I want to make some reference to it now because the probability is that it will be impossible to move an amendment or deal with it in the normal place. I raised this matter already during my speech on Second Stage. The Minister replied to the effect that various amendments would be put down by him on Committee Stage which would deal with the matter. On looking at the complete list of amendments which I received this morning, there is no amendment from the Minister to this section and one can only assume that it is being left as it is and that the very unsatisfactory situation which exists as a result of section 85 will continue.
Even on the Minister's own admission, the situation that will arise as a result of the passage of section 85 is basically untenable and needs to be changed. I do not need to remind the Minister of the widespread concern in the industry, not simply for their own welfare but for the welfare of their ordinary life assurance policyholders who will inevitably be severely penalised as a result of this section. The Minister wants to get at a different category of person, the sort of person who has been paying large single premiums for guaranteed income bonds and guaranteed growth bonds. It is a reasonable fiscal objective but the way in which it is being done is liable to cause tremendous damage to the life assurance industry and in particular to ordinary policyholders who are not involved in these guaranteed income bonds.
The same problem arose in Britain but it was solved in their 1984 Finance Act in a completely different way from the rather ham fisted approach in this Bill. In Britain the problem was overcome in consultation with the industry in a way that affected only the type of activity that it was sought to control or tax. We are entitled to ask why that is not being done here and why instead we have this very unsatisfactory approach in section 85, a promise of amendments by the Minister and now the failure to bring forward any amendments. The position seems to have worsened since I pointed out on Second Stage that there is very serious concern both here and abroad at what is happening, not at the principle of raising taxation from insurance companies but at the way it is being done. It is being raised retrospectively from funds set aside to meet legal contracts which cannot be varied. The result is that if the companies are to pay the tax, as they must, they must have recourse to people who do not have tight legal contracts, the ordinary insurer of his or her own life who is paying a premium every year or at various points throughout the year. The bonuses or additional dividends which such people might normally have every reason to expect will not be paid.
I understand one of the suggestions made by the industry was that if this once-off payment of a relatively large sum has to be made this year in order to try to help meet the Government's serious budgetary situation and the heavy deficit, the industry feel they could do that without damaging their credibility and underlying structure, provided credit was given for this once-off payment this year against the corporation tax that would be payable in subsequent years if the law were changed on the lines the Minister and his officials indicated to the industry. It is impossible to deal with the matter now because the Minister, in spite of his promise on Second Stage and at the press conference on 4 April when he circulated the Bill to the Press, has not introduced these amendments. We are left in the position of assuming that section 85 will be allowed to stand as it is and that it is not intended to have it amended by the Minister. He has already made a major change in the section compared to what was announced in the budget. The rate of stamp duty has been reduced from 15 per cent to 9 per cent as a result of the realisation in the Department of Finance that a major error had been made and that the consequences of this on the insurance industry had not been taken into account at all. It is no great secret that the Department of Industry and Commerce are extremely concerned at the present position and about the effect it is having, or will have if it is passed, on the liquidity ratio and the liquidity position of life insurance companies here, and on the ability of some of them to meet their obligations without having recourse to funds which a prudent insurance company should not have to have recourse to.
The repercussions abroad are considerable because the very credibility of this country as a location for financial services, which is surely something we should be promoting, is put in doubt by this silly provision which the Minister is apparently now declining to amend. It is unsatisfactory that this discussion is not of a Committee Stage nature so that I could ask the Minister questions and could comment on his replies. I understand I will have to confine myself to this one statement but it is a matter which needs the fullest clarification from the Minister particularly in the absence of his amendments and in the light of the deep concern felt throughout this industry and throughout the Department of Industry and Commerce about the ham-fisted activity that is going on in this section 85.