• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

BN66 - Joint Committee on Human Rights

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    BN66 - Joint Committee on Human Rights

    It is my belief that the Joint Committee on Human Rights should have scrutinized Section 58 before it reached the Statute book. If you read what they said in a report back in 2004, it is clear that they suspect the Treasury of paying lip service to Human Rights concerns.

    http://www.publications.parliament.u...ts/93/9305.htm

    "We remind Ministers that statements of compatibility under s. 19(1)(a) of the Human Rights Act 1998 should only be made after careful consideration of the human rights implications of the Bill, and that the Explanatory Notes to the Bill should record the reasoning behind the conclusion that the provisions of the Bill are compatible with the Convention rights. The Treasury is not exempt from the need to explain itself in such a way."

    I believe that it's worth trying to get the Committee to retrospectively review the legislation. (Sorry but I couldn't resist the pun.)

    If you agree with me then please send the following letter to your MP.

    You can email it via http://www.writetothem.com, or preferably send it snail mail.

    Dear …

    I am writing to ask for your help. I would like you to approach the Joint Committee on Human Rights, on my behalf, and request them to undertake a review of the retrospective tax introduced in Section 58 Finance Act 2008. Please feel free to forward them a copy of this letter.

    As you know, the JCHR is responsible for scrutinizing legislation which may have potential Human Rights ramifications. I have reviewed all of their published reports from 2008, and I can find no reference to Section 58 (Clause 55 FB 2008), so it would appear that they were not asked to examine this particular measure.

    In the JCHR 12th Report (May 2004), the Committee had this to say about retrospective taxes:

    “A retrospective provision would be one which levied the charge in respect of the benefit enjoyed in previous years. Such a tax would require very careful scrutiny for compatibility with the requirement of accessibility and foreseeability.”

    Given that Section 58 is a full blown retrospective provision, it seems to me that the JCHR should have been given the opportunity to scrutinize it before it ever reached the statute book.

    On 5th November 2008, HMRC's senior officer in charge of their enquiries, Alan Brannigan, sent a newsletter to users of the scheme stating:

    “[HMRC] do not consider that the legislation is in any way incompatible with the European Convention on Human Rights.”

    The Financial Secretary to the Treasury Stephen Timms has responded to representations from MPs, regarding Section 58, making the following assertions:

    "Retrospective legislation does not in itself contravene the European Convention on Human Rights. Prior to introducing the legislation the Government considered very carefully the issues relating to fairness and certainty, and the public interest, and took the view that in the circumstances the legislation was appropriate."

    It seems strange that the Government claim to have considered the legislation “very carefully”, and yet the Committee specifically tasked with scrutinizing such matters were apparently never even consulted about it.

    The retroactive nature of this tax, backdated 7 years plus interest, will have a devastating effect on the lives of hundreds of families. Many people could be forced to sell their homes, and in some cases bankruptcy may be the only option. I hope that the Committee will take this into account when deciding on an appropriate course of action.

    I look forward to hearing from you.

    Yours sincerely
    Thanks!
    DR
    17
    Yes
    88.24%
    15
    andyw
    11.76%
    2
    Last edited by DonkeyRhubarb; 12 May 2009, 12:38. Reason: NEW VERSION OF LETTER

    #2
    If you are not registered on CUK but have sent the letter, please drop me a line at [email protected] so I can keep a tally.

    So far, 4 people have sent it but we could do with a couple of dozen or so.

    Thanks
    DR

    Comment


      #3
      Stick it up 'em!

      Email sent to Michael Weir (Angus, Scotland) this morning as requested.

      Comment


        #4
        Ed Davey MP

        Sent an Email to Ed Davey Yesterday. I still have no reply from Timms but
        I'm not hanging about for a standard response.

        Comment


          #5
          Consider it done. although will be by snail mail. My MP seems to have a problem with e-mail.

          Comment


            #6
            Letter sent to Paul Beresford today.

            Keep up the great work DR.
            Join the No To Retro Tax Campaign Now
            "Tax evasion is easy: it involves breaking the law. By tax avoidance OECD means unacceptable avoidance ... This can be contrasted with acceptable tax planning. What is critical is transparency" - Donald Johnston, Secretary-General, OECD

            Comment


              #7
              I have had emails from about a dozen people who have sent it but can't vote in the poll.

              Incidentally, I intend to periodically revise the wording of the letter so they are not all the same. Don't be surprised if you see something different to what you sent.

              Thanks
              DR

              Comment


                #8
                Sent

                Have sent to my MP.
                By "Snail Mail" as well. I think that it the best way to get a speedy respose / action
                Sunt Lacrimae Rerum

                Comment


                  #9
                  have emailed my IT literate MP ...tempted tho' I was by the andyw option.

                  Comment


                    #10
                    Originally posted by CanPayButWouldRatherNot View Post
                    have emailed my IT literate MP ...tempted tho' I was by the andyw option.
                    Thanks. With the dozen or so who have emailed me, and the 8 votes in the poll, we must be passed the 20 mark by now.

                    I think 50 would create a decent thud.

                    Comment

                    Working...
                    X