Attendees: Dave Hartnett (Chair), Stephen Alambritis, Roderick Cordara QC, David Cruickshank, Peter Gravestock, Penny Hamilton, Mike Hardwick, , Francesca Lagerberg, Chas Roy-Chowdhury, Philip Baker QC OBE, Mike Templeman, Derek Allen, Professor John Hasseldine and Angela Roach (Secretary)
Invitees: HMRC and HMT: Simon Norris, Howard Connell, Martin Stribblehill, Luke Liddiard, Carolyn Parmeter and John Shuker.
Apologies: Peter Curwen (HMT), Richard Exell OBE, Anthony Leonard QC, Lawrence Longe, Ian Menzies- Conacher, Patrick Clarke and Tom Evans.
1. There were no outstanding action points.
2. DH explained that the first phase of the New Intervention trials had finished. Lessons had been learnt from the first phase and they had shown that Interventions would increase efficiency and effectiveness. For the non-represented taxpayer it would reduce their encounter with HMRC from 13 months to several weeks. A new approach was underway where HMRC would be undertaking an evaluation in consultation with representative bodies plus workshops where representative bodies would be able to nominate people to attend.
3. The Committee thought new interventions were something worth exploring but should not be rushed. They added that training issues were a concern and stressed that the remedy lay with both HMRC and the professions. HMRC wanted to reassure the Committee that they had already started work to drip-feed the messages about cultural change to HMRC staff. For instance a slot at three internal conferences covering about 350 senior compliance staff this autumn had stressed a more proportionate and behaviourally based approach.
4. HMRC provided the Committee with feedback from the series of workshops held in September and October. They covered improving compliance interventions in the short-term under existing powers; the new penalties model which the Committee had helped develop; and options for a new suite of intervention powers. HMRC were grateful to those organisations who participated.
5. HMRC recounted the overall themes from all four workshops:
6. HMRC reassured that the comments would be taken forward , subject to Ministers’ view and the next step would be to publish the feedback on all the workshops. Further consultation documents on penalties and on interventions would follow which will reflect the points made at the workshops.
7. A Committee member had attended the workshops and was very impressed with them. They thought they were effective and interesting. It was an opportunity for attendees to express their views and for HMRC to get a quick response. Although there were concerns about how the views would be taken into account. Proposals put forward at the Penalties workshop had caused some concern, in particular three aspects:
8. HMRC assured that:
9. HMRC introduced this item stressing this was the first overview of responses as they were still coming through even though the deadline had passed.
10. HMRC explained that the Consultation document had been published on 9 August 2006 with a consultation period ending on the 1 November 2006. There had been 27 external responses to date including some from the major representative bodies.
11. The main points covered were:
12. HMRC explained the responses were being carefully considered and a meeting
would be offered to respondents, including representative bodies, to discuss
the points they raised. HMRC stressed that no decisions had been made and
a summary of responses will be published, subject to Ministers, which would
address and answer some concerns and questions made.
15. The Committee raised concerns about potential reduction in the level of judicial scrutiny as a result of extending the PACE. They suggested that the need to consider the position before an offence has been committed may be unnecessary as conspiracy charges should usually be in point. The Law Society welcomed a meeting to discuss certain issues.
16. The Committee questioned the decision for HMRC to handle criminal matters. Regard should be also given to how other countries handle this area and human rights issues.
Action: HMRC to arrange meetings with Committee members plus other representative bodies
18. HMRC wanted the Committee’s views on one aspect of the developing strategy to encourage and require online filing of tax returns. They particularly wanted the Committee’s views on whether HMRC should consider a penalty when encouragement had failed and a business that had been mandated to file online had submitted a return or form on paper.
19. Members of the Committee made the following comments:
20. HMRC assured the Committee that the paper dealt with only a small aspect of Lord Carter’s work. Lord Carter had made a number of recommendations around testing of systems, support for customers and working collaboratively with taxpayers, agents and software developers. In addition the Carter programme was determined to be Customer orientated and to design improvements to our services “from the outside in”. A large amount of consultative work is already going on to understand customers’ needs and priorities. The consideration of penalties was only a very small part of Lord Carter’s work. Over the next two years HMRC would be focused on working with representative bodies and stakeholders to test the system. HMRC noted that the mandation of online fling was being phased in; for example, VAT traders in the less than £100,000 bracket would be able to continue as currently until at least 2012. HMRC projections were that use of IT would be near universal for businesses with turnover in excess of £100,000 by 2010. HMRC would continue to monitor the IT literacy of smaller businesses and that research would inform decisions about whether and when to require traders with turnover under £100,000 to file online.
21. HMRC concluded that this was an area that clearly warranted further input from the committee, therefore, they would bring this issue again to the next meeting.
Action: HMRC to discuss again at the next meeting.
Next meeting: 14.00 until 17.00 Thursday 15 February 2007 in HM Treasury Boardroom:
1 Horse Guards Road.