Government Minister misled about the true intention of s58 FA2008

Dear Sir or Madam,

On 10th June 2009, the former Financial Secretary to the Treasury
Jane Kennedy was asked to comment on the following survey which had
been submitted to the Joint Committee on Human Rights.

http://www.publications.parliament.uk/pa...

On 22nd July 2009, she responded by issuing the following
statement.

"I remember the debate and was content that, having questioned
officials closely on the impact of this proposal, very few would be
affected, certainly not in the way that your attachment is
suggesting."

Let's consider the facts.

At the time the Bill was being debated in Parliament, HMRC already
had around 2500 tax returns under enquiry. Of these, over 650
returns were more than 5 years old. There could have been no doubt,
at least not within HMRC, that the impact of this proposal would be
severe, and that many people would be affected.

Now contrast this with what the former Minister says she had been
told by officials, namely that "very few would be affected".

It is hard not to conclude from this that the Government and, by
implication, Parliament was misled as to the true intention of this
legislation.

Does the Treasury have anything on record which supports or refutes
the former Minister's claim that she had been told by officials
that "very few would be affected" by the retrospective provisions
of section 58?

Yours faithfully,

Nigel Jagger