Tax Avoidance and Evasion Debate

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Department: HM Treasury

Tax Avoidance and Evasion

James Cartlidge Excerpts
Wednesday 13th April 2016

(8 years, 1 month ago)

Commons Chamber
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John McDonnell Portrait John McDonnell (Hayes and Harlington) (Lab)
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I beg to move,

That this House notes with concern the revelations contained within the Panama Papers and recognises the widespread public view that individuals and companies should pay their fair share of tax; and calls upon the Government to implement Labour’s Tax Transparency Enforcement Programme which includes: an immediate public inquiry into the revelations in the Panama Papers, HMRC being properly resourced to investigate tax avoidance and evasion, greater public sector transparency to ensure foreign companies wanting to tender for public sector contracts publicly list their beneficial owners, consultation on proposals for foreign companies wanting to own UK property to have their beneficial owners listed publicly, working with banks to provide further information over beneficial ownership for all companies and whom they work for, the swift implementation of full public country-by-country reporting with a fair turnover threshold as well as ensuring robust protection for whistle blowers in this area, ensuring stricter minimum standards of transparency of company and trust ownership for Crown Dependencies and Overseas Territories, consideration of the development of the Ramsey Principle by courts, implementation of an immediate review into the registry of trusts, and the strengthening and extension of the General Anti-Avoidance Rule to cover offshore abuses.

I see that the Chancellor is absent again today. Much as I look forward to seeing the various members of his Treasury team, is there a specific reason why he is not here for this important debate? I am happy to give way. [Interruption.] Is it critical? In respect of his attendance at the International Monetary Fund, he might look at yesterday’s IMF report that downgraded the growth expectations for our economy and think again about the policies he is pursuing, which fail to invest in the infrastructure, skills and new technology that our economy needs to compete in the world market. Perhaps we will send him a letter and he can say hello to the Chamber some time when he happens to be passing through.

We need to move the debate about tax avoidance and evasion on to the issue of the fairness and effectiveness of our tax system, and we need to do so as constructively as we can. The leak of documents from Panama lawyers Mossack Fonseca has provoked an extraordinary public discussion, and an entire hidden world has been brought into the light. What it reveals is profoundly unsettling.

We now know that Mossack Fonseca sat at the centre of a vast web of tax evasion and tax avoidance. The world’s super-rich commissioned its services to hide their income and wealth from the public gaze. Some of them had plainly criminal intentions. Money from the Brink’s-Mat robbery was allegedly laundered through a shell company set up by Mossack Fonseca, while the Mexican drug baron Rafael Caro Quintero held his property through a shell company established by Mossack Fonseca.

James Cartlidge Portrait James Cartlidge (South Suffolk) (Con)
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Disturbing points have been raised about Putin and the Russian regime. Will the hon. Gentleman confirm whether the shadow Treasury spokesman, his hon. Friend the Member for Leeds East (Richard Burgon), raised any of those points about the Russian Administration when on “Russia Today”?

John McDonnell Portrait John McDonnell
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That certainly will happen in future.

Even if they were not criminals, many of Mossack Fonseca’s clients, if not all, had the strong intention of evading or avoiding the taxes that would otherwise have been due from them.

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John McDonnell Portrait John McDonnell
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May I press on for a little while? I am only on the third page of my speech. This is getting ridiculous. I will give way to the hon. Gentleman later, but I have already given way a fair amount. As you know, Mr Speaker, I am generous, but I do not want to speak for too long.

Even today, we have not seen the Prime Minister’s full tax return or that of the Chancellor, and it is important that that should happen. The Prime Minister established the principle, which I advocated three months ago, that the Prime Minister, the Chancellor, the Leader of the Opposition and the shadow Chancellor should publish their tax returns—not summaries; their full tax returns—but that has not happened.

However, what confronts us today is an issue far bigger than any individual. At the centre of the allegations is a single issue. The fundamental problem is not tax avoidance by this individual or that company; those are symptoms of the disease. The fundamental issue is the corruption of democracy itself. At the core of our parliamentary system is the idea that those who levy taxes on the people are accountable to the people. If those who make decisions about our taxation system are believed to be avoiding paying their own taxes, that undermines the whole credibility of our system.

James Cartlidge Portrait James Cartlidge
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Will the hon. Gentleman give way?

John McDonnell Portrait John McDonnell
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I had better give way to the hon. Member for Newark (Robert Jenrick) first; otherwise, he will be disappointed.

John McDonnell Portrait John McDonnell
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It depends on the issue that is being addressed. Sometimes harking back to the medieval period may be the most effective way of dealing with these problems.

John McDonnell Portrait John McDonnell
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I must press on. I will give way to the hon. Gentleman later, if that is okay.

The common understanding is also that those who live here and benefit from public services will make a proportionate contribution towards them. The level of taxation may vary—sometimes it is higher, sometimes lower—but because we have a shared sense of fairness, we expect those with the broadest shoulders to carry the greatest burden in taxes. Over the last 30 years, however, we have witnessed the growth of wealth inequality on such a scale that it has undermined that basic principle of democracy. Figures from Oxfam suggest that the richest 1% own more than the rest of the world combined.

John McDonnell Portrait John McDonnell
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Let me press on for a little while. I will return to the hon. Gentleman, I promise.

Great hoards of assets, in property and in financial wealth, have been built up. According to the best available measures, the levels of income inequality in Britain today are climbing as high as they were at the time of the first world war. The share of income going to the super-rich has risen almost inexorably for three decades. We are returning to the levels of inequality that were experienced before universal suffrage—before women had the vote, and before the development of universal free education and healthcare—in a world that existed before the gains of democracy brought obscene levels of wealth inequality under control, and created a more humane society for the majority.

John McDonnell Portrait John McDonnell
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Let me press on. I will come back to the hon. Gentleman.

The world of the Rockefellers and the robber barons is the one to which we are returning: a world in which there is immense, almost unimaginable wealth for a gilded elite, but insecurity for growing numbers. Much of that wealth is now held offshore in secretive, unaccountable tax havens. According to the most recent estimate, $21 trillion dollars, equivalent to a third of global GDP, is hidden from taxation systems in global tax havens. It is estimated that, if taxed fairly, that wealth would raise $188 billion a year in extra taxation.

This is not about a few families seeking to “minimise their tax bill”, as was claimed by the hon. Member for Gainsborough (Sir Edward Leigh). It is systematic. An offshore world is operating parallel to the world in which the rest of us live. This is not an accident. The offshore world is being constructed, piece by piece, by multinational corporations and the super-rich, aided by shady offshore operations such as Mossack Fonseca, and—we must be honest about this—supposedly reputable accountancy firms here in London are also playing their part. According to the Public Accounts Committee, PwC has aided tax avoidance “on an industrial scale”. Deloitte has advised big businesses on avoiding tax in African countries. Ernst and Young act as tax advisers to Facebook, Apple and Google, and just last month KPMG had one of its tax-avoidance schemes declared illegal by the High Court. Together, the big four accountancy firms in this country earn at least £2 billion annually from their tax operations.

But it is not just them. Banks headquartered and operating in London have been particularly proficient in directing their funds through Mossack Fonseca shell companies. HSBC and its affiliates created more offshore companies through Mossack Fonseca—over 2,300 in total—than any other bank. Coutts, a subsidiary of RBS, created over 500 offshore companies through its subsidiary in Jersey. Supposedly reputable companies are aiding and abetting the systematic abuse of our tax system.

We should be clear: the City of London is being viewed by many as a tax haven in the middle of a dense network of havens created for the super-rich to avoid the taxes the rest of us must pay.

James Cartlidge Portrait James Cartlidge
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Does the hon. Gentleman accept that in 2010 the richest 1% contributed 25% of all tax, and does he welcome the fact that the Chancellor revealed in the Budget that that has now increased to 28%?

John McDonnell Portrait John McDonnell
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It is not just a matter of tax, is it? It is not just a matter of income tax, either. Of course I recognise those figures, but distributional analysis has been undertaken independently of the Government. Conservative party policy since 2010 has seen some of the biggest losses for the poorest, not the wealthiest. The Women’s Budget Group put together the tax gains, the tax paid, the services cut and the benefit cuts. The poorest 10% will lose 21% of their income annually as a result of this Government’s policy—five times more than the top 10%. The analysis of the Institute for Fiscal Studies clearly shows that this year’s Budget hits the poorest 80% harder than the richest. Eighty per cent. of those cuts fall on whom? It is on women.

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James Cartlidge Portrait James Cartlidge (South Suffolk) (Con)
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It is a pleasure to speak in this debate and to follow the hon. Member for Newcastle upon Tyne North (Catherine McKinnell). She made an excellent speech, at the start of which she summarised very well the feeling of public anger about an elite who seem to live by rules different from those that apply to the average member of society. I agree with her.

I want to speak along the same lines as the hon. Member for Dundee East (Stewart Hosie), who has just left the room, and talk about the underlying issues. Why is there such public anger about this issue? Tax avoidance and tax evasion have been going on for hundreds of years. Smuggling was tax evasion. When people filled in their windows to avoid the window tax, that was tax avoidance. Why has there recently been a crescendo of public anger? It cannot be simply because the Panama papers have been in the press. I argue that it is caused by underlying economics and the fissures that emerged in our society after the great credit crunch in 2008.

David Anderson Portrait Mr Anderson
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The hon. Gentleman might want to consider the fact that the poor people of the country are lectured constantly by the Government, who keep telling them that we are all in this together. Quite clearly, we are not.

James Cartlidge Portrait James Cartlidge
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We have a record low in the number of workless households. Worklessness is the single biggest cause of poverty. The Government have a very strong record on dealing with poverty, and I will come on to that.

Debbie Abrahams Portrait Debbie Abrahams
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It is generous of the hon. Gentleman to give way, but I have to challenge him on his last point. There are more people in work who are in poverty than ever before.

James Cartlidge Portrait James Cartlidge
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I simply do not agree with that. I want to start by focusing on the action that has been taken, because I do not think that the anger out there is caused by a lack of action.

Kevin Foster Portrait Kevin Foster
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Will my hon. Friend give way?

James Cartlidge Portrait James Cartlidge
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May I just make one point first, although it is lovely to have so popular a speech and so many interventions? On the action we have taken, as my hon. Friends the Members for Torbay (Kevin Foster) and for Newark (Robert Jenrick) have said, there has been a 50% fall in the corporation tax gap. I am sure that that is the sort of point on which my hon. Friend the Member for Torbay wants to support me.

Kevin Foster Portrait Kevin Foster
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I thank my hon. Friend for giving way. He has already been very generous with interventions. Does he agree that one of the things that really used to anger people was that an office cleaner could be paying a higher rate of tax than a hedge fund manager who worked in the same office? That was happening not in a tax haven, but here in the UK, and it is right that it was tackled.

James Cartlidge Portrait James Cartlidge
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That is an excellent point. It was a fundamental injustice, and we dealt with it. In the latest Budget, we announced a series of measures to tackle tax avoidance on matters such as hybrid mismatch, VAT evasion through online sales and the general anti-abuse rule. We will introduce a new penalty of 60% of tax due in all GAAR cases that are successfully tackled. We have brought in a long list of measures on matters such as serial tax avoidance and offshore avoidance.

On the broader point about the wider economics, I founded a small business in 2004—a mortgage broker specialising in the shared ownership sector—and it was obvious to me in the build-up to 2008 what was coming down the track. I believe that the then Government were trying to tackle inequality through debt. In those days, two potential homebuyers, one of whom was relatively wealthy and well educated, and the other who had less good skills and was less able to command such a salary, could both obtain similar levels of mortgage through the extraordinary measures that existed at the time, such as self-certified and sub-prime mortgages. We all know where that led.

In terms of public debt, the then Government’s main measure to deal with inequality was tax credits, which led to a £30 billion increase in in-work benefits. We paid for that increase in benefit spending on the national overdraft at a time when the country was doing pretty well and the world economy was relatively strong.

Mark Tami Portrait Mark Tami (Alyn and Deeside) (Lab)
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Will the hon. Gentleman clarify something? He seemed to be saying that less intelligent people should not be allowed to have mortgages. Is that what he was saying?

James Cartlidge Portrait James Cartlidge
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I think that the hon. Gentleman should withdraw that remark. I find that genuinely offensive. What I said was that the rules were very lax, and self-certification meant that someone on a low salary could get a very large mortgage, just like someone who earned a large amount. That is exactly the point that I was making. We all know that that led to a huge crash in 2008.

We have one fundamental question to answer. How, in the current economic context, do we go about trying to deliver a fairer economy, which we all want, where more people share in the growth that we have been able to deliver? We need strong measures to counter tax avoidance. We need the public to feel as though we are all in this together, and that we are all paying our fair share.

Alex Chalk Portrait Alex Chalk (Cheltenham) (Con)
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On the point about everyone paying their way, does my hon. Friend welcome the fact that under this Government, the top 1% of earners are paying 28% of tax, which is a far higher percentage than under the Labour Government? [Interruption.]

James Cartlidge Portrait James Cartlidge
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There are shouts from Labour Members, because I made that point earlier, but it is worth repeating. I am delighted that my hon. Friend made it, because it is so strong.

Callum McCaig Portrait Callum McCaig
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Will the hon. Gentleman give way?

James Cartlidge Portrait James Cartlidge
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I am very popular today.

Callum McCaig Portrait Callum McCaig
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The hon. Gentleman is exceptionally popular today. The point about the richest 1% paying the largest amount of tax has been baffed about a number of times today as though it is some sign of virtue. It is, in fact, a sign of the gross inequality that exists in the country, which needs to be addressed.

James Cartlidge Portrait James Cartlidge
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It is a sign that the rich are paying more tax. How does that make society more unequal?

Let me talk about the measures that we should be pursuing. Yes, we should be cracking down on aggressive tax avoidance, but if we are to help people across society to have a share, we need measures such as the national living wage, which was introduced on 1 April by a Conservative one nation Government. There are those who say that the national living wage is not generous enough. They have obviously not been reading The Guardian, which recently used The Economist’s Big Mac index to prove that the national living wage is more generous than the minimum wage in any other European country except Luxembourg. Only in Luxembourg can someone buy more burgers with the minimum wage than they can with the national living wage in this country. [Interruption.] The hon. Member for Glasgow South (Stewart Malcolm McDonald) asked what this had to do with tax avoidance. The underlying issue is fairness. It is about how we achieve an economy in which there is a widespread sense that everyone has opportunity and the chance to earn a decent wage.

We are delivering that in circumstances far more adverse than those that faced the Government before 2010. We have had a small majority and the first coalition since the second world war. We have had the biggest deficit since the second world war—11.5% of GDP—which we have cut by two thirds. In that context, it is difficult to grow our way out of such a problem and deliver fairness. [Interruption.] The hon. Member for Glasgow South keeps chuntering, but he is not adding a great deal to the debate.

Robin Walker Portrait Mr Robin Walker (Worcester) (Con)
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My hon. Friend is talking about fairness and about some of the challenges that we faced with the deficit that we inherited. Is he not proud that in those circumstances, not only have we shifted income tax from the lowest paid to the highest paid, but we have helped small businesses? Through the reforms to business rates, we will take many smaller businesses out of business rates altogether while making multinationals pay more.

James Cartlidge Portrait James Cartlidge
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My hon. Friend is absolutely right to mention small businesses. I used to say to people that I ran a small business, but measured by the amount of corporation tax we paid, we were bigger than Google. The fact is that those who run small businesses feel as though they have to comply. They cannot afford expensive lawyers. I agree with the hon. Member for Newcastle upon Tyne North about the sense that there is an elite who live by different rules. We have to deal with that, but we must not run away from the key point—my concluding point—with which my hon. Friend the Financial Secretary also concluded, namely that when we talk about transparency, the transparency that really matters to the public is about our ideals and our beliefs.

What do we really believe? I fundamentally believe in the free market. I believe in capitalism. I believe in individuals getting out there and using their creativity to earn their way in the world. We cannot go back to paying our way through debt and unsustainable public finances. In the circumstances, we need to maximise the tax that we get, but we also need to maximise the investment into the country from companies that we have heard the Labour Front Benchers criticise. Those big professional firms in London are massive employers in this country. We need to expand our exports from the services sector. Basically, we need a positive, free enterprise agenda with a fair sense that companies and individuals are paying their fair share, which does not denigrate the free market but creates sustainable growth to deliver prosperity for all.

Natascha Engel Portrait Madam Deputy Speaker (Natascha Engel)
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Order. I have now to announce the result of a deferred Division on the question relating to employment agencies etc. The Ayes were 307 and the Noes were 241, so the Ayes have it.

[The Division list is published at the end of today’s debates.]

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Phillip Lee Portrait Dr Lee
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I thank the hon. Gentleman for his contribution, but the political and philosophical point in it is that he does not believe that reducing the size of the state is necessarily in the interests of the majority. I do, and that is where we diverge, but the hon. Gentleman is right that there is a sense that the middle are carrying the burden and the very rich are not. However, all these things that we have been discussing, about which I have no knowledge—I wish I had money in trusts, offshore or elsewhere—are legal. If something is legal, I believe that it is legitimate. To those who believe that there is a moral component to paying tax, I say, “Get real.”

We probably need to look at the system first. Earlier, I referred to the corporation tax scandal, Google and the like. I know that the Government have made significant progress on reducing corporation tax, but corporation tax is out of date in a globalised economy. Let us just scrap it. We either make a decision not to spend £42 billion, or we move to a form of taxation that is not so easily avoidable, be it employee taxation, a sales tax or a property tax. However, the perpetuation of corporation tax in the world I see is plainly nonsense.

On the point about London property ownership, it is all about avoiding stamp duty. Scrap stamp duty. We should either not spend the £7 billion or find another way of levying the tax. Perhaps people should be taxed for ownership on an ongoing basis. Perhaps council taxes should be increased. I do not know—one can choose. However, corporation tax and stamp duty are clearly not fit for purpose and are easily avoidable.

The other challenge is intergenerational inequity. Significant sums of money are tied up in particular generations. Much has been said about the Prime Minister’s inheritance tax arrangements, which are totally to be expected—anybody with any wealth will mitigate inheritance tax. Who in that position would not? Let us not be hypocrites. The problem is that significant wealth is tied up in a particular generation, who were born post war. How will we facilitate the transfer of that wealth fairly and equitably? Answers on a postcard, please. At the moment, we do not have a system that works, and we need one.

I move on to transparency and the need for simplification. I am attracted to the Scandinavian—Norwegian and Swedish—model of publishing tax and wealth online. I support that; I have absolutely nothing—as far as I am aware—to hide. When I mention that to Conservative colleagues in particular, they worry about privacy. If that is founded—and those arguments are strong—the Prime Minister should not have published his tax returns, and nobody else should do so. It should be all or nothing. Each and every one of us in the Chamber, and indeed those watching in the Public Gallery, has a share in our democracy and in our Government functioning. For that share to be valued, we must all trust that it is legitimate and fair and that everyone is playing by the rules. I am therefore drawn to the Norwegian model, with all the necessary clarifications of legitimate application.

James Cartlidge Portrait James Cartlidge
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Which Norwegian model? There is one to do with the sex trade, there is another to do with negotiations for the referendum—is my hon. Friend talking about the tax one?

Phillip Lee Portrait Dr Lee
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Of course I am talking about the tax system. There have been some concerns about it, to do with extortion and potential for kidnapping the very wealthy. However, if the system is applied with a log in and all the necessary things that need to be put in place, I do not see a problem with it. In the first couple of years, everyone will be interested—twitchy curtains—in what everyone else is earning, but after that, things will settle down.

I have contributed today and I feel strongly about this because if we do not have trust, not just in us but in this establishment and in Government, we cannot achieve much. The challenges that the country faces with the long-term sustainability of health and welfare, particularly pensions, mean that there will be some difficult decisions for whoever is in power. For them to be implemented, we must be trusted. Everything that we do here should be about that. That is why I think that our priorities should be transparency, simplification and scrapping taxes that have long been out of date.