2008 Finance Act fringe Human Rights

Michael Plummer made this Freedom of Information request to Her Majesty’s Treasury

The request was successful.

From: Michael Plummer

20 August 2009

Dear Sir or Madam,

In the Joint Committee on Human Rights 20th Report (7th July 2009),
they state:

"We have received evidence to the effect that, as a result of this
provision, more than 2000 people are now facing tax demands going
back up to 7 years, along with punitive interest charged for late
payment. Most of these people are freelance workers, such as IT
contractors, project managers, and oil and gas engineers. The
impact on many of these individuals and their families appears to
be severe. According to a survey of those affected, conducted
between 1st and 5th June 2009, 57 said they could not meet the tax
demand, even if they sold all of their assets including their
family home, and a further 29 could only settle by selling or
remortgaging their family home. A number of people face personal
bankruptcy. The related financial worry is causing mental health
problems and marital breakdown."

Furthermore, it was stated:

"The representations we have received argue that the changes made
by s. 58 of the 2008 Act are in breach of Article 1 Protocol 1 ECHR
because they are retrospective in effect and no adequate
justification for such retrospectivity has been provided."

Will the Treasury release all the information they hold on s.58 so
that we, the public, can judge for ourselves as to whether this was
justified or not.

Yours faithfully,

Michael Plummer

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From: Enquiries, CEU
Her Majesty’s Treasury

20 August 2009

Dear Mr Plummer,

Thank you for your Freedom of Information request. I write to confirm receipt of your request and to let you know that it is receiving attention. If you have any enquiries regarding your request do not hesitate to contact us.

Darren Creamer
Correspondence and Enquiry Unit

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From: responses, FOI
Her Majesty’s Treasury

18 September 2009

Attachment foi plu.pdf
2.8M Download View as HTML

Attachment s58 release.pdf
74K Download View as HTML

Please find attached our response to your recent enquiry.

Paul Morran | Information Rights Unit
HM Treasury, 2/SW, 1 Horse Guards Road, SW1A 2HQ

Please consider the environment before printing this email.
www.hm-treasury.gov.uk

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From: Michael Plummer

20 September 2009

Dear responses, FOI,

Her Majesty's Treasury are late.

They have not replied to my FOI request '2008 Finance Act fringe
Human Rights' within the 20 working days they are allowed by law.

Please reply referencing the original information request within
the time limit permitted by law.

Yours sincerely,

Michael Plummer

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From: responses, FOI
Her Majesty’s Treasury

21 September 2009

Michael

Just picked up your message from 'Whatdotheyknow'. This followed our response to your FOI request that was posted on Friday. Allowing for the Bank Holiday at the end of August, Friday was the twentieth working day. I am sorry we did not manage to reply before the twentieth day, but we don't agree that we were late, as your post suggests.

I see that you have marked the case as for internal review. Please acknowledge if you recognise that our response was in time, and confirm whether you still wish us to proceed with an internal review. I ask this, because the internal review process requires us to revisit all aspects of the handling of your request. Whilst you do not have to justify asking for an internal review, at the same time we do not want to put that work in hand needlessly if it is based on a simple misunderstanding.

Many thanks.

Paul

Paul Morran | Information Rights Unit
HM Treasury, 2/SW, 1 Horse Guards Road, SW1A 2HQ

Please consider the environment before printing this email.
www.hm-treasury.gov.uk

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From: Michael Plummer

21 September 2009

Dear Sir or Madam,

Given that your reply is a regurgitation of previous answers, you
have provided nothing new in replying later the deadline. I do not
accept that HMRC's position before the legislation is not in the
public interest. Therefore, I am still requesting a more detailed
answer to the Human Rights question as it would appear HMRC did not
have a case they could take to the Courts prior to this punative
retrospective legislation.

Yours faithfully,

Michael Plummer

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22 September 2009

Sent a follow up to Her Majesty’s Treasury again.

From: responses, FOI
Her Majesty’s Treasury

29 September 2009

Dear Mr Plummer,

Thank you for your email of 21 September requesting an internal review. I write to confirm receipt of your request and to let you know that it is receiving attention. If you have any enquiries regarding your request do not hesitate to contact us.

Regards

Lisa Adams |Information Rights Unit
HM Treasury, 2SW, 1 Horse Guards Road, SW1A 2HQ |

P Please consider the environment before printing this email.
www.hm-treasury.gov.uk

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From: responses, FOI

27 October 2009

Attachment Review 42 09.pdf
1.2M Download View as HTML

Dear Mr Plummer,

Please find enclosed our response to your review request.

Kate Jenkins.
Head of Information Rights Unit,
HM Treasury, 1 Horseguards Road, London SW1A 2HQ

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If you have received this email and it was not intended for you,
please let us know, and then delete it. Please treat our
information in confidence, as you would expect us to treat yours.

All Treasury information systems may be monitored to ensure
that they are operating correctly. Furthermore, the content of
emails and other data on these systems may be examined,
in exceptional circumstances, for the purpose of investigating
or detecting any unauthorised use.

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