Finance (No. 3) Bill

Absolutely. I cannot figure out why the Government refused to go beyond that £2.5 billion or £2.6 billion. That is a strange way to design a tax. Normally, a Government would think about whether the rate set was fair and just, and about the requirement for revenue yield, and they might even analyse the effect of the levy in a regulatory impact assessment or whatever. However, at no point have the Government said why they are reluctant to go beyond that £2.6 billion. Perhaps there has been a deal behind the scenes between the Chancellor and the banks, but if there has been such a deal, it is probably the only one that he has been able to reach. I have some specific questions for the Minister on the bank levy and I would be grateful if he could respond. The Minister conceded in the consultation response that derivative liabilities can be netted off against identifiable assets held with the same counter-party, along the lines, as I understand it, of the Basel II regulatory principles. Although bilateral netting between two parties might be straightforward, is the Minister confident that HMRC will be able to keep track of the obviously complex multilateral settlements, where thousands of varying derivatives products are apparently offset by supposedly thousands of other liquid assets? Can he explain what extra resources he plans to dedicate to ensure that derivatives netting does not become a licence to hide liabilities? We will be reliant on the reporting of those liability levels in the accounts of the banks themselves, but surely there will need to be some challenge, some capability within HMRC. I would be grateful, therefore, if he could explain what capability HMRC will have for understanding the netting of derivatives. I would also be grateful if he could answer the concern expressed by some that derivatives netting might create a perverse incentive for banks to shift their liabilities into more complex and perhaps more dangerous areas of business. What plans does he have to review and analyse the behavioural impact of the decision to pursue derivatives netting? What work has been done to amend the double taxation treaties with other bank levy jurisdictions, where legal challenges could easily occur if anomalies are not resolved, which might disrupt the smooth operation of the levy in the UK? Many different levies are popping up in different jurisdictions all over the world, and it is important that the operation of the levy here is not disrupted. The UK levy is clearly calculated by reference to all chargeable equities and liabilities for UK entities, subsidiaries and branches, but some commentators claim that it is unclear what happens in respect of levies in other countries. Can the Minister therefore update the Committee on the international discussions to which the Treasury has presumably been party? On the specific nature of some of the certain chargeable equities listed and described in the Bill, we understand that there is clearly a rationale in their design in respect of short and long-term liabilities. However, would the Minister care to explain the difference between his definition of short-term liability and long-term liability and where the line is being drawn?