Clause 1 - Community benefit societies

Part of Co-operatives and CommunityBenefit Societies Bill – in a Public Bill Committee at 2:45 pm on 18 March 2003.

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Photo of Stephen O'Brien Stephen O'Brien Shadow Paymaster General 2:45, 18 March 2003

The hon. Gentleman raises an important point and anticipates where the argument was leading me. Any imposition of criminal liability under secondary legislation would obviously have to be made under the affirmative resolution procedure. I dare say that the Minister anticipated that question, and I look forward to her response.

I could go into the clause in great detail, but I am mindful of what we all said at the outset of the Committee. However, I am concerned only that, although the legislation attempts to describe and prescribe what will give effect to the worthy intent of the Bill's promoter, the provisions are in the nature of a blank cheque to the Government, which is a little dangerous. That is so in relation to criminal liability, the point which the hon. Member for Ceredigion (Mr. Thomas) joined me in making, which also leads to concerns that the Bill is a bit premature, given the Government's current thinking, although I hope that it is not. Given that the promoter has raised the issue, I hope that the Government have had the opportunity to think such matters through carefully. I look forward to the Minister's reply.

The only other point that I flag up, and which the Minister may deal with today or later, is whether there is a potential for tax-driven transactions. In my experience of sitting round company board tables, whenever assets are involved there is always a great danger that some people—often advisers with vast fees—will come up with clever schemes. Those schemes often need a great deal of numerical analysis in order to establish whether they are a genuine benefit to the enterprise, or whether they are driven by tax and tax savings. From what I have read in the Bill and the new clauses, I am unclear as to whether a tax attractiveness element could enter into transactions. From my initial reading, I see nothing to suggest that a tax-saving opportunity deriving from secondary legislation should not be a reason for an exemption under the asset lock.

A potential tax saving or benefit should not drive the process. The assets must ultimately not only be made available to the communities that they serve but be seen in that light, rather than be friable, so to speak, across various entities in order to save tax. I rather suspect that the Treasury would endorse my view on that. However, there is no limitation or express provision, and I therefore look for some reassurance on the matter.