought that I would tell the story of my constituent, Rob Cowen, who was a victim of the loan charge scandal. I do, however, speak today for other colleagues in Plaid Cymru, and particularly my right hon. Friend the Member for Dwyfor Meirionnydd (Liz Saville Roberts), who cannot be here, though she would wish to be.

While some people gained financially through the use of umbrella organisations and services, Rob Cowan was using the scheme on advice as a simple accounting service so that he could be paid legally and conveniently, as so many other people found. He had sought advice from accountants, who assured him that the product he was using was legal; only later did he find out that it was not.

Rob has suffered immensely since then. Back in 2011 when he was in his early 50s, he was considering winding down his business, changing his work pattern, moving from full-time to part-time work and enjoying the fruits of his work over many decades. He then started receiving communications from HMRC, informing him that he was liable to pay back thousands of pounds due to the loan charge. That forced him back into full-time work, but that aggravated a repetitive strain injury that he had developed over the course of his working life. Eventually, that led him to becoming disabled, so he could no longer work and make an income to pay back the money due under the loan charge.

At the age of 63, Rob found himself unable to work and unable to pay back the money that allegedly he owes, and he faces a very bleak future. He now has no savings and no ability to work. He cannot pay HMRC the money that it says he owes. He has suffered psychological and physical trauma from this ordeal, as have so many. To give just one example, which I am sorry to say is common, he told me recently that he was unable to switch on the heating during this very cold period. He cannot afford it, as so many people have found.

[Hannah Bardell (Livingston) (SNP)]

I thank the hon. Gentleman for sharing that powerful example. I have constituents in my Livingston constituency who have suffered and who have come to see me. As the right hon. Member for North East Somerset (Sir Jacob Rees-Mogg) spoke about the other scandals that we have faced and challenged in this place, I was reminded of the Primodos scandal, and the words of Baroness Cumberlege, “First do no harm”. It should be the duty of the Government of the day, and of this place, to first do no harm to our constituents. When harm is done and policies are wrong, as this one has been proven to be, surely it is the duty of Government and HMRC to take some responsibility, and not to put the hon. Gentleman’s constituents, my constituents and others through hell before they get the justice that they need. How many more folk need to die before this will be sorted out?

[Hywel Williams]

I thank the hon. Lady for that powerful point. It is an old saw, but justice delayed is justice denied, which is quite obviously the case in this matter.

My constituent also points to the stigma associated with what has happened to him, as other right hon. and hon. Members have pointed out. He feels that he is in the wrong; he is being made to feel that he did something wrong but he acted in good faith throughout, sought expert advice and followed the advice that he was given, because he had no intention of doing anything wrong. In contrast, as has been pointed out—I will finish on this point—the owners of the companies that ran these schemes have made considerable sums of money. Rob feels that he has been denied a fair hearing, while other people have got away with it.

As the hon. Member for Buckingham (Greg Smith) said, HMRC is judge, jury and executioner in its own case, which is obviously wrong. People are receiving retrospective punishments even though they acted in good faith. There must be justice for Rob Cowen and the other victims of these schemes and of HMRC’s behaviour. I join the calls on the Minister to act quickly.