BN66 - the road to Judicial Review

[SantaClaus]

They don't seem very keen to acknowledge these two requests. They have acknowledged one which was submitted 5 days later.

http://www.whatdotheyknow.com/reques...nded_by_dave_h
http://www.whatdotheyknow.com/request/bn66_foi_guidance

I wonder why?

Great requests DR

If HMRC wont supply information, it's good to know we're still keeping them busy just by submitting requests

I wonder if we can submit them in different languages and then keep their translation services busy. I would have thought so, given their extreme political correctness.

As a matter of course, I think we should request a review of every rejected FOI.

[SantaClaus]

That would provide you with an interesting opportunity to prove that they can't perform basic estimates so challenge the previous rejections.
I'd be tempted to submit a request for details of the estimating activities for each of the rejected requests. It will close off their avenue for simply fobbing off FOI requests that they don't fancy.
£600 = 3.5 person days seems like a perfectly reasonable amount of time to dig out meeting minutes and copy and paste the relevant sections, any Admin Officer could do that in much less than 3.5 days. If the meetings weren't properly minuted then that's evidence of total incompetence.

Go for it, TykeMerc!

[TykeMerc]

Go for it, TykeMerc!

Heheh I'm an interested observer and supporter not a sufferer from this particular piece of pernicious legislation.

[silver_lining]

I am in contact with Montp's legals over this.

We have got plenty of time between now and the JR to keep chipping away at them.

I have also got something up my sleave which I don't want to reveal here just in case our "friends" are monitoring.

I personally am getting really tired of this and when I find time and going to pursue the matter myself....

[BrilloPad]

Many thanks to boycie who came to my stag do last night. good to have bn66 representation......

[DonkeyRhubarb]

I personally am getting really tired of this and when I find time and going to pursue the matter myself....

Go for it.

Personally, I'm not that interested in HMRC, and would rather concentrate on the Treasury. At the end of the day, although HMRC may have come up with the idea of retrospection, utlimately the buck stops with the Government.

The main request I am pursuing is this one submitted to the Treasury on 16th April.

This Freedom of Information Request concerns the retrospective measure announced in Budget Note 66 on 12th March 2008.

I would like to request copies of all documentation that the Treasury holds on this measure, including memoranda, reports, minutes of meetings etc.

On 15th May they asked for a 1-month extension to consider the request further. (The Act allows for them to do this.)

On 11th June, they responded. They didn't pull the £600 card but they did reject it because of other alleged exemptions under the Act. I won't bore you with the details, suffice to say they stated:

We have therefore concluded that the public interest in maintaining the exemptions in this case, outweighs the public interest in disclosing the information.

On 16th June I requested an internal review, which is a pre-requisite before I can take it to the Information Commissioner. My plan is to use the witness testimonies that were presented to the JCHR to argue that it is in the public interest to disclose the information.

I have also requested a list of all the documents and asked for them to state which specific exemptions apply to each one.

[SantaClaus]

Submitted two FOI Requests:

"Please supply the percentage of Freedom Of Information Act requests
that have been denied by HMRC on the grounds of cost."
http://www.whatdotheyknow.com/reques...requests_refus

Please supply the percentage of Freedom Of Information Act requests refused by HMRC.
http://www.whatdotheyknow.com/reques...dom_of_informa

[OldITGitWife]

What next for HMRC

In todays Mail on Sunday, page 51, it states that HMRC is to win new powers to compel organisations and individuals to inform on the whereabouts of taxdodgers or face a £300 fine. HMRC said this power would be used 'proportionately' after considering other avenues and only in worthwhile cases. So anyone who has moved house while owing tax can be traced by mobile phone companies, local councils or neighbours. They expect to use these powers against sole traders, small businesses or partnerships.....and it comes into force in July 2009. The article states that HMRC are looking for new proactive ways to collect money quickly and efficiently.......I wonder why!!!

[phileds]

DR - you're a star. Thanks for being a right old stubborn donkey with all this.

PwC applied for a JR on behalf of mainly property developer clients but it was refused because their application was deemed to be late

Isn't anyone else amazed that a professional outfit such as PwC could leave things too late for a Judicial Review? Bet their clients are happy.

[BrilloPad]

Isn't anyone else amazed that a professional outfit such as PwC could leave things too late for a Judicial Review? Bet their clients are happy.

Not atall. The big 4 have been told that if they keep supported tax avoidance schemes (despite them being legal) they will get no government contracts.

I believe pwc did it "accidentally on purpose".