Groomed by Labour – Screwed by Tories?
NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the land. We will sell to no man, we will not deny or defer to any man either Justice or Right.
Lord Denning described the Magna Carta as ‘the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despot’.
David Cameron sends out e-mail invitations to an 800th anniversary reception describing it as the ‘Magna Carter’. Then insists that British children (that’s Iqbal and Abdullah to you and me) should be taught what it means. Or at least how to spell it.
This ‘greatest constitutional document of all times’ stood proud and undiluted for six centuries until the Offences against the Person Act 1828 repealed Clause 26. Successive governments ripped away all but three sections of the charter over the next 140 years. It is a moot point as to whether any of the original protection against the excesses of the Crown remain since the Human Rights Act, by which Blair’s government imposed the supremacy of the European judiciary. Critically, the Act arrogated to Government and to Government alone, the power to determine what constituted a ‘right’. And therefore also the power to suspend or abolish those rights.
NO Freeman shall be taken or imprisoned – Tell that to fellow blogger Graham Mitchell. I wrote of his extraordinary battle to get out of prison after the Portuguese government insisted that Britain jail him for a ‘murder’ that allegedly took place 20 years ago – eventually I discovered the murder victim alive and well, playing championship basketball in Germany! Tell that to Stephen Neary. I wrote of his battle to escape the draconian arm of the state as his Father tried to retrieve his son from the ‘positive behaviour unit’ where he had been imprisoned for over a year under the Deprivation of Liberty clauses in the Mental Capacity Act. Eventually that case led to the slight chink of sunlight that currently falls over the Court of Protection – something the Independent newspaper was snide enough to claim credit for – Grrr!
So much for Habeas Corpus.
Or be disseised of his Freehold…unlesse it be by the lawfull judgment – That one bit the dust last week. Read on Macduff.
Last Thursday royal assent was granted to the Finance Act 2014, which gives HMRC the right to impose ‘accelerated payments’: what this means is that if there is an unresolved tax dispute, the individual will now be compelled to pay up the entire amount claimed by the state, even before the case has been heard by a tribunal.
One of the first casualties was Andrew Mitchell. A man who has already had his reputation ‘stolen’ by that arm of the state known as the ‘media’.
Back in 2005 the Labour Government announced tax breaks for British films. The government said that previous legislation on film tax relief was vulnerable to abuse.
In September 2009, the UK Treasury released new figures which claimed to demonstrate the success of the new tax relief scheme.
Financial Secretary to the Treasury, Stephen Timms, said: “The government is committed to supporting the British film industry and the important role it plays in our economy. Today’s figures are excellent news for the industry, highlighting the success of the UK’s film tax relief which is helping to stimulate investment in domestic film production. Film tax relief will continue to provide valuable assistance to this vibrant sector over the coming years.”
Now, following the success of the ousted Labour government in persuading the media to highlight alleged unfair tax avoidance by large corporations, the Coalition government has brought in a measure by which it can retrospectively decide that you, the man in the street, have ‘unfairly avoided tax’ (i.e. followed the advice of a previous government) and demand that you pay up before discussing the matter. Even Lord Waldegrave, the former chief secretary to the Treasury, has found himself labelled a ‘tax avoider’ for investing in the same ‘stimulation of domestic film production’ that they were encouraged to support by Labour.
That is bad enough – but at least these are only demands for payment. They are hitting wealthy investors – and wealthy investors are like celebrity comedians, nobody minds the law being bent to see them in prison. Wait for the next bit.
George Osborne announced a proposed new system during the 2014 Budget that would allow HMRC to seize assets from anyone that owes more than £1,000 in tax or tax credits. That in itself isn’t really anything new, HMRC can already seize property or cash if they go through the Courts, but these changes would allow HMRC to simply take money from a taxpayer’s bank account with no Court approval!
Frank Haskew, head of the tax faculty at the Institute of Chartered Accountants in England and Wales, says “it is a fundamental tenet of our English law and our democratic society that money cannot be grabbed from somebody’s account without a judge agreeing to the move”. He said the change, which could come into force in just 12 months’ time, would be “unprecedented in the UK”.
We live in dangerous times – you can be thrown into jail on the basis of untrue evidence from a foreign government; be locked up for a year because a care worker says you tapped her on the shoulder to attract her attention; loose your reputation because of the mass publicity of an unproven allegation; have your estate plundered because of more unproven allegations (allegations initiated from the very heart of Magna Carta country); be expected to repay disputed tax bills before appealing – and now the taxman will just ‘take the money anyway’.
It is not just the ‘rich and famous’ who will be subject to these latest moves – but all of us. Every last one of us.
In any other country, the site of the signing of the Magna Carta would be a national monument.
In Britain – it is for sale. £4,000,000. It will probably be bought by some refugee from a ‘repressive government’. Like Russia, for instance.
- Fat Steve
July 21, 2014 at 11:26 am -
describing it as the ‘Magna Carter’ —Gosh Anna reminds me of your witty turn of phrase in one of your earlier blogs about people thinking Magna Carta is an ice cream
- Andrew Rosthorn
July 21, 2014 at 11:29 am -
Dearest Anna,
The curse of correcting people’s spelling and grammar is that gremlins creep into your correction. It’s HABEAS CORPUS [You have the body]. - Fat Steve
July 21, 2014 at 11:33 am -
Actually Anna the present situation on tax recovery without Court approval is a little more draconian than you might think since the tax man has the power to distrain without a Court order —and from personal experience they exercise it !!!!
- Moor Larkin
July 21, 2014 at 11:37 am -
Get Carter!…
“Citing the Magna Carter, the Attorney General reminded journalists of the need to have ‘respect for privacy and family life.’”
http://www.societyofeditors.co.uk/page-view.php?pagename=Gala-Dinner-2011 - JimmyGiro
July 21, 2014 at 11:59 am -
It is bad that the State departments have such power, and can overturn age old safeguards to liberty. But imagine how much worse it would be if the agents of those State agencies were positively prejudiced against you? Imagine if you were a Jew or a Russian, and the HMRC was employing mostly SS and GESTAPO? Imagine if you were a Palestinian in the land of your fathers, and the HMRC was employed by Zionists?
Now know, that the DWP employs about 80% women; and of the token handicapped they employ, most are found amongst the 20% of male employees. That is, like most public sector agencies, they employ feminists and sodomites before human beings. And know further, that they can stop a man’s bread money in the same callous manner in which they prevent his employment in the first place. And to add Ritalin to the wound, they are at liberty to award themselves bonuses for fulfilling local quotas, as set at whim by any of the many performance chasing feminist JobCentre Managers, in accord to the number of ‘sanctions’ imposed on their ‘customers’.
http://jimmygiro.blogspot.co.uk/2008/04/measuring-real-bias-in-employment.html
- Don Cox
July 21, 2014 at 1:21 pm -
“Imagine if you were a Palestinian in the land of your fathers, and the HMRC was employed by Zionists?”
Or if you were a Jew in the land of your fathers, and HMRC was made up od Muslims.
- Edgar
July 21, 2014 at 2:03 pm -
“That is, like most public sector agencies, they employ feminists and sodomites before human beings.” It might help your case if you employed more moderate views. What you display, here, is irrational hatred, not cogent argument. Indeed, what you display is precisely what this page successfully exposes on a daily basis.
- AndrewWS
July 21, 2014 at 4:37 pm -
““That is, like most public sector agencies, they employ feminists and sodomites before human beings.” It might help your case if you employed more moderate views.” It might also help your case if you’re weren’t a loony.
- Don Cox
- EyesWideShut
July 21, 2014 at 12:16 pm -
Yes indeed, Maggie Carter – did she die in vain?
Our govts are very panicky at the moment. They are basically in well over their tiny heads both as regards the world economy and the global international situation. Look at their silly posturing over the shooting down of the Malaysian Airliner. Now because they cannot fix anything big, it is all beyond them, they turn their attention to the people they think they can fix – us. So expect to see more and more of this arbitrary bullying over the next decade. Until it all finally goes too far and they lose the plot entirely.
- GildasTheMonk
July 21, 2014 at 12:26 pm -
A despicable law
- Duncan Disorderly
July 21, 2014 at 12:32 pm -
“loose your reputation”
It’s spelt ‘looz’.
- Edgar
July 21, 2014 at 2:12 pm -
… unless it’s pronounced ‘loos’. I wouldn’t be so sure as you are that ‘loosing’ a reputation wasn’t actually what was meant.
One often sees tirades against ‘the greengrocer’s apostrophe’:Cauliflower’s 50p.
But I ask you: ‘how much is cauliflower?’ Write down your answer.
- Gloria Smudd
July 21, 2014 at 8:23 pm -
Take no notice of Mr Disorderly, Ms R; he knows as well as I do how to spell ‘lose’. He is just trying to confuse you!
- Edgar
- Moor Larkin
July 21, 2014 at 1:24 pm -
Where’s The Baron when you need one……
https://www.youtube.com/watch?v=eP_l6dnoYlM - Jim Bates
July 21, 2014 at 1:26 pm -
So we need a Magna Carta II.
Refresh my memory – how did we get the first one?
Can we use similar methods to get a new one or do we need a popular revolution?Anyone got any shares in ‘Pitchforks-R-Us’ or ‘Halberds Unlimited’?
- GD
July 21, 2014 at 1:59 pm -
I suppose remaking Magna Carta really hinges on whether we could rent one of those apartments in Duncroft for the week before?
…oh and get the old tunnel to Runnymeade open to preserve the ancient tradition of discouraging any unseemly last minute expressions of reluctance…
- Robert Edwards
July 21, 2014 at 2:51 pm -
I think that might be ‘Runnymede’. I mention this only because we seem to be in pedant’s corner today.
A disgusting initiative by HMRC, anyway…
- Moor Larkin
July 21, 2014 at 4:59 pm -
Where are the Press Barons when we need them.
- GD
July 21, 2014 at 6:50 pm -
But on the other hand, all mead is, of it’s nature, runny…
The UK has always been a control culture, it just went underground in more liberal and permissive times and is only crawling back in to the open now.
- Corinne
July 22, 2014 at 6:39 am -
Pedantry continues. “Its” nature.
- Ian B
July 23, 2014 at 9:52 am -
Not “always”, but it has been for about the last 150 years. We were once, genuinely, the most free country in the civilised world. It’s depressing to contemplate what has happened since.
- Corinne
- Moor Larkin
- Robert Edwards
- GD
- Tom Watkins
July 21, 2014 at 4:34 pm -
If I remember correctly Lord Denning once said “maybe it is better that innocent people serve life sentences than the law is impugned”.
- Moor Larkin
July 21, 2014 at 5:01 pm -
In the realm of folk locked up on the basis of unverifiable historical allegations, it seems that Denning’s Law remains firmly in place.
- Chris
July 22, 2014 at 1:52 am -
It will be ‘Chris Denning’s Law’ before the year is out…
- Chris
- Moor Larkin
- GnomeofZurich
July 21, 2014 at 5:48 pm -
Unless I have misread or misunderstood the draft legislation, HMRC will be required to send two ‘warning’ letters and make a telephone call prior to debiting money from a bank account. Moreover, they will not be permitted to take funds from any account which has a balance of less than £5000 in it.
So, it doesn’t require a degree in rocket science to employ perfectly legal measures to prevent HMRC from raiding one’s bank account(s).
Not that I endorse the proposed legislation in any way, but it’s not quite the blatant raid on one’s pocket-book that some journalists are suggesting.
- binao
July 21, 2014 at 7:16 pm -
I haven’t forgotten, back in the ’80’s, working in RSA, being pursued by the Inland Revenue.
I’d properly advised them that I’d rented out my UK home, at a rent that, net of the agents fee, just about covered the mortgage. This was in Cumbria, hard to get a decent rent in those days.
IR now wanted two years tax on the rent received, prompt payment please, or we will send in the bailiffs and take your furniture. And no we won’t make allowance for wear & tear etc. Already sending back cash to ex-wife, & faced with a decline in the Rand of more than 2:1 against the £, it was rapidly becoming unsustainable to stay working abroad.
A good boss & employer saved the day, but I do wonder if I was victimised simply because I was working in RSA.
A couple of years after returning I received a further substantial demand based on an entirely imaginary assessment of interest received.
Not too difficult to deal with things here, but half way round the world, pre email, was tough. - Cascadian
July 21, 2014 at 7:30 pm -
Serfs, back in the “bad old days”owed their masters one days labour per week. Currently in most western countries you are damned lucky if you are working less than two-and-a-half days per week for your masters. This is progress, it is what the progressives call fair.
Allow me to summarize:
You have no rights, you are all serfs to the EU. Hand over your paycheck and savings account, your betters will decide how much allowance you may have, where you may invest at zero-percent interest in banks that are functionally insolvent, how much healthcare you are allowed, and finally when you get old enough which understaffed, under-cleaned, old peoples prison you will expire in.
- Ancient+Tattered Airman
July 21, 2014 at 8:44 pm -
Cascadian is right. I’m fed up being a serf.
- Ancient+Tattered Airman
- johnnyrvf
July 21, 2014 at 9:32 pm -
If I remember my history lessons Neville Chamberlain had moderate views which at the time did not really help the situation…….JimmyGiro’s comments might seem a little on the strong and I would imagine difficult to pr oveside but unless you are a clinical psychologist with his medical notes I think this is the pot calling the kettle black. As to the contents of the article, I no longer live in the U.K. and have daily reason to be thankfull for that.
- Ms Mildred
July 22, 2014 at 10:29 am -
That Magma Carter dwelling looks very tasty. Wish I had 3-4 million spare to purchase this amazing place. Scarily close to the river though. Retrospectively making something into a crime to grab money is a dirty trick in any country.
- Trimperley
July 23, 2014 at 11:22 pm -
Good article. It used to be that English law was not retrospective. The rot set in when Brown decided to bring in a pre-owned assets Inheritance/Income Tax that was retroactive. This lot are sadly following the same formula.
- Mr Wray
July 26, 2014 at 4:00 pm -
The State is deep in debt and needs money, our money. But what happens if the State reneges on it’s debts? Is it better to surrender our savings now and help prevent the inevitable? Or should we withhold our dosh and watch as London burns?
Perhaps we should ask the Cypriots? Perhaps we should ask the Greeks or the Italians what to do when the EU decides it doesn’t like the government that was elected by the people?
Interesting times are coming soon.
Personally I’m with Confucius on this one …
- Alexander Baron
July 28, 2014 at 4:18 pm -
Would you hug an underage girl in the street?
I can’t believe they’re doing this. Imagine this guy 30 years from now trying to convince a jury this was all in a good cause.
https://www.youtube.com/watch?v=_eyyHUfOmeo
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